City of Kingston, NY
Ulster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
In the RRR One-Family Residence District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from the Planning Board in accordance with § 405-30.)
A. 
Uses permitted by right. A building may be erected, constructed, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
*One-family dwellings, not to exceed one such dwelling on each lot.
(2) 
Cemeteries.
(3) 
Places of worship, including parish houses and religious school buildings, and public and private schools and children's homes on land not less than five acres in size, including uses customarily accessory thereto, subject to the following requirements:
(a) 
Notwithstanding any other provisions contained in this chapter, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b) 
No building or part thereof shall be erected nearer than 50 feet to any street line or property line.
(c) 
The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
(d) 
Any private school permitted under this subsection shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such.
(e) 
All parking and service areas shall be screened from the view of all adjoining residential properties by an opaque fence, wall or hedge of a height not less than six feet nor more than 10 feet. The design and location of such screen shall be subject to approval by the Planning Board.
(4) 
General hospitals and nursing and convalescent homes, meeting the requirements of the county or state agency having jurisdiction, intended primarily for the care and treatment of residents of the City of Kingston and adjacent municipalities, provided that:
(a) 
Such hospital does not care mainly for patients suffering from alcoholism, drug addiction or mental disorders.
(b) 
No new building for hospital or nursing or convalescent home purposes shall be erected nearer than its height or 60 feet, whichever is the greater distance, to any street or property line, nor shall any lot on which such facility is erected have an area of less than five acres, except that this provision shall not apply to lands owned by existing hospitals.
(c) 
Notwithstanding any other provisions contained in this chapter, no building shall exceed a height of 35 feet nor shall the number of stories at any point along the periphery of such building exceed three.
(d) 
The sum of all areas covered by principal and accessory buildings shall not exceed 25% of the area of the lot.
(5) 
Farms, truck gardens, greenhouses, nurseries and arboretums on lots having an area of at least five acres, including the sale on the premises of produce grown thereon, provided that:
(a) 
Except as hereinafter provided, any farm building, other than dwellings and buildings accessory thereto, and the heating plant of any greenhouse shall be distant at least 75 feet from any street line or property line.
(b) 
Farm buildings devoted to or intended for the housing of livestock, horses, rabbits, hares, guinea pigs, ducks, geese, live poultry or fowls of any kind shall be erected at least 200 feet from any street or property line.
(c) 
No odorous fertilizer shall be stored within a distance of 75 feet of any street or property line.
B. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas or devices of similar nature, provided that the establishment of the particular use in the area is necessary for the operation of the public utility system or required to supply utility service to the local area and the Planning Board determines that there is no other reasonable location in a less restricted district that can be utilized for the purpose.
(2) 
Cluster developments, subject to the requirements of § 405-35 of this chapter.
(3) 
Nursery or preschool educational establishments or day-care centers, subject to the following requirements:
(a) 
The applicant shall have obtained all licenses, certifications or approvals that may be required by federal, state or local law.
(b) 
For each child registered, there shall be a minimum of 35 feet of floor space exclusive of halls, bathrooms and kitchens.
(c) 
For each child enrolled, there shall be provided not less than 75 square feet of usable exterior open space. The Planning Board may authorize the substitution of interior space available for recreation purposes if it determines that the aggregate space to be provided is adequate.
(d) 
No permanently installed play equipment shall be located in any required front or side yard.
(e) 
Any outdoor play area shall be located either not nearer than 30 feet from any lot in an RRR through R-3 District or shall be screened therefrom by a device found sufficient by the Planning Board to ensure visual and auditory privacy to such adjacent properties.
(4) 
Libraries, museums and/or art galleries on lots having an area of not less than 20,000 square feet, provided that no building is erected nearer than 50 feet to any street or property line.
(5) 
Golf, tennis or swimming clubs, subject to the following requirements:
(a) 
The site shall have an area of not less than two acres.
(b) 
No building or part thereof and no parking or loading area shall be located within 150 feet of a street line or of a property line of a lot in an RRR through R-3 District.
(6) 
Family day-care homes, authorized by the New York State Department of Social Services.
(7) 
Agency group homes, agency community residences, intermediate care facilities or family care homes and adult care facilities, subject to the following requirements:
[Amended 6-5-2001; approved 6-11-2001]
(a) 
The special permit shall be reviewed every two years.
(b) 
Total occupants shall not exceed one for each 1,000 square feet of lot area.
(c) 
Said home shall not be located within 1,200 feet of any other lot on which another agency group home, agency community residence or boarding, lodging or rooming house or other similar use is located. Said distance shall be measured from those points on the periphery of the lots on which such houses are located or proposed to be located nearest to each other.
(d) 
Said home shall conform to and be maintained in harmony with the overall character and appearance of the surrounding neighborhood.
(e) 
Said home shall not erect any sign that identifies or advertises the use or occupancy of the home.
(f) 
Where residents are permitted to own or operate an automobile, one off-street parking space shall be provided for each resident for whom the facility is designed and each employee while on duty, and such parking shall not be located in any required yard.
(g) 
Said home shall be registered with the City Clerk, and the following information shall be filed and kept up-to-date:
[1] 
The name of the operating agency.
[2] 
The name(s) of resident supervisor(s).
[3] 
The maximum number of persons that will live in the facility.
[4] 
The appropriate licenses and certifications.
(8) 
Renting out of not more than two rooms by a resident family, provided that no sign advertising the availability of such rooms shall be displayed.
(9) 
Accessory apartments.
(a) 
Purpose and intent. It is the specific purpose and intent to allow accessory apartments on properties with large one-family houses, except where enforceable deed covenants prohibit the same, to provide the opportunity and encouragement for the development of small, rental housing units designed, in particular, to meet the special housing needs of single persons and couples with limited income, both young and old, and of relatives of families presently living in the City. Furthermore, it is the purpose and intent of this provision to allow the more efficient use of the City's existing stock of dwellings to provide economic support for present resident families of limited income and to protect and preserve property values.
(b) 
Owner occupancy required. The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises. The special permit and any conditions shall apply to the property.
(c) 
Location and age. An accessory apartment may be located in the principal dwelling, provided that such principal dwelling existed prior to January 1, 1982, contains a minimum of 2,000 square feet of habitable space and conforms to the other requirements of this chapter, unless a variance therefor shall have been granted by the Zoning Board of Appeals.
(d) 
Apartment size. The minimum floor area for an accessory apartment shall be 300 square feet, but in no case shall it exceed 25% of the habitable area of the dwelling in which it is located or 600 square feet, whichever is less, unless, in the opinion of the Planning Board, a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building.
(e) 
Number of accessory apartments and dwelling units per lot. There shall be no more than one accessory apartment nor a total of two dwelling units permitted per lot.
(f) 
Exterior appearance. The entry to such unit and its design shall be such that, to the degree reasonably feasible, the appearance of the building will remain as a one-family residence.
(g) 
Water and sewer service. Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling building, approval of the proposed method of water supply and sewage disposal shall be obtained from the Ulster County Department of Health and the City Water Department.
(h) 
Off-street parking.
[1] 
Off-street parking spaces shall be provided based upon the total number of bedrooms in both the principal dwelling unit and the accessory apartment according to the following schedule:
Number of Bedrooms
Number of Required Spaces
0 to 3
3
4 or more
4
[2] 
Off-street parking shall be so arranged that no additional curb cut is necessary.
(10) 
Adult day-care centers.
[Added 9-13-1988; approved 9-16-1988]
C. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with requirements of § 405-34.
(2) 
Customary home occupations, provided that:
(a) 
No display of goods or waste material therefrom is visible from the street or adjoining properties.
(b) 
Such occupation is incidental to the residential use of the premises and is carried on in the main building by a resident thereof with not more than one assistant who does not reside on the premises.
(c) 
Only customary household appliances and equipment are used.
(d) 
Such occupation is carried on in an area not exceeding 30% of the area of one floor of the main building.
(e) 
No obnoxious odors, noise or vibration emanates therefrom.
(3) 
A professional office or studio of an architect, artist, accountant, chiropractor, City planner, clergyman, dentist, electrologist, engineer, insurance broker, lawyer, musician, optometrist, osteopath, physician, real estate broker, surgeon or teacher, provided that:
(a) 
Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereof with not more than one assistant who does not reside on the premises.
(b) 
Such office or studio shall occupy not more than 30% of the area of one floor of the main building. Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.
(4) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to the residential use of the premises, shall be subject to the following requirements:
(a) 
No part of a pool shall be nearer than five feet to any property line, except that in the case of corner lots no part of such pool shall be nearer than 10 feet to the property line of either street.
(b) 
Swimming pool fencing shall be erected in accordance with the provisions of the New York State Uniform Fire Prevention and Building Code § 720.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000]
(c) 
Any lighting used in conjunction with such pool.
(d) 
Should the owner abandon the pool, he shall arrange to fill in the depression. The Building Inspector shall be notified of the abandonment within 60 days so that an inspection of the site may be made and the records of the permit be marked accordingly.
(e) 
Subsections C(4)(b), (c) and (d) of the foregoing regulations shall apply to existing pools, within six months following adoption of this chapter.
(5) 
Private garages, including carports, for not more than three passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one automobile.
(6) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(7) 
Nonilluminated signs in accordance with the regulations of § 405-36.
(8) 
Fences, hedges or garden walls for permitted residential uses shall be limited to four feet in height in any front yard and 6 1/2 feet in height in any rear and side yard. For all other permitted uses, such fences or garden walls may be erected to greater heights if approved or so required by the Planning Board or by other provisions of this chapter. The height of a fence or wall shall be measured above the finished grade. Fences shall be permitted only on private property.
D. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the RR One-Family Residence District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses except, those with an asterisk, require site plan approval from the Planning Board in accordance with § 405-30.)
A. 
Uses permitted by right. A building may be erected, constructed, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
*One-family dwellings, not to exceed one such dwelling on each lot.
(2) 
Cemeteries.
(3) 
Places of worship, including parish houses and religious school buildings, and public and private schools and children's homes on land not less than five acres in size, including uses customarily accessory thereto, subject to the requirements of § 405-9A(3).
(4) 
General hospitals and nursing and convalescent homes, meeting the requirements of the county or state agency having jurisdiction, intended primarily for the care and treatment of residents of the City of Kingston and adjacent municipalities, subject to the requirements of § 405-9A(4).
(5) 
Farms, truck gardens, greenhouses, nurseries and arboretums on lots having an area of at least five acres, including the sale on the premises of produce grown thereon, subject to the requirements of § 405-9A(5).
B. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas and other similar devices, subject to the requirements of § 405-9B(1).
(2) 
Cluster developments, subject to the requirements of § 405-35 of this chapter.
(3) 
Nursery or preschool educational establishments or day-care centers, subject to the requirements of § 405-9B(3).
(4) 
Libraries, museums and/or art galleries on lots having an area of not less than 20,000 feet, provided that no building is erected nearer than 25 feet to any street or property line.
(5) 
Golf, tennis or swimming clubs, subject to the requirements of § 405-9B(5).
(6) 
Clubs and recreational uses.
(a) 
Annual membership clubs, other than golf, tennis or swimming clubs, incorporated pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, catering exclusively to members and their guests, and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, provided that the following shall be prohibited:
[1] 
Outdoor entertainment, live or mechanical.
[2] 
The use of outdoor public-address systems for any purpose.
[3] 
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
[4] 
An artificially illuminated sign or signs in excess of 12 square feet.
(b) 
No building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line.
(7) 
Family day-care homes authorized by the New York State Department of Social Services.
(8) 
Agency group homes, agency community residences, intermediate care facilities or family care homes and adult care facilities, subject to the requirements of § 405-9B(7).
[Amended 6-5-2001; approved 6-11-2001]
(9) 
Renting out of not more than two rooms by the resident family, provided that no sign advertising the availability of such rooms shall be displayed.
(10) 
Accessory apartments in accordance with the requirements of § 405-9B(9).
(11) 
Adult day-care centers.
[Added 9-13-1988; approved 9-16-1988]
C. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Customary home occupations, subject to the requirements of § 405-9C(2).
(3) 
A professional office or studio, subject to the requirements of § 405-9C(3).
(4) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to the residential use of the premises, shall be subject to the requirements of § 405-9C(4).
(5) 
Private garages, including carports, for not more than three passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile.
(6) 
The keeping of customary household pets, but excluding commercial breeding or keeping of the same.
(7) 
Nonilluminated signs in accordance with the requirements of § 405-36.
(8) 
Fences, hedges or garden walls limited as in § 405-9C(8).
(9) 
Buildings used for noncommercial horticultural or agricultural purposes, provided that no greenhouse heating plant shall be operated within a distance of 25 feet and no fertilizer shall be stored within a distance of 50 feet of any street or property line.
D. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the R-1 One-Family Residence District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from the Planning Board in accordance with § 405-30.)
A. 
Uses permitted by right. A building may be erected, constructed, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
*One-family dwellings, not to exceed one such dwelling on each lot.
(2) 
Cemeteries.
(3) 
Places of worship, including parish houses and religious school buildings, and public and private schools and children's homes on land not less than five acres in size, including uses customarily accessory thereto, subject to the requirements of § 405-9A(3).
(4) 
General hospitals and nursing and convalescent homes meeting the requirements of the county and state agency having jurisdiction, intended primarily for the care and treatment of residents of the City of Kingston and adjacent municipalities, subject to the requirements of § 405-9A(4).
(5) 
Farms, truck gardens, greenhouses, nurseries and arboretums on lots having an area of at least five acres, including the sale on the premises of produce grown thereon, subject to the requirements of § 405-9A(5).
B. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas or devices of a similar nature, subject to the requirements of § 405-9B(1).
(2) 
Nursery or preschool educational establishments or day-care centers, subject to the requirements of § 405-9B(3).
(3) 
Libraries, museums and/or art galleries on lots having an area of not less than 20,000 square feet, provided that no building is erected nearer than 25 feet to any street or property line.
(4) 
Golf, tennis or swimming clubs, subject to the requirements of § 405-9B(5).
(5) 
Annual membership clubs, other than golf, tennis or swimming clubs, incorporated pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, catering exclusively to members and their guests, and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, subject to the requirements of § 405-10B(6).
(6) 
Family day-care homes authorized by the New York State Department of Social Services.
(7) 
Agency group homes, agency community residences, intermediate care facilities or family care homes and adult care facilities, subject to the requirements of § 405-9B(7).
[Amended 6-5-2001; approved 6-11-2001]
(8) 
Renting out of not more than two rooms by the resident family, provided that no sign advertising the availability of such rooms shall be displayed.
(9) 
Accessory apartments in accordance with the requirements of § 405-9B(9).
(10) 
Adult day-care centers.
[Added 9-13-1988; approved 9-16-1988]
(11) 
Residential care/assisted-living facilities. The special permit shall not be issued or renewed for a period longer than one year.
[Added 12-18-2002, approved 12-23-2002]
C. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Customary home occupations, subject to the requirements of § 405-9C(2).
(3) 
A professional office or studio, subject to the requirements of § 405-9C(3).
(4) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool incidental to the residential use of the premises and subject to the requirements of § 405-9C(4).
(5) 
Private garages, including carports, for not more than three passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile.
(6) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(7) 
Nonilluminated signs in accordance with the requirements of § 405-36.
(8) 
Fences, hedges or garden walls limited as in § 405-9C(8).
D. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the R-2 Two-Family Residence District and R-3 Three-Family Residence District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from the Planning Board in accordance with § 405-30.)
A. 
Uses permitted by right. A building may be erected, constructed, reconstructed, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes by right and for no other:
(1) 
*One-family dwellings, not to exceed one such dwelling on each lot.
(2) 
*Two-family dwellings (in the R-3 District, three-family dwellings are permitted).
(3) 
Cemeteries.
(4) 
Places of worship, including parish houses and religious school buildings, and public and private schools and children's homes on land not less than five acres in size, including uses customarily accessory thereto, subject to the requirements of § 405-9A(3), except that principal structures may be erected within 20 feet of any side or rear lot line, and the sum of all areas covered by all principal and accessory buildings shall not exceed 60% of the area of the lot.
(5) 
General hospitals, nursing homes and convalescent homes meeting the requirements of the county and state agency having jurisdiction, intended primarily for the care and treatment of residents of the City of Kingston and adjacent municipalities, subject to the requirements of § 405-9A(4).
[Amended 12-18-2002, approved 12-23-2002]
(6) 
Farms, truck gardens, greenhouses, nurseries and arboretums on lots having an area of at least five acres, including the sale on the premises of produce grown thereon, subject to the requirements of § 405-9A(5).
B. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas or devices of a similar nature, subject to the requirements of § 405-9B(1).
(2) 
Rooming houses and boardinghouses, subject to the following requirements:
[Amended 3-7-1995, approved 3-15-1995
(a) 
No rooming house or boardinghouse which furnishes rooming or boarding accommodations for hire within the same shall exist or be maintained within the City without a special permit, which shall be issued by the Planning Board of the City of Kingston, as hereinafter provided.
(b) 
No special permit shall be issued hereunder and any special permit heretofore or hereafter issued shall be subject to revocation, unless the applicant or holder of such permit fully complies with the following requirements:
[1] 
The applicant shall be the individual owner of such premises.
[2] 
At the time of the issuance of such special permit and at all times when said premises are used as a rooming house or boardinghouse, the owner thereof shall maintain his residence in and shall actually reside in said premises or there shall be a permanent resident of the City of Kingston who shall be the resident agent responsible for the management of the rooming house or boardinghouse.
[3] 
The maximum number of roomers or boarders shall be 12 and the maximum number of rooms shall be 10.
[4] 
There shall be no more than two people occupying a room as a roomer or boarder, and such room shall have a minimum of 80 square feet of floor space per occupant.
[5] 
Rooming houses and boardinghouses legally operating with a special permit at the time of the adoption of this chapter, as amended, which may be nonconforming uses under this chapter shall be entitled to the issuance of a special permit under compliance with all of the provisions of this chapter, except Subsections B(2)(b)[1], [2], [3] and [4] of this subsection, upon applications made prior to and for the permit year December 31, 1994. After said date, no special permit shall be issued to any applicant unless such applicant fully complies with all of the provisions of this chapter, including said Subsections B(2)(b)[1], [2], [3] and [4] of this subsection.
[6] 
All rooming houses and boardinghouses shall be heated by a central heating plant or permanently installed electric baseboard panel heating. No portable heating units are allowed.
[7] 
No cooking or storage of foodstuffs shall be permitted in any room other than a kitchen.
[8] 
In all parts of such building, artificial lighting shall be provided by means of electric current and each electric circuit shall be provided with a circuit breaker or fuse which shall meet the requirements of the New York Board of Fire Underwriters. Each new application shall be accompanied by a New York Board of Fire Underwriters' certificate. This certificate shall not be more than one year old. Thereafter, on renewal applications, a current New York Board of Fire Underwriters' certificate shall be required at least once each five years. Any fees involved in obtaining this current New York Board of Fire Underwriters' certificate shall be borne by the applicant.
[9] 
No sinks shall be installed or used in any sleeping room, but basins shall be permitted for personal washing and shaving. Such basins, however, shall not be used for washing of clothes and dishes or any unsanitary purposes.
[10] 
Bathroom facilities shall be maintained for the owner-occupant separate and apart from bathroom facilities for the roomers and boarders.
[11] 
The owner or resident agent of every rooming house and boardinghouse shall change supplied bed linens and towels therein at least once each week or prior to the letting of any room to any occupant. The owner or resident agent shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.
[12] 
All garbage and kitchen wastes in every rooming house and boardinghouse shall be immediately deposited in suitable covered receptacles which shall be disposed of as needed in such a way as not to be or become offensive or unsanitary.
[13] 
All sleeping rooms shall be numbered with raised figures not less that three inches in height placed on the outside of the door to each room, and no two rooms shall bear the same number.
[14] 
Each and every floor on which rooms are occupied by roomers and boarders shall be equipped with a fire extinguisher in good working condition readily accessible for use at all times and approved by the Fire Prevention Bureau of the City of Kingston.
[15] 
No room shall be occupied by roomers or boarders in the third floor or attic of any dwelling unless the building complies fully with the New York State Multiple Residence Law. In a wood-frame dwelling, no room shall be occupied by roomers or boarders in the third floor or attic.
[16] 
Off-street parking must be provided on the premises at the rate of one space per occupant based on maximum possible occupancy, plus one space for each employee.
[17] 
All rooming houses and boardinghouses with special permits shall be subject to inspections at all reasonable hours by properly authorized representatives of the City of Kingston. Failure to comply with this provision shall constitute grounds for immediate revocation of the permit.
[18] 
Every rooming house and boardinghouse and every part of the premises shall be at all times kept clean and free from dirt, filth and rubbish and in a sanitary condition. Cleaning and renovation shall be secured as may be ordered by the Building Department.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
[19] 
No sign shall be erected that identifies or advertises the use of the rooming house or boardinghouse for such purpose.
[20] 
Said use shall conform and be maintained in harmony with the overall character and appearance of the surrounding neighborhood.
[21] 
No rooming house or boardinghouse permitted pursuant to this subsection shall be located less than 1,200 feet from an existing rooming house or boardinghouse.
[22] 
No rooming house or boardinghouse permitted pursuant to this subsection shall be located less than 1,200 feet from an existing bed and breakfast.
(c) 
Any person maintaining such a rooming house or boardinghouse shall keep upon such premises a register showing the names of all persons residing or living in or upon said premises, as well as the room occupied by each and shall exhibit the same to any member of the Police Department or the Fire Department of the City or his deputy, or any member of the Building Department of the City of Kingston, at any reasonable time upon demand, and the failure to so exhibit the same shall constitute a violation and be punished in accordance with § 405-52.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
(d) 
For rooming houses and boardinghouses only, there shall be an annual special permit fee as set forth in the fee schedule to be established by resolution of the Common Council of this City,[1] per building plus a charge per room as set forth in the fee schedule to be established by resolution of the Common Council of this City for each room over four rooms per building which is used as an accommodation for hire. The fee for any special permit required by the provisions of this chapter shall be at the levels fixed from time to time by resolution of the Common Council of the City of Kingston or by local law.
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
[1]
Editor's Note: See Ch. 217, Fees.
(e) 
No special permit shall be issued or renewed for a longer period than one year, and all permits shall expire one year following the date of issuance. All applications, properly filled out, must be filed with the Planning Board of the City of Kingston at least 30 days prior to the expiration of the previous special permit or 30 days before the applicant intends to commence operations. The fee for the issuance of a special permit hereunder or for subsequent renewals thereof is hereby established for the whole or part of the calendar year.
(f) 
Every applicant of a rooming house or boardinghouse shall submit with his application to the Planning Board the following information which is to be filed both with the City Clerk and the Building Safety Office:
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
[1] 
The name, address and phone number of the owner or operating agency of the rooming house or boardinghouse.
[2] 
The name, address and phone number of the permanent resident of the City of Kingston who shall be the resident agent responsible for the management of said rooming house or boardinghouse.
[3] 
A description of the property by street number, the number of apartments in each rooming house or boardinghouse, the number of rooms in each apartment, the number of rooms for sole occupancy and the maximum possible occupancy.
[4] 
The number of persons occupying each room and/or apartment.
[5] 
A plan or diagram of the lot containing the rooming house or boardinghouse and of each floor in the building, showing all dimensions, doors, windows, closets, water closets, bathrooms, staircases and means of exit.
[6] 
Proof of annual inspection by the Ulster County Department of Health.
(3) 
Nursery or preschool educational establishments or day-care centers, subject to the requirements of § 405-9B(3).
(4) 
Libraries, museums and/or art galleries on lots having an area of 20,000 square feet, provided that no building is erected nearer than 25 feet to any street or property line.
(5) 
Golf, tennis or swimming clubs, subject to the requirements of § 405-9B(5).
(6) 
Annual membership clubs, other than golf, tennis or swimming clubs, incorporated pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, catering exclusively to members and their guests, and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, subject to the requirements of § 405-10B(6).
(7) 
Family day-care homes authorized by the New York State Department of Social Services.
(8) 
Agency group homes, agency community residences, intermediate care facilities or family care homes and adult care facilities, subject to the requirements of § 405-9B(7).
[AMended 6-5-2001, approved 6-11-2001]
(9) 
Renting out of not more than two rooms by resident families, provided that no sign advertising the availability of such rooms shall be displayed.
(10) 
Adult day-care centers.
[Added 9-13-1988, approved 9-16-1988]
(11) 
Residential care/assisted-living facilities. The special permit shall not be issued or renewed for a period longer than one year.
[Added 12-18-2002, approved 12-23-2002]
C. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Customary home occupations, subject to the requirements of § 405-9C(2).
(3) 
A professional office or studio of an architect, artist, public accountant, chiropractor, City planner, clergyman, dentist, electrologist, engineer, insurance broker, lawyer, musician, optometrist, osteopath, physician, real estate broker, surgeon or teacher, subject to the requirements of § 405-9C(3).
(4) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to the residential use of the premises, shall be subject to the requirements of § 405-9C(4).
(5) 
Private garages, including carports, for not more than three passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile.
(6) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(7) 
Nonilluminated signs in accordance with the requirements of § 405-36.
(8) 
Fences, hedges or garden walls limited as in § 405-9C(8).
D. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the R-4 Two-Story Multiple Residence District and the R-5 Three-Story Multiple Residence District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from the Planning Board in accordance with § 405-30.)
A. 
Use permitted by right. A building may be erected, constructed, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
*One-family dwellings, not to exceed one such dwelling on each lot.
(2) 
*Two-family dwellings.
(3) 
*Three-family dwellings.
(4) 
Dwellings for four or more families, including townhouses. In addition to the provisions of the Lot and Bulk Schedule and § 405-30, such uses shall be subject to the following restrictions:
(a) 
Length of building. No building shall exceed a length of 160 feet.
(b) 
Distance between buildings. The following minimum distances between buildings shall be observed:
[1] 
Between a principal building, other than a one-family dwelling, and a one-story accessory building, 20 feet.
[2] 
Between any two other buildings, a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.
(5) 
Office use in multiple dwellings, except that not more than one professional office or studio, other than accessory to a use otherwise permitted, shall be permitted for each 25 dwelling units or major fraction thereof on the lot. Such office or studio shall be only on the street floor of any building and on the floor immediately above the street floor only if there is access to such office or studio from other than a public hall.
(6) 
Cemeteries.
(7) 
Places of worship, including parish houses and religious school buildings, and public and private schools and children's homes on land not less than five acres in size, including uses customarily accessory thereto, subject to the requirements of § 405-9A(3), except that principal structures may be erected to within 20 feet of any side or rear lot line, and the sum of all areas covered by all principal and accessory buildings shall not exceed 60% of the area of the lot.
(8) 
General hospitals, nursing homes and convalescent homes meeting the requirements of the county or state agency having jurisdiction, intended primarily for the care and treatment of residents of the City of Kingston and adjacent municipalities, subject to the requirements of § 405-9A(4).
[Amended 12-18-2002, approved 12-23-2002]
(9) 
Farms, trucks gardens, greenhouses, nurseries and arboretums on lots having an area of at least five acres, including the sale on the premises of produce grown thereon, subject to the requirements of § 405-9A(5).
B. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas or devices of a similar nature, provided that the establishment of the particular use in the area is necessary for the operation of the public utility system or required to supply utility service to the local area.
(2) 
Rooming houses and boardinghouses, subject to the requirements of § 405-12B(2).
(3) 
Nursery or preschool educational establishments, or day-care centers, subject to the requirements of § 405-9B(3).
(4) 
Libraries, museums and/or art galleries on lots having an area of 20,000 square feet, provided that no building is erected nearer than 25 feet to any street or property line.
(5) 
Golf, tennis or swimming clubs, subject to the requirements of § 405-9B(5).
(6) 
Annual membership clubs, other than golf, tennis or swimming clubs, incorporated pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, catering exclusively to members and their guests, and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, subject to the requirements of § 405-10B(6).
(7) 
Family day-care homes.
(8) 
Agency group homes, agency community residences, intermediate care facilities or family care homes, adult care facilities and emergency shelters subject to the requirements of § 405-9B(7).
(9) 
Renting out of not more than two rooms by resident families, provided that no sign advertising the availability of such rooms shall be displayed.
(10) 
Adult day-care centers.
[Added 9-13-1988; approved 9-16-1988]
(11) 
Residential care/assisted-living facilities. The special permit shall not be issued or renewed for a period longer than one year.
[Added 12-18-2002, approved 12-23-2002]
C. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Customary home occupations, subject to the requirements of § 405-9C(2).
(3) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to the residential use of the premises, shall be subject to the requirements of § 405-9C(4).
(4) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(5) 
Nonilluminated signs in accordance with the requirements of § 405-36.
(6) 
Fences, hedges or garden walls limited as in § 405-9C(8).
D. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter. The only distinctions between R-4 and R-5 Districts are permitted density and height.
In the R-6 Multiple Residence District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from the Planning Board in accordance with § 405-30.)
A. 
Uses permitted by right. A building may be erected, constructed, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
*One-family dwellings, not to exceed one such dwelling on each lot.
(2) 
*Two-family dwellings.
(3) 
*Three-family dwellings.
(4) 
Dwellings for four or more families, including townhouses, in addition to the provisions of the Lot and Bulk Schedule and § 405-30, Site development plan approval, and such uses shall be subject to the restrictions in § 405-13A(4).
(5) 
Cemeteries.
(6) 
Places of worship, including parish houses and religious school buildings, and public and private schools and children's homes on land not less than five acres in size, including uses customarily accessory thereto, subject to the requirements of § 405-13A(7).
(7) 
General hospitals, nursing homes and convalescent homes meeting the requirements of the county or state agency having jurisdiction, intended primarily for the care and treatment of residents of the City of Kingston and adjacent municipalities, subject to the requirements of § 405-9A(4).
[Amended 12-18-2002, approved 12-23-2002]
B. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Professional offices and/or restaurants within a residential structure, limited as follows:
(a) 
Not more than two floors in parts thereof may be used for such purposes.
(b) 
Such uses shall be accessible by means other than a public hall leading to residential uses.
(c) 
Not more than 1/3 of the floor space of a structure may be used for such purposes.
(d) 
Restaurants shall have a minimum service area of 1,000 square feet.
(e) 
Drive-in restaurants or restaurants that provide window service or restaurants that have only counter service are not permitted.
(2) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas and other similar devices, subject to the requirements of § 405-13B(1).
(3) 
Rooming houses and boardinghouses subject to the requirements of § 405-12B(2).
(4) 
Nursery or preschool educational establishments, or day-care centers, subject to the requirements of § 405-9B(3).
(5) 
Libraries, museums and/or art galleries on lots having an area of 10,000 square feet.
(6) 
Golf, tennis or swimming clubs, subject to the requirements of § 405-9B(5).
(7) 
Annual membership clubs, other than golf, tennis or swimming clubs, incorporated pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, catering exclusively to members and their guests, and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, subject to the requirements of § 405-10B(6).
(8) 
Family day-care homes authorized by the New York State Department of Social Services.
(9) 
Agency group homes, agency community residences, intermediate care facilities or family care homes, adult care facilities and emergency shelters, subject to the requirements of § 405-9B(7).
(10) 
Renting out of not more than two rooms by resident families, provided that no sign advertising the availability of such rooms shall be displayed.
(11) 
Adult day-care centers.
[Added 9-13-1988; approved 9-16-1988]
(12) 
Residential care/assisted-living facilities. The special permit shall not be issued or renewed for a period longer than one year.
[Added 12-18-2002, approved 12-23-2002]
C. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Customary home occupations, subject to the requirements of § 405-9C(2).
(3) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to the residential use of the premises and subject to the requirements of § 405-9C(4).
(4) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(5) 
Nonilluminated signs in accordance with the requirements of § 405-36.
(6) 
Fences, hedges or garden walls limited as in § 405-9C(8).
D. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the NB Neighborhood Commercial District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval in accordance with § 405-30.)
A. 
Purpose. The purpose of this district is to permit and limit the location of businesses and services that are designed to serve day-to-day recurring needs of residents in the immediate vicinity.
B. 
Uses permitted by right. A building may be erected, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
Retail stores limited to the sale of groceries, sundries, printed material and packaged beverages, with a maximum of 8,000 square feet of selling space. Such stores shall be permitted to operate only between 6:00 a.m. and 11:00 p.m.
(2) 
Banks, including drive-in windows.
(3) 
Personal service stores, such as, but not limited to, barbershops, beauty parlors, tailors and dry-cleaning stores, provided that no dry cleaning is done on the premises.
(4) 
Residences when combined with another permitted use or special permit use, provided that a separate entrance is provided for the section of a structure devoted to residential uses.
(5) 
Places of worship, including parish houses and religious school buildings, including uses customarily accessory thereto, subject to the requirements of § 405-9A(3).
(6) 
Laundry establishments.
[Added 4-4-1989; approved 4-5-1989]
C. 
The following uses are subject to issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas and other similar devices, provided that the establishment of the particular use in the area is necessary for the operation of the utility system or required to supply utility service to the local area .
(2) 
Nursery schools or preschool educational establishments or day-care centers, subject to the requirements of § 405-9B(3).
(3) 
Funeral parlors.
(4) 
Public or quasi-public community centers, including meeting rooms, recreation facilities, counseling and similar services.
(5) 
Libraries, museums and art galleries.
(6) 
Art or craft studios or studios for teaching the performing arts, provided that where there is music, any classes or group work must be concluded by 8:00 p.m.
(7) 
A business or professional office, where such use is scaled primarily to serve the immediate neighborhood.
(8) 
An annual membership club in accordance with § 405-10B(6).
(9) 
Renting out of not more than two rooms by resident families, provided that no sign advertising the availability of such rooms shall be displayed.
(10) 
Adult day-care centers.
[Added 9-13-1988; approved 9-16-1988]
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Customary home occupations, other than those uses otherwise permitted in this district, subject to the requirements of § 405-9C(2).
(3) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to the primary use of the premises, subject to the requirements of § 405-9C(4).
(4) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(5) 
Nonilluminated signs in accordance with the requirements of § 405-36.
(6) 
Fences, hedges or garden walls limited as in § 405-9C(8).
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the C-1 Shopping Center District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from the Planning Board in accordance with § 405-30.)
A. 
Purpose of district. It is the intent of this district to provide for a range of commercial uses in large, planned units at a low density.
B. 
Uses permitted by right. A building may be erected, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
Retail stores.
(2) 
Banks, including drive-in windows.
(3) 
New or used automobiles sales establishments.
(4) 
Service businesses, such as, but not limited to, barbershops, beauty parlors, tailors and custom dressmakers, jewelry repair, shoe repair, travel agents, appliance repair, duplicating businesses and job printing establishments having not more than 10 persons employed therein.
(5) 
Business, professional and governmental offices.
(6) 
Automotive service establishments, auto rental, gasoline filling stations and incidental motor vehicle storage, repair or service. Where vehicles are stored for repair, they must have a valid registration and may remain for only one week.
(7) 
Theaters and assembly halls; commercial recreation such as ice skating, bowling alleys and billiard halls; and restaurants.
(8) 
Outlets and pickup stations for laundries and cleaning establishments dealing directly with the public. Except as specified hereinafter, the washing of wearing apparel on the premises is prohibited. Cleaning of wearing apparel or household effects on the premises is permitted only if noncombustible solvent is used, except for the incidental removal of spots with combustible solvent, and only if not more than five horsepower in electric motive power is used. Self-service automatic laundry establishments are permitted, provided that such establishment shall contain not more than a total of 30 machines used for clothes washing or drying.
(9) 
A newspaper plant, including incidental publishing.
(10) 
Art or craft studios or studios for teaching the performing arts.
(11) 
Funeral parlors.
(12) 
Libraries, museums and art galleries.
(13) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed are to be sold at retail, exclusively on the premises, provided that:
(a) 
An area fully concealed from all streets and equal to not more than 20% of the area devoted to retail sales is so used.
(b) 
Except in connection with newspaper printing, electrical power not exceeding a total of 10 horsepower in electric motive power shall be used exclusively, except that an installation of 10 horsepower or less using fuel other than electricity may be used upon a finding by the Fire Chief or his designee that said installation shall be free of nuisance characteristics and will have no adverse effect on neighboring uses.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
(c) 
Not more than 10 persons are engaged in such production, handling or processing.
(14) 
Public and private off-street parking lots and parking garages. Unless accessory to and on the same lot with a use otherwise permitted, such garages and parking lots shall be limited to use by passenger automobiles exclusively.
C. 
The following uses are subject to issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas and similar devices.
(2) 
Hospitals for the care and treatment of human beings.
(3) 
Hotels (including rooming houses and boardinghouses), motels and clubs without restrictions as to general use and commercial activities.
(4) 
Amusement game arcades, provided that:
(a) 
It shall be located at least 1,500 feet from school buildings, school playgrounds and church buildings.
(b) 
If combined with other uses, it shall be located in a separate room and separated from other uses on the premises and from pedestrian circulation to and from such other uses. The room shall be arranged so that there is a management attendant within the room or such that management attendants outside the room can easily see and supervise the interior of the room.
(c) 
Adequate space shall be provided for each machine so as to allow its use without overcrowding. A minimum width of two feet shall be provided per machine where the machine is designed for use by one player and 3 1/2 feet where the machine is designed for use by two players. The depth of the space in front of the machine shall be at least five feet and there shall be a minimum aisle width beyond this five feet of an additional three feet.
(d) 
All code requirements shall also be complied with.
(e) 
Off-street parking, in addition to that otherwise required for the uses on the premises, shall be provided in the amount of one space per two amusement game machines.
(f) 
Readily visible signs shall be installed, with their location, size and text shown in the plans submitted to the Planning Board, indicating that the use of machines by persons under 16 years of age shall not be permitted during normal school hours and, where the premises are used primarily for the serving or consumption of liquor, that the use of amusement machines by persons under the age of 19 is prohibited at all times.
(5) 
Adult use establishments.[1]
[Added 8-6-1996; approved 8-12-1996]
[1]
Editor's Note: See § 405-46.1, Adult uses.
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Signs in accordance with requirements of § 405-36.
(3) 
Fences, hedges or garden walls limited as in § 405-9C(8).
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the C-2 Central Commercial District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from the Planning Board in accordance with § 405-30.)
A. 
Purpose. The purpose of this district is to provide for and encourage a variety of retail businesses, business and professional offices, service businesses, entertainment and cultural establishments and related activities such as parking and pedestrian spaces, all designed to serve the City and the region; to encourage the concentration of retail and service uses to achieve continuity of frontage devoted to such purposes which will strengthen and complement one another. Further, it is a purpose of this district to protect the major public investment made and to be made toward revitalization of the business area, a vital part of the City's tax base, by conserving the value of land and buildings and conserving Kingston's historical heritage.
B. 
Uses permitted by right. A building may be erected, altered, arranged, designed or used, and a lot of premises may be used, for any of the following purposes by right and for no other:
(1) 
Retail stores.
(2) 
Banks, including drive-in windows.
(3) 
Service businesses, such as, but not limited to, barbershops, beauty parlors, tailors and dry-cleaning stores, custom dressmakers, jewelry repair, shoe repair, travel agents, auto rental offices, appliance repair and duplicating businesses and job printing establishments having not more than 10 persons engaged therein.
(4) 
Business, professional and governmental offices.
(5) 
Theaters and assembly halls.
(6) 
Restaurants.
(7) 
Art or craft studios or studios for teaching the performing arts.
(8) 
Libraries, museums and art galleries.
(9) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed are to be sold at retail, exclusively on the premises, in accordance with the requirements of § 405-16B(13).
(10) 
Public and private off-street parking lots and parking garages. Unless accessory to and on the same lot with a use otherwise permitted, such garages and parking lots shall be limited to use by passenger automobiles exclusively.
C. 
The following uses are subject to issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas and similar devices.
(2) 
Hospitals for the care and treatment of human beings.
(3) 
Hotels, motels (including rooming houses and boardinghouses) and uses accessory thereto, including restaurants and swimming pools.
(4) 
Clubs without restrictions as to general use and commercial activities.
(5) 
Automotive service establishments, gasoline filling stations and incidental motor vehicle storage and repair or service. Where vehicles are stored for repair, they must have a valid registration and may not remain for more than one week.
(6) 
Amusement game arcades in accordance with the requirements of § 405-16C(4).
(7) 
Drinking establishments.
(8) 
Adult use entertainments.[1]
[Added 8-6-1996; approved 8-12-1996]
[1]
Editor's Note: See § 405-46.1, Adult uses.
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Signs in accordance with requirements of § 405-36.
(3) 
Fences, hedges or garden walls limited as in § 405-9C(8).
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the C-3 General Commercial District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from Planning Board in accordance with § 405-30.)
A. 
Purpose. The purpose of this district is to provide for a wide range of commercial and limited industrial uses along major arterials and to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as trucking and noise that are objectionable to residential areas and certain nonresidential areas. This district can accommodate less intensive development in areas where continuity of pedestrian-oriented frontage is not critical.
B. 
Uses permitted by right. A building may be erected, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
Retail stores.
(2) 
Banks, including drive-in windows.
(3) 
New or used automobile sales establishments.
(4) 
Service businesses, such as, but not limited to, barbershops, beauty parlors, tailors and custom dressmakers, jewelry repair, shoe repair, travel agents, appliance repair, duplicating businesses and job printing establishments.
(5) 
Business, professional and governmental offices.
(6) 
Automotive services establishments, auto rental, gasoline filling stations and incidental motor vehicle storage, repair or service. Where vehicles are stored for repair, they must have a valid registration and may remain for only one week.
(7) 
Theaters; assembly halls; commercial recreation, such as ice skating, bowling alleys and billiard halls; and restaurants.
(8) 
Laundries and cleaning establishments.
(9) 
Newspaper plants, including incidental publishing.
(10) 
Art or craft studios or studios for teaching the performing arts.
(11) 
Funeral parlors.
(12) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed are to be sold at retail, exclusively on the premises, in accordance with the provisions of § 405-16B(13).
(13) 
Research laboratories.
(14) 
Storage or repair garages.
(15) 
New or used trailer sales.
(16) 
Wholesale storage, distribution and warehousing facilities, including the sale or storage of food and building materials, but excluding secondhand lumber and junkyards, automobile dismantling plants or the storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles.
(17) 
Public and private off-street parking lots and parking garages. Unless accessory to and on the same lot with a use otherwise permitted, such garages and parking lots shall be limited to use by passenger automobiles exclusively.
(18) 
Building, plumbing and electrical contractors.
[Added 6-6-1989; approved 6-8-1989]
C. 
The following uses are subject to issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas and similar devices.
(2) 
Hospitals for the care and treatment of human beings.
(3) 
Membership clubs without restrictions as to general use and commercial activities.
(4) 
Hotels or motels (including rooming houses or boardinghouses) and uses accessory thereto, including restaurants and swimming pools.
(5) 
Animal hospitals, provided that no building, runway or exercise pen is located within 200 feet of any residence district boundary or within 50 feet of any street line; and provided, further, that any animals shall be kept within fully enclosed buildings between the hours of 8:00 p.m. and 8:00 a.m.
(6) 
A car wash.
(7) 
Amusement game arcades in accordance with requirements of § 405-16C(4).
(8) 
Drinking establishments.
(9) 
Auctions.
[Added 7-12-1988; approved 7-14-1988[1]]
[1]
Editor's Note: This ordinance also provided that the special permit be renewable every two years.
(10) 
Adult use entertainments.[2]
[Added 8-6-1996; approved 8-12-1996]
[2]
Editor's Note: See § 405-46.1, Adult uses.
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Signs in accordance with requirements of § 405-36.
(3) 
Fences, hedges or garden walls limited as in § 405-9C(8).
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the RT Rondout District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval in accordance with § 405-30.)
A. 
Purpose of district. The purpose of the Rondout District is to permit and encourage the use, rehabilitation and adaptation of existing structures in this unique area in accord with their original character; to apply current standards for use, parking, height, yards, etc., only when or in a way that they can be met without undue difficulty or where essential to the public welfare; and to ensure that new construction will be compatible with the established character of existing development in the district. Further, it is recognized that the nature of existing buildings, lot layout, topography and other physical features in the district are such that adherence to rigid regulations may prove difficult. Therefore, procedures to permit appropriate flexibility of development have been established.
B. 
Uses permitted by right. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right in each of the two subareas designated, subject to the conditions established.
(1) 
Broadway/West Strand area. Buildings existing as of the date of adoption of this chapter, as well as buildings subsequently erected, which have direct frontage on Broadway between Spring Street and Dock Street and on the West Strand may be used for the following purposes and no other:
(a) 
Permitted first-floor uses. Only the following uses shall be permitted on the first floor of any structure:
[1] 
Retail stores and banks.
[2] 
Personal service establishments, such as, but not limited to, barbershops, tailors and laundries.
[3] 
Professional, governmental and business offices.
[4] 
Libraries, museums and art galleries.
[5] 
Restaurants.
[6] 
Theaters, dance and art studios, membership clubs and other places of assembly.
[7] 
Assembling, finishing, processing or producing of goods to be sold at retail, primarily on the premises, such as, but not limited to, bakeries, leather goods, picture framing and jewelry making.
(b) 
Permitted uses on other floors. Only the following uses shall be permitted on floors above the first floor of any structure:
[1] 
Any use permitted under Subsection B(1)(a)[2], [3], [4], [5], [6] and [7] as set forth above.
[2] 
Residential dwelling units which have separate bathroom and kitchen facilities within each unit for the exclusive use of the occupant. Such dwelling units shall not be located on the same floor as or any floor below any other permitted use.
(2) 
Remainder of district. New and existing buildings may be used for the following purposes and no other:
(a) 
One-, two- or three-family dwellings.
(b) 
The professional office, studio or home occupation of a resident of the building, if limited to no more than 30% of the floor area of the building and employing no more than one nonresident.
(c) 
Places of worship, including parish houses and religious school buildings, and public and private schools, including uses customarily accessory thereto, subject to the requirements of § 405-9A(3).
C. 
The following uses are permitted, subject to the issuance of a special permit by the Planning Board in accordance with provisions of § 405-32 of this chapter, in those parts of the district outside of the Broadway/West Strand area as defined in Subsection B(1) above. Such permit shall only be issued, including any specific conditions as may be deemed appropriate, upon a finding by the Planning Board that the proposed use will be compatible with the adjacent neighborhood in terms of the building location, design, scale and color; the affect of traffic generated by the use; and, in the case of an existing building, the nature of any exterior modifications to the building and the suitability of the building for the proposed use.
(1) 
The use of an existing structure for the uses and in the manner described in Subsection B(1) above, Broadway/West Strand Area. The Planning Board shall only issue such permit if it determines that, in addition to complying with the standards set forth above, the building was originally designed to accommodate a nonresidential use or is located on one of the following street segments: Abeel Street, between Wurts and Hone Street, and Wurts Street, between Abeel and Hunter.
(2) 
The conversion of an existing building to accommodate more than three dwelling units.
(3) 
The construction of a new building to accommodate more than three dwelling units.
(4) 
Uses not fully enclosed in a structure, such as marinas or outdoor markets, but excluding outdoor storage or automobile repairs.
(5) 
Accessory apartments in accordance with the provisions of § 405-9B(9).
(6) 
Renting out of not more than two rooms by resident families, provided that no sign advertising the availability of such rooms shall be displayed.
(7) 
Drinking establishments.
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Signs in accordance with the requirements of § 405-36.
(3) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to a permitted or special permit use and subject to the requirement of § 405-9C(4).
(4) 
Keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(5) 
Fences, hedges or garden walls limited as in § 405-9C(8).
E. 
Building permit referral. Prior to the issuance of a building permit for new construction, demolition of an existing building or modification to the exterior of an existing building, the application for such permit shall be referred to the Kingston Landmark Preservation Commission. The purpose of such referral is to elicit timely advice and comments, if any, from this body concerning the impact of the proposed action on the character of the surrounding area. Such comments, including any recommended modifications to the proposal, shall be considered advisory only and shall not be binding on the applicant. The Building Safety Officer shall refer such application to the Kingston Landmark Preservation Commission within five days of receipt and shall not issue a building permit for at least 30 days thereafter, unless comments have been received from that body. This referral shall not in any way replace or eliminate the requirements for referral or approval as set forth elsewhere in these regulations.
[Amended 8-2-1988, approved 8-5-1988; 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
F. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the M-1 Light Manufacturing District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses require site plan approval from the Planning Board in accordance with the provisions of § 405-30.)
A. 
Purpose. The purpose of this district is to provide areas for a wide range of industrial activity that conforms to a high level of performance standards, that can be located in close proximity to residential, institutional and commercial areas without objectionable influence and that can serve as a buffer in some cases between more objectionable industrial activities and residential and/or certain commercial areas.
B. 
Uses permitted by right. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
Office buildings for business and professional offices.
(2) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing and incidental storage of products or materials, provided that only oil, gas or electricity is used as a fuel, except that an installation using other fuel may be used upon a finding by the Fire Chief or his designee that such installation shall be free of nuisance characteristics and will have no adverse effect on neighboring uses.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
(3) 
Research design and development laboratories.
(4) 
Buildings, plumbing and electrical contractors.
(5) 
Wholesale storage distribution and warehousing facilities.
(6) 
Restaurants and drinking establishments.
(7) 
Animal hospitals and the boarding and/or breeding of animals, provided that no outdoor runs shall be permitted within 200 feet of any residence district boundary; and provided, further, that all animals shall be kept within fully enclosed buildings between the hours of 8:00 p.m. and 8:00 a.m.
(8) 
Automobile repair and motor vehicle service stations.
C. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter.
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations and other utility installation and disc antennas and similar devices.
(2) 
Auctions.
[Added 7-12-1988; approved 7-14-1988[1]]
[1]
Editor's Note: This ordinance also provided that the special permit be renewable every two years.
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34. If off-street parking is indoors, it shall be underground or as a part of the main building.
(2) 
Signs in accordance with the requirements of § 405-36.
(3) 
Fences, hedges or garden walls limited as in § 405-9C(8).
(4) 
Open storage in accordance with the requirements of § 405-39.
(5) 
Clinics, cafeterias and recreational facilities for the exclusive use of company employees and officers.
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the M-2 General Manufacturing District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses require site plan approval from the Planning Board in accordance with the provisions of § 405-30.)
A. 
Purpose. The purpose of this district is to provide opportunities for industrial and related activities which are not likely to meet the high performance standards of the M-1 District and which involve a heavy dependence upon trucks and potentially noisy or otherwise objectionable industrial activity.
B. 
Uses permitted by right. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
Office buildings for business and professional offices.
(2) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing and incidental storage of products or materials, provided that only oil, gas or electricity is used as a fuel, except that an installation using other fuel may be used upon a finding by the Fire Chief or his designee that such installation shall be free of nuisance characteristics and will have no adverse effect on neighboring uses.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
(3) 
Research development and design laboratories.
(4) 
Building, plumbing and electrical contractors.
(5) 
Wholesale storage, distribution and warehousing facilities, including facilities for storage of petroleum products and coal.
(6) 
Restaurants and drinking establishments.
(7) 
Animal hospitals and the boarding and/or breeding of animals, provided that no outdoor runs shall be permitted within 200 feet of any residence district boundary; and provided, further, that all animals shall be kept within fully enclosed buildings between the hours of 8:00 p.m. and 8:00 a.m.
(8) 
Automobile repair and motor vehicle service stations.
C. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter.
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations and other utility installations and disc antennas and similar devices.
(2) 
Outdoor storage within M-2 General Manufacturing Districts will be a use subject to the issuance of a special permit by the Planning Board.
[Added 4-14-1992; approved 4-15-1992]
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Signs in accordance with requirements of § 405-36.
(3) 
Fences, hedges or garden walls limited as in § 405-9C(8).
(4) 
Open storage in accordance with the requirements of § 405-39.
(5) 
Clinics, cafeterias and recreation facilities for the exclusive use of company employees and officers.
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the O-1 Limited Office District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses require site plan approval from the Planning Board in accordance with the provisions of § 405-30 of this chapter.)
A. 
Purpose. The purpose of this district is to provide opportunities for the location of business and professional offices and various accessory and supporting uses in areas that are not necessarily appropriate for either residential or commercial activity, where such office and related activities can be established in an attractive environment and also serve as a transition between other uses.
B. 
Uses permitted by right. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
Business and professional offices.
(2) 
Truck and freight terminals.[1]
[1]
Editor's Note: Former Subsection B(10), which provided for the removal of accumulated storage of junk, and which immediately followed this subsection, was repealed 4-14-1992, approved 4-15-1992.
C. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations and other utility installations and disc antennas and similar devices, provided that it is clearly demonstrated that the establishment of the particular use in the area is necessary for the operation of the public utility system or required to provide utility service to the local area.
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with requirements of § 405-34.
(2) 
Incidental research, design and development laboratories.
(3) 
Clinics, cafeterias and recreational facilities for the exclusive use of employees and officers.
(4) 
Signs in accordance with requirements of § 405-36.
(5) 
Fences, hedges or garden walls limited as in § 405-9C(8).
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the O-2 Limited Office District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those marked with an asterisk, require site plan approval from the Planning Board in accordance with the provisions of § 405-30 of this chapter.)
A. 
Purpose. The purpose of this district is to provide flexibility in the approach to development in certain areas that adjoin business districts or major arterials by permitting office, residential and/or mixed-use development.
B. 
Uses permitted by right. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
Business and professional offices.
(2) 
*One-family dwellings, not to exceed one such dwelling on each lot.
(3) 
*Two-family dwellings.
(4) 
*Three-family dwellings.
(5) 
Dwellings for four or more families, including townhouses. In addition to the provisions of Lot and Bulk Schedule[1] and § 405-30, Site development plan approval, such uses shall be subject to the restrictions included in § 405-13A(4).
[1]
Editor's Note: The Lot and Bulk Schedule is included at the end of this chapter.
(6) 
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and, without limitation, any other governmental use of the City of Kingston.
(7) 
Cemeteries.
(8) 
Places of worship, including parish houses and religious school buildings, and public and private schools and children's homes on land not less than five acres in size in accordance with the provisions of § 405-13A(7).
(9) 
General hospitals, nursing homes and convalescent homes meeting the requirements of the county and state agency having jurisdiction, intended primarily for the care and treatment of residents of the City of Kingston and adjacent municipalities, subject to the requirements of § 405-9A(4).
[Amended 12-18-2002, approved 12-23-2002]
(10) 
Mixed-use buildings. Buildings with mixed uses are subject to the following requirements:
(a) 
All lot and bulk and parking requirements for each use shall be satisfied.
(b) 
Separate entrances and exits shall be provided for residential and nonresidential portions of the building.
(11) 
Funeral homes.
[Added 4-27-1993 by L.L. No. 2-1993; approved 4-28-1993]
C. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas and similar devices, provided that the establishment of the particular use in the area is necessary for the operation of the public utility system or required to supply utility service to the local area.
(2) 
Rooming houses and boardinghouses, subject to the requirements of § 405-12B(2).
(3) 
Nursery or preschool educational establishments or day-care centers, subject to the requirements of § 405-9B(3).
(4) 
Libraries, museums and/or art galleries, provided that no building is erected nearer than 25 feet to any street or property line.
(5) 
Golf, tennis or swimming clubs, subject to the requirements of § 405-9B(5).
(6) 
Annual membership clubs, other than golf, tennis or swimming clubs, incorporated pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, catering exclusively to members and their guests, and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, subject to the requirements of § 405-10B(6).
(7) 
Family day-care homes authorized by the New York State Department of Social Services.
(8) 
Agency group homes, agency community residences, intermediate-care facilities or family care homes, and adult care facilities, subject to the requirements of § 405-9B(7).
[Amended 6-5-2001; approved 6-11-2001]
(9) 
Accessory apartments in accordance with § 405-9B(9).
(10) 
Adult day-care centers.
[Added 9-13-1988; approved 9-16-1988]
(11) 
Emergency shelters, subject to the requirements of § 405-46.3.
[Added 6-5-2001; approved 6-11-2001]
(12) 
Residential care/assisted-living facilities. The special permit shall not be issued or renewed for a period longer than one year.
[Added 12-18-2002, approved 12-23-2002]
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the provisions of § 405-34.
(2) 
Incidental research, design and development laboratories.
(3) 
Clinics, cafeterias and recreational facilities for the exclusive use of employees and officers.
(4) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to the residential use of the premises, shall be subject to the requirements of § 405-9C(4).
(5) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(6) 
Signs in accordance with the requirements of § 405-36.
(7) 
Fences, hedges or garden walls limited as in § 405-9C(8).
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
[Added 6-5-2001; approved 6-11-2001]
In the O-3 Limited Office District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those marked with an asterisk, require site plan approval from the Planning Board in accordance with the provisions of § 405-30 of this chapter.)
A. 
Purpose. The purpose of this district is to provide flexibility in the approach to development in certain areas that are predominantly commercial/office but will accommodate mixed uses such as commercial, office and multifamily residential in nature while maintaining the predominant use of the area.
B. 
Uses permitted by right. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used for any of the following purposes by right and for no other:
(1) 
Three-family residential.
(2) 
Business and professional offices.
(3) 
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and, without limitation, any other governmental use of the City of Kingston.
(4) 
Places of worship, including parish houses and religious school buildings, and public and private schools and children's homes on land not less than five acres in size in accordance with the provisions of § 405-13A(7).
(5) 
Retail stores and banks.
(6) 
Personal service establishments, such as, but not limited to, barbershops, tailors and laundries.
(7) 
Professional, governmental, and business offices.
(8) 
Libraries, museums, and art galleries.
(9) 
Restaurants.
(10) 
Theaters, dance and art studios, membership clubs, and other places of assembly.
(11) 
Assembling, finishing, processing or producing of goods to be sold at retail, primarily on the premises, such as, but not limited to, bakeries, leather goods, picture framing and jewelry making.
(12) 
Hotels or motels and uses accessory thereto, including restaurants and swimming pools.
C. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Dwellings for four or more families, including townhouses. In addition to the provisions of Lot and Bulk Schedule[1] and § 405-30, Site development plan approval, such uses shall be subject to the restrictions included in § 405-13A(4).
[1]
Editor's Note: The Lot and Bulk Schedule is included at the end of this chapter.
(2) 
General hospitals, nursing homes, convalescent homes and residential care/assisted-living facilities, meeting the requirements of the county and state agency having jurisdiction, intended primarily for the care and treatment of residents of the City of Kingston and adjacent municipalities, subject to the requirements of § 405-9A(4). A special permit for a residential care/assisted-living facility shall not be issued or renewed for a period longer than one year.
[Amended 12-18-2002, approved 12-23-2002]
(3) 
Animal hospitals, provided that no building, runway or exercise pen is located within 200 feet of any residence district boundary or within 50 feet of any street line; and provided, further, that any animals shall be kept within fully enclosed buildings between the hours of 8:00 p.m. and 8:00 a.m.
(4) 
Drinking establishments.
(5) 
Rooming houses and boardinghouses subject to the requirements of § 405-12B (2).
(6) 
Nursery or preschool educational establishments or day-care centers, subject to the requirements of § 405-9B(3).
(7) 
Libraries, museums, and/or art galleries on lots having an area of 20,000 square feet, provided that no building is erected nearer than 25 feet to any street or property line.
(8) 
Golf, tennis, or swimming clubs, subject to the requirements of § 405-9B(5).
(9) 
Annual membership clubs, other than golf, tennis or swimming clubs, incorporated pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, catering exclusively to members and their guests, and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, subject to the requirements of § 405-10B(6).
(10) 
Family day-care homes authorized by the New York State Department of Social Services.
(11) 
Agency group homes, agency community residences, intermediate care facilities or family care homes, and adult care facilities subject to the requirements of § 405-9B(7).
(12) 
Emergency shelters subject to the requirements of § 405-46.3.
(13) 
Adult day-care centers.
(14) 
Mixed use buildings. Buildings with mixed uses are subject to the following requirements:
(a) 
All lot and bulk and parking requirements for each use shall be satisfied.
(b) 
Separate entrances and exits shall be provided for residential and nonresidential portions of the buildings.
(c) 
Uses allowed shall be from those listed under § 405-23.1B, C, and D.
(15) 
Manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing of products where goods so produced or processed are to be sold at retail, exclusively on the premises, in accordance with requirements of § 405-16B(13).
D. 
Accessory uses shall be limited to the following:
(1) 
Off-street parking in accordance with the requirements of § 405-34.
(2) 
Customary home occupations, subject to the requirements of § 405-9C(2).
(3) 
A professional office or studio of an architect, artist, public accountant, chiropractor, City planner, clergyman, dentist, electrologist, engineer, insurance broker, lawyer, musician, optometrist, osteopath, physician, real estate broker, surgeon or teacher, subject to the requirements of § 405-9C(3).
(4) 
A garden house, toolhouse, playhouse, greenhouse, or swimming pool, incidental to the residential use of the premises shall be subject to the requirements of § 405-9C(4).
(5) 
Private garages, including carports, for not more than three passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile.
(6) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(7) 
Nonilluminated signs in accordance with the requirements of § 405-36.
(8) 
Fences, hedges, or garden walls limited as in § 405-9C(8).
(9) 
Incidental research design and development laboratories.
(10) 
Clinics, cafeterias, and recreational facilities for the exclusive use of employees and officers.
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
In the RLC Residential  Limited Commercial Mixed-Use District, the following regulations shall apply. (See also Article V, Supplementary Regulations; all uses, except those with an asterisk, require site plan approval from the Planning Board in accordance with the provisions of § 405-30 of this chapter.)
A. 
Purpose. The purpose of this district is to provide flexibility in the approach to development in certain areas that are predominantly residential but which are historically mixed-use areas and may continue to accommodate mixed uses by permitting office, residential, limited business and/or mixed-use development.
B. 
Uses permitted by right. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
*One-family dwellings, not to exceed one such dwelling on each lot.
(2) 
*Two-family dwellings.
(3) 
*Three-family dwellings.
(4) 
Dwellings for four or more families, including townhouses. In addition to the provisions of the Lot and Bulk Schedule[1] and § 405-30, Site development plan approval, such uses shall be subject to the restrictions included in § 405-13A(4).
[1]
Editor's Note: The Lot and Bulk Schedule is included at the end of this chapter.
(5) 
Business and professional offices, provided that such development does not comprise more than 10% of the gross floor area on the lot.
(6) 
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and, without limitation, any other governmental use of the City of Kingston.
C. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
Banks.
(2) 
Retail sales, personal and business services, except gasoline stations and the sale of new or used motor vehicles and building supplies, provided that such uses do not constitute more than 10% of the gross floor area on the lot.
(3) 
Radio, television and other electronic transmission stations and towers and public utility transmission lines, unit substations or other utility installations and disc antennas and similar devices, provided that the establishment of the particular use in the area is necessary for the operation of the public utility system or required to supply utility service to the local area.
(4) 
Nursery or preschool educational establishments or day-care centers, subject to the requirements of § 405-9B(3).
(5) 
Libraries, museums and/or art galleries, provided that no building is erected nearer than 25 feet to any street or property line.
(6) 
Restaurants.
(7) 
Family day-care homes authorized by the New York State Department of Social Services.
(8) 
Agency group homes, agency community residences, intermediate-care facilities or family care homes, and adult care facilities, subject to the requirements of § 405-9B(7).
[Amended 6-5-2001; approved 6-11-2001]
(9) 
Accessory apartments in accordance with § 405-9B(9).
(10) 
Mixed-use buildings. Buildings with mixed uses are subject to the following requirements:
(a) 
All lot and bulk and parking requirements for each use shall be satisfied.
(b) 
Separate entrances and exits shall be provided for residential and nonresidential portions of the building.
(c) 
No nonresidential use shall be above a residential use.
(11) 
Adult day-care centers.
[Added 9-13-1988; approved 9-16-1988]
D. 
Accessory uses shall be limited to the following:
(1) 
Customary home occupations, subject to the requirements of § 405-9C(2).
(2) 
Off-street parking in accordance with provisions of § 405-34.
(3) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool, incidental to the residential use of the premises, shall be subject to the requirements of § 405-9C(4).
(4) 
The keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(5) 
Signs in accordance with the requirements of § 405-36.
(6) 
Fences, hedges or garden walls limited as in § 405-9C(8).
(7) 
Other customary accessory uses, structures or buildings, provided that such uses are clearly incidental to the primary use.
E. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter.
[Added 7-7-1992; approved 7-8-1992]
A. 
Purpose of districts. The purpose of the Riverfront District RF-R Rondout Creek and RF-H Hudson Riverfront District is to afford priority to water dependent uses, achieve public access to the coastal area, control development, create distinct Hudson River and Rondout Creek waterfront districts and to implement the policies and purposes of the City of Kingston Local Waterfront Revitalization Program. Further, it is the purpose of the districts to provide opportunities for permanent public views and access to the Hudson River and Rondout Creek and to encourage the phase out of certain uses which are incompatible with and detract from the Hudson River and Rondout Creek waterfront areas.
B. 
Uses permitted by right in the RF-R and RF-H Districts. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right and for no other:
(1) 
The manufacture, assembly or repair of marine products such as boats, sails and hardware. The open storage prohibition of § 405-30 (elimination of certain nonconforming uses) shall not apply here.
(2) 
Charter boat operation.
(3) 
Mariculture and aquaculture activities.
(4) 
Fishing/marine supply stores.
(5) 
Wholesale and retail fish stores.
(6) 
Community centers when part of coastal public access, urban cultural park or recreational access.
(7) 
Municipal parks, playgrounds and beaches.
(8) 
Scientific, historic, artistic and educational activities and uses which, by their nature, require access to coastal waters.
(9) 
Structures needed for navigational purposes.
C. 
Zoning use incentives.
(1) 
In order to recognize that the Kingston waterfront area is attractive for a variety of uses which are not water dependent while at the same time achieving the goals of the Kingston Local Waterfront Revitalization Program, the following uses are allowed in the RF-R Rondout Creek District and RF-H Hudson Riverfront District by special permit whenever the owner dedicates meaningful, permanent public access along and where appropriate, across the property to the dry shore area. The Planning Board shall have the authority to waive the requirement to provide meaningful permanent public access when the property does not have direct water frontage. Further, any of the uses permitted by right as listed in Subsection B above may be allowed in conjunction with any of the uses listed below:
[Amended 10-3-2000; approved 10-13-2000]
(a) 
Restaurants.
(b) 
Hotels and bed-and-breakfasts.
(c) 
Retail stores.
(d) 
Offices.
(e) 
Dwellings for one or more families, including townhouses in accordance with provisions of the Lot and Bulk Schedule, and § 405-30, Site development plan approval. Such uses shall be subject to the restriction in § 405-13A(4). Further, any of the uses permitted by right as listed in Subsection B above may be allowed in conjunction with this use.
(2) 
"Meaningful, permanent public access" is defined as safe and unobstructed access to and along the dry, nontidal or nonsubmerged shore areas for all members of the public to attempt to provide a continuous public access system to and along the waterfront and/or public rights-of-way. Such access shall be in the form of a permanent easement or the granting of fee title to the City of Kingston. Access may be regulated by reasonable conditions in a management plan submitted by the applicant and approved by the Planning Board as part of the final site plan approval.
D. 
Special permit uses. The following uses are permitted in both the RF-R Rondout Riverfront District and the RF-H Hudson Riverfront District subject to the issuance of a special permit by the Planning Board, in accordance with provisions of § 405-32 of this chapter:
(1) 
Annual membership clubs other than tennis, marinas or swimming clubs, incorporated pursuant to the provisions of the Not-For-Profit Corporation Law of the State of New York, catering exclusively to members and their guests and private playgrounds, swimming pools, tennis courts and recreation buildings not conducted as business enterprises, subject to the requirements of § 405-10B(6). Such clubs shall not contain transient or permanent dwelling units.
(2) 
Mass transit. Historic and/or alternative modes of transport; structures that facilitate public access; and are set back from the waterfront.
(3) 
Flooding and erosion protective structures.
(4) 
Structures needed for public educational, recreational activities and boat launches.
(5) 
Marinas and related uses such as sale of marine supplies, services, fuel, equipment or annual membership clubs which are water dependent. The following standards shall apply to all new marina project proposals as well as projects for expansion of existing marinas:
(a) 
In general, all new marina proposals or expansion of existing marinas shall, as appropriate, include sufficient parking, parklike surroundings, toilet facilities, and marine pumpout facilities.
(b) 
In evaluating proposals for new marina construction, the City of Kingston will favor those proposals which involve alternative ways of providing for the needs of boaters. In order of preference, these alternatives are:
[1] 
Dry stack facilities with the minimum number of wet slips needed to provide efficient operation;
[2] 
Rehabilitation and alteration of existing marinas;
[3] 
Open water facilities;
[4] 
Upland basin marinas through excavation, provided that water quality and other environmental considerations can be maintained; or
[5] 
Any combination of these four approaches.
(c) 
The Planning Board shall require a secured bond or money in escrow that will be sufficient to hire an independent contractor to complete any conditions imposed or to effect any limitations or to restore the project area to its original condition in the event of a failure by the applicant to comply with the conditions or limitations of the special permit. The amount of bonds or escrow posted shall be as approved by the Planning Board.
(d) 
To the extent feasible, marina basins shall be designed for maximum tidal flushing and circulation due to both river/creek currents and the action of wind while maintaining safe levels of wave action within the protected basin. Minimum design criteria to promote a flushing include:
[1] 
Basin and channel depths shall not be deeper than the prevailing depths in the water body to which they connect.
[2] 
Basin and channel depths shall gradually increase toward open water or basin entrances.
[3] 
Openings shall be provided at the opposite ends of enclosed basins to establish flow-through circulation. Only one opening must be navigable. The other opening or openings shall be as large as practicable to promote circulation. Culverts or other enclosed conduits may be used in place of open channels.
[4] 
The configuration chosen shall minimize or prevent the formation of stagnant water zones that tend to collect debris or cause shoaling or flushing problems.
(e) 
Marinas shall be located in areas where minimal physical attributes required by marinas already exist and where minimal initial and subsequent maintenance dredging will be required. Such physical attributes include natural depths at or exceeding minimal navigable depths, low rates of sediment transport and sufficient tidal action to promote flushing. Dredging shall be limited to the minimum dimensions necessary for the project. The City may authorize dredging or other marina activities only on a seasonally restricted basis in the Rondout Significant Fish and Wildlife Habitat. Marinas shall not be permitted in areas that would require frequent maintenance dredging that would harm aquatic life or would prevent the relocation of benthic organisms. Such areas would include those which would require maintenance dredging more often than once every five years.
(f) 
Applicants must demonstrate that there is an adequate water supply to serve all of the projects needs.
(g) 
Sewage pumpout facilities shall be provided at new marinas and expansion of existing marinas at a minimum rate of one pumpout station for every 100 wet slips, or fraction thereof.
(h) 
Adequate rest room facilities for the exclusive use of marina patrons will be required to discourage any overboard discharge of sewerage from boats and to protect water quality. The number of toilets required for any given marina shall be determined by the nature and size of the marina and by its specific site locations.
(i) 
The applicant must demonstrate adequate capacity to properly dispose of or treat all sanitary wastes generated by the project.
(j) 
An ample number of signs must be provided to identify the location of public rest rooms and of pumpout facilities. Signs must also fully explain the procedures and rules governing the use of the pumpout facilities. Pumpout facilities shall be available to all boaters, regardless of whether they are patrons of the marina.
(k) 
Dedicated parking spaces shall be provided at a minimum rate of 0.60 spaces/slip plus whatever additional spaces are required for employees and required by this Code for separate retail activities on premises.
(l) 
Rainfall runoff becomes polluted with oils, greases, organic and inorganic wastes and other potentially harmful substances. It is the intent of the City of Kingston to limit, to the extent feasible, the introduction of these contaminants into the waters surrounding the City. Therefore, new parking areas shall utilize porous pavements or other approved measures to reduce rainfall runoff. New marina projects must incorporate best management practices in their design, including, but not limited to, the following:
[1] 
Maximize pervious land surface and vegetative cover to minimize stormwater runoff and to prevent polluted waters from reaching adjacent waters and wetlands. Direct runoff away from adjacent waters and wetlands to the extent feasible by site grading or other methods.
[2] 
Runoff from parking lot maintenance, fueling and washdown areas must be provided and treated in a manner that prevents oils, grease and detergents from reaching adjacent waters and wetlands. Accepted treatment methods include oil and grease filtering catch basins, retention areas and exfiltration systems.
(m) 
Trash receptacles shall be plentiful and convenient to encourage the proper disposal of trash and waste. A maximum spacing of 100 feet between receptacles shall be maintained on all piers and docks.
(n) 
The underwater positions of piers and docks, including piles, shall not be constructed using creosote-treated lumber.
(o) 
All marinas shall institute spill prevention emergency response plans. Automatic cutoffs for hoses in the event of an accident are mandatory.
E. 
Accessory uses in both the RF-R and RF-H Districts shall be limited to the following:
(1) 
Parking.
(a) 
Off-street parking in accordance with the requirements of § 405-34.
(b) 
No parking shall be located within 10 feet of the waterfront in the RF-R Rondout Creek District except where public access is provided and there it shall be 25 feet. No parking shall be located within 25 feet of the waterfront in the RF-H Hudson Riverfront District.
(2) 
Signs in accordance with the requirements of § 405-36.
(3) 
A garden house, toolhouse, playhouse, greenhouse or swimming pool incidental to a permitted or special use, subject to the requirements of § 405-9C(4).
(4) 
Keeping of customary household pets, but excluding the commercial breeding or keeping of the same.
(5) 
Fences, hedges or garden walls limited as in § 405-9C(8).
F. 
Lot and bulk requirements. All lot and bulk requirements for all districts are to be found in the schedule at the end of this chapter. The exceptions to these requirements are as follows:
(1) 
Bulk regulations. The following regulations shall apply to all construction within the RF-R Rondout Riverfront District:
(a) 
Building height and setback.
[1] 
No building or structure shall be erected within 10 feet of the Rondout Creek, Abeel Street or East Strand except for a marina building, fuel service building or dock, or a marina service building requiring direct connection to the waterfront to service boats. Such buildings shall not exceed 15 feet in height.
[2] 
No portion of a building or structure, other than a water dependent use, shall be erected from within 11 to 25 feet of the Rondout Creek and exceed 25 feet in height.
[3] 
No building or structure shall be erected to a height in excess of 35 feet (maximum 2 1/2 stories) from 25 to 100 feet of the Rondout Creek.
[4] 
Beyond 100 feet from the Rondout Creek, building height with structural parking within the building may be increased to a height of 42 feet (maximum of 3 1/2 stories) above grade. Further, maximum height shall in no case exceed 65 feet above mean high tide level. The maximum length of elevation parallel to the waterfront shall be reduced 25% if height is increased above the permitted height.
(2) 
Bulk regulations. The following regulations shall apply to all construction within the RF-H Hudson Riverfront District:
(a) 
Building height and setback.
[1] 
No building or structure shall be erected within 10 feet of the Hudson River or North Street, except for a marina building, fuel service building or dock, a marina service building requiring direct connection to the waterfront to service boats. Such building shall not exceed 15 feet in height.
[2] 
No portion of a building or structure, other than a water dependent use, shall be erected from within 11 to 50 feet of the Hudson River and exceed 25 feet in height.
[3] 
No building or structure shall be erected to a height in excess of 42 feet (maximum 3 1/2 stories) from 50 feet to within 100 feet of the Hudson River.
[4] 
Beyond 100 feet from the Hudson River, building height with structural parking within the building may be increased to a height of 55 feet above grade. Further, maximum height should in no case exceed 65 feet above mean high tide level.
[5] 
"Height" shall be defined as the vertical distance from grade to the level of the highest point of the roof if the roof is flat or mansard, or to the mean level between the eaves and the highest point of the roof if the roof is of any other type. Where the roofs are of varying height, the arithmetic average height of the roofs shall be used.
(b) 
Floor area ratio (FAR). When a FAR applies to construction within this district, area devoted to structured parking shall not be regarded as contributing to the total floor area.
[1]
Editor's Note: See also the proposed map of districts.
[Amended 8-4-1987, approved 8-10-1987; 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 8-4-2009 by L.L. No. 8-2009, approved 8-13-2009
A. 
Findings. The Common Council of the City of Kingston finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the City of Kingston and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this section is adopted.
B. 
Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) 
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) 
Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
(4) 
Control filling, grading, dredging and other development which may increase erosion or flood damages;
(5) 
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
(6) 
Qualify for and maintain participation in the National Flood Insurance Program.
C. 
Objectives. The objectives of this section are to:
(1) 
Protect human life and health;
(2) 
Minimize expenditure of public money for costly flood control projects;
(3) 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) 
Minimize prolonged business interruptions;
(5) 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(6) 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7) 
Provide that developers are notified that property is in an area of special flood hazard; and
(8) 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
D. 
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
APPEAL
A request for a review of the local administrator's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this section, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below ground level) on all sides.
BUILDING
See "structure."
CELLAR
Has the same meaning as "basement."
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING
A nonbasement building (i) built, in the case of a building in Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
FEDERAL EMERGENCY MANAGEMENT AGENCY
The federal agency that administers the National Flood Insurance Program.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "flood elevation study."
(1) 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) 
The overflow of inland or tidal waters;
(b) 
The unusual and rapid accumulation or runoff of surface waters from any source.
(2) 
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) above.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see definition of "flooding").
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
Has the same meaning as "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement this section by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MOBILE HOME
Has the same meaning as "manufactured home."
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure.
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
Has the same meaning as "base flood."
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) 
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Subsection F(4)(b) of this section.
START OF CONSTRUCTION
The date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this section which permits construction or use in a manner that would otherwise be prohibited by this section.
E. 
General provisions.
(1) 
Lands to which this section applies. This section shall apply to all areas of special flood hazard within the jurisdiction of the City of Kingston, Ulster County.
(2) 
Basis for establishing the areas of special flood hazard.
(a) 
The areas of special flood hazard for the City of Kingston, Community Number 360858, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
[1] 
Flood Insurance Rate Map Panel Numbers 36111C0460E, 36111C0470E, 36111C0480E, 36111C0490E whose effective date is September 25, 2009, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.
[2] 
A scientific and engineering report entitled "Flood Insurance Study, Ulster County, New York, All Jurisdictions," dated September 25, 2009.
(b) 
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at the Office of the City Engineer, City Hall, 420 Broadway, Kingston, New York 12401.
(3) 
Interpretation and conflict with other laws.
(a) 
This section includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
(b) 
In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, or local laws, the most restrictive, or that imposing the higher standards, shall govern.
(4) 
Severability. The invalidity of any section or provision of this section shall not invalidate any other section or provision thereof.
(5) 
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the City of Kingston from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under Subsection H will be declared noncompliant and notification will be sent to the Federal Emergency Management Agency.
(6) 
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Kingston, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
F. 
Administration.
(1) 
Designation of the local administrator. The Fire Chief or his designee is hereby appointed local administrator to administer and implement this section by granting or denying floodplain development permits in accordance with its provisions.
[Amended 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019]
(2) 
The floodplain development permit.
(a) 
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Subsection E(2), without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
(b) 
Fees. All applications for a floodplain development permit shall be accompanied by an application fee to be established from time to time by resolution of the Common Council. In addition, the applicant shall be responsible for reimbursing the City of Kingston for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs.
(3) 
Application for a permit. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form.
(a) 
The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(b) 
The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
(c) 
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Subsection G(2)(c), Utilities.
(d) 
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in Subsection G(4), Nonresidential structures.
(e) 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Subsection E(2), when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(f) 
A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
(g) 
In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.
(4) 
Duties and responsibilities of the local administrator. Duties of the Local Administrator shall include, but not be limited to, the following:
(a) 
Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:
[1] 
Review all applications for completeness, particularly with the requirements of Subsection F(3), Application for a permit, and for compliance with the provisions and standards of this section.
[2] 
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Subsection G, Construction standards, and, in particular, Subsection G(1)(a), Subdivision proposals.
[3] 
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Subsection G, Construction standards, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
[4] 
Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
(b) 
Use of other flood data.
[1] 
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to Subsection F(3)(g), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this section.
[2] 
When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this section.
(c) 
Alteration of watercourses. The local administrator shall:
[1] 
Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.
[2] 
Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(d) 
Construction stage.
[1] 
In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
[2] 
Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
(e) 
Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
(f) 
Stop-work orders.
[1] 
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection E(5) of this section.
[2] 
The local administrator shall issue, or cause to be issued, a stop-work order for any floodplain development found noncompliant with the provisions of this section and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection E(5) of this section.
(g) 
Certificate of compliance.
[1] 
In areas of special flood hazard, as determined by documents enumerated in Subsection E(2), it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this section.
[2] 
A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
[3] 
Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection F(4)(e), Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
(h) 
Information to be retained. The local administrator shall retain and make available for inspection copies of the following:
[1] 
Floodplain development permits and certificates of compliance;
[2] 
Certifications of as-built lowest floor elevations of structures, required pursuant to Subsection F(4)(d)[1] and (d)[2], and whether or not the structures contain a basement;
[3] 
Floodproofing certificates required pursuant to Subsection F(4)(d)[1], and whether or not the structures contain a basement;
[4] 
Variances issued pursuant to Subsection H, Variance procedures; and
[5] 
Notices required under Subsection F(4)(c), Alteration of watercourses.
G. 
Construction standards.
(1) 
General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Subsection E(2).
(a) 
Subdivision proposals: The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):
[1] 
Proposals shall be consistent with the need to minimize flood damage;
[2] 
Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and
[3] 
Adequate drainage shall be provided to reduce exposure to flood damage.
(b) 
Encroachments.
[1] 
Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:
[a] 
The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
[b] 
The City of Kingston agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Kingston for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Kingston for all costs related to the final map revision.
[2] 
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Subsection E(2), no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[a] 
A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or
[b] 
The City of Kingston agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City of Kingston for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Kingston for all costs related to the final map revisions.
(2) 
Standards for all structures.
(a) 
Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(b) 
Construction materials and methods.
[1] 
New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.
[2] 
New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.
[3] 
For enclosed areas below the lowest floor of a structure within Zone A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
[a] 
Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[i] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
[ii] 
The bottom of all such openings no higher than one foot above the lowest adjacent finished grade.
[b] 
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.
(c) 
Utilities.
[1] 
New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations;
[2] 
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
[3] 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and
[4] 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(3) 
Elevation of residential structures. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Subsection G(1)(a), Subdivision proposals, and (1)(b), Encroachments, and (2), Standards for all structures:
(a) 
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation.
(b) 
Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.
(c) 
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Subsection E(2) (at least two feet if no depth number is specified).
(d) 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
(4) 
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in Subsection G(1)(a), Subdivision proposals, and (1)(b), Encroachments, and (2), Standards for all structures:
(a) 
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:
[1] 
Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or
[2] 
Be floodproofed so that the structure is watertight below two feet above the base flood elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(b) 
Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
[1] 
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
[2] 
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection G(4)(a)[2].
(c) 
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection G(4)(a)[2], including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(d) 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
(e) 
Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.
(5) 
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in Subsection G(1), General standards, and (2), Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard:
(a) 
Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either: (1) be on site fewer than 180 consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the requirements for manufactured homes in Subsection G(5)(b), (c), and (d). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
(b) 
A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(c) 
Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.
(d) 
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Subsection E(2) (at least two feet if no depth number is specified).
H. 
Variance procedure.
(1) 
Appeals board.
(a) 
The Zoning Board of Appeals as established by the City of Kingston shall hear and decide appeals and requests for variances from the requirements of this section.
(b) 
The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this section.
(c) 
Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(d) 
In passing upon such applications, the Zoning Board of Appeals, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section and:
[1] 
The danger that materials may be swept onto other lands to the injury of others;
[2] 
The danger to life and property due to flooding or erosion damage;
[3] 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
[4] 
The importance of the services provided by the proposed facility to the community;
[5] 
The necessity to the facility of a waterfront location, where applicable;
[6] 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
[7] 
The compatibility of the proposed use with existing and anticipated development;
[8] 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
[9] 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
[10] 
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding;
[11] 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
[12] 
The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges.
(e) 
Upon consideration of the factors of Subsection H(1)(d) and the purposes of this section, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f) 
The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
(2) 
Conditions for variances.
(a) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Items [1] through [12] in Subsection H(1)(d) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(b) 
Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
[1] 
The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure; and
[2] 
The variance is the minimum necessary to preserve the historic character and design of the structure.
(c) 
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
[1] 
The criteria of Subsection H(2)(a), (d), (e) and (f) are met; and
[2] 
The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.
(d) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(e) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(f) 
Variances shall only be issued upon receiving written justification of:
[1] 
A showing of good and sufficient cause;
[2] 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
[3] 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(g) 
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in Subsection F(4)(h) of this section.
[Amended 7-7-1992; approved 7-8-1992]
The Waterfront Design Overlay District and underlying zoning shall be eliminated and replaced with the RF-R Rondout Creek District and RF-H Hudson Riverfront District in accordance with the attached map[1] outlining the same.[2]
[1]
Editor's Note: The map is on file in the office of the City Clerk. For provisions regarding the RF-R and RF-H Districts, see §§ 405-25 and 405-31.
[2]
Editor's Note: Former § 405-25, LS Landmark Overlay-Stockade District, was repealed 11-14-1989, approved 11-15-1989. For current provisions, see Ch. 264, Art. I, Historic and Architectural Design Districts, and Art. IX of this chapter; former § 405-26, Landmark and historic districts outside Stockade Area, was repealed 11-14-1989, approved 11-15-1989. For current provisions, see Ch. 264, Art. I, Historic and Architectural Design Districts, and Art. IX of this chapter.
[Added 1-4-2005, approved 1-5-2005]
A. 
Purposes and principles.
(1) 
The Mixed Use Overlay Zoning Districts are intended to implement a City of Kingston Comprehensive Plan Element for the areas known as the "Stockade and Midtown Mixed Use Overlay Zoning Districts." (See attached maps.[1])
[1]
Editor's Note: Said maps are included at the end of this chapter.
(2) 
According to the Comprehensive Plan Element, the creation of the Mixed Use Overlay Zoning District has two underlying purposes.
(a) 
The first purpose is to adaptively reuse existing commercial and industrial buildings to provide rental multifamily housing, including affordable housing, to the present and future residents of the City of Kingston.
(b) 
The second purpose is to encourage mixed-use, mixed-income, pedestrian-based neighborhoods.
B. 
Proposals within the Mixed Use Overlay Zoning Districts are intended to be based on the following guidelines:
(1) 
Affordable housing.
(a) 
Guidelines to provide affordable housing pertains to individual proposals to adaptively reuse commercial and industrial buildings for five or more residential units.
(b) 
Of the five or more overall housing units created by individual proposals to adaptively reuse commercial and industrial buildings for residential purposes, 20% of those units will be dedicated for affordable housing.
(c) 
The rental of affordable housing units will be calculated as not exceed 30% of a household's income.
(d) 
The maximum income for a household to occupy an affordable housing unit will be 80% of the Ulster County median income, with adjustments for family size and be updated yearly.
(e) 
Affordable housing units should be dispersed throughout the proposed housing project and be indistinguishable from market rate units.
(f) 
Affordable housing units are phased in during the overall construction process.
(g) 
Affordable housing units should remain affordable for the length of time the building in question contains residential units or remains residential.
(h) 
Final choice of the tenants to occupy the affordable housing units lies with the owners of the adaptively reused commercial and industrial buildings or their representatives. Owners of the adaptively reused commercial and industrial buildings or their representatives can choose a potential tenant from a pool of income eligible tenants as kept by the Kingston Office of Community Development and/or the Kingston Housing Authority. In the case that the owners of the adaptively reused commercial and industrial buildings or their representatives identify a potential tenant to occupy an affordable housing unit, apart from the pool kept by the Kingston Office of Community Development and/or the Kingston Housing Authority, that potential tenant must be judged income eligible by the Kingston Office of Community Development or the Kingston Housing Authority before he or she occupies the affordable housing unit.
(i) 
The Kingston Office of Community Development will be responsible for ensuring the long-term affordability of the residential units within the Mixed Use Overlay Zoning Districts. This includes ensuring that 20% of the units within the appropriate adaptively reused commercial and industrial buildings are dedicated to affordable housing.
(2) 
Mixed-use, mixed-income, pedestrian--based neighborhoods.
(a) 
The adaptive reuse of buildings should encourage residential uses above retail or commercial uses.
(b) 
The safety, comfort and interest of pedestrians should be integrated into the adaptive reuse site plans.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AFFORDABLE HOUSING UNIT
A dwelling unit available at a cost of no more than 30% of the gross household income of households at or below 80% of the Ulster County Medium Income.
QUALIFIED AFFORDABLE HOUSING TENANT
An individual or family with household incomes that do not exceed 80% of the medium income with adjustments for household size.
D. 
The following uses are subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(1) 
The conversion of existing commercial or industrial buildings, or sections of them, into residential apartments and went/live spaces of which some will be dedicated as affordable housing. Such uses will be subjected to § 405-30, Site development plan approval.
(2) 
Site and building enhancements that promote a mixed-use, mixed-income, pedestrian-based neighborhood. Such uses will be subjected to § 405-30, Site development plan approval.
E. 
Provision of affordable units. The Planning Board shall deny any permit for development under this zoning chapter if the applicant for special permit approval does not comply, at a minimum, with following requirements for affordable units:
(1) 
At least 20% of the residential units in the adaptive reuse of commercial or industrial buildings, of five or more units, shall be established as affordable housing units for rental to qualified affordable housing tenants.
F. 
Provisions applicable to affordable housing.
(1) 
Siting of affordable units. Affordable housing units should be dispersed throughout the proposed adaptive reuse project.
(2) 
Minimum design and construction standards for affordable units. Affordable housing units within the market rate units shall be integrated with the rest of the development and be indistinguishable from market rate units in design, appearance, construction and quality of materials.
(3) 
Timing of construction of affordable units. Affordable housing units shall be provided coincident to the development of market rate units.
G. 
Development standards applicable to the adaptive reuse of commercial and industrial buildings that promote a mixed-use, mixed-income, pedestrian-based neighborhood. Intent: The safety, comfort and interest of pedestrians relates to the extent to which buildings face streets and public open spaces with entrances, windows and usable outdoor space.
(1) 
Street level building spaces shall be limited to commercial activities with residential spaces allowed at the second or above floors.
(2) 
Primary entrances of buildings shall face a street or small park.
(3) 
Sheltering elements shall be included as part of the adaptive reuse site plans.
(4) 
Shade trees shall be essential features of adaptive reuse site plans.
(5) 
Hunan-scale lighting shall be essential features of adaptive reuse site plans.
(6) 
Small parks should be encouraged as part of the adaptive reuse site plans.
(7) 
Reinforce pedestrian connections between building and street, between buildings and through parking lots as part of the adaptive reuse site plans.
(8) 
Minimize the dominance of parking, screen parking lots from the street and make parking lots cooler as part of the adaptive reuse site plans.
[Added 8-4-2009 by L.L. No. 9-2009, approved 8-13-2009]
In the TNDOD Traditional Neighborhood Development Overlay District, the following regulations will apply.
A. 
District intent and general purpose.
(1) 
The Traditional Neighborhood Development Overlay District (TNDOD) is hereby established to encourage and facilitate redevelopment and adaptive reuse of the former "Tilcon Mining" properties. These former industrial sites comprise approximately 345 acres of the site of 508 acres located along and adjacent to the northern portion of the City's waterfront.
(2) 
These properties have been analyzed and considered as part of various waterfront planning efforts conducted by the City, including the City's Local Waterfront Revitalization Program (LWRP) (1992) and the City's Waterfront Development Implementation Plan (2000). In response to contemporaneous development proposals, the City has also conducted more focused planning analyses of these properties. This effort has included application of the policies and principles contained in the waterfront planning studies recited above to various specific development scenarios and the conduct of detailed environmental impact assessment of those development scenarios pursuant to the requirements of the New York State Environmental Quality Review (SEQR) Act.
(3) 
The result of these collective planning efforts is the City's desire to create the opportunity for traditional neighborhood development at these locations that is consistent with the character and history of the City. Development of traditional neighborhoods along the riverfront will respect its natural resources and provide attractive, diverse, walkable and culturally vibrant communities with strong linkages to the rest of the City of Kingston. The City finds that proceeding in this manner constitutes good planning, is consistent with the City's approved LWRP, New York State coastal zone policies and the Vision Statement in the City's Waterfront Implementation Plan and furthers the public health, safety and welfare of existing and future residents of the City.
(4) 
The TNDOD is intended to provide an option to development under provisions of the existing underlying zoning districts. The standards and procedures set forth for the TNDOD in this section are intended to override and replace standards and procedures set forth elsewhere in this chapter unless such standards and procedures are specifically referenced or incorporated herein.
B. 
Specific purposes. The TNDOD is intended to serve the following specific purposes and further the policies of the City's LWRP:
(1) 
Encourage innovative, traditional neighborhood development which consists of compact, mixed-use neighborhoods where residential, commercial and civic buildings are within close proximity to each other and incorporates the principles set forth in Subsection G(6) below.
(2) 
Create pedestrian-oriented neighborhoods for a diverse population to live, work, learn and play.
(3) 
Provide for the reclamation, redevelopment and/or adaptive reuse of former industrial sites (Policies 1 and 1A).
(4) 
Strengthen Kingston's economic base.
(5) 
Facilitate and enhance meaningful public access to the City's Hudson River waterfront lands.
(6) 
Promote the preservation of large natural features such as woodlands and wetlands and creation of public open spaces within individual neighborhoods.
(7) 
Preserve and protect significant views to and from development sites.
(8) 
Encourage the incorporation of historic and civic elements into neighborhood design and build upon Kingston's historical and architectural heritage.
(9) 
Encourage the provision and/or upgrade of necessary infrastructure resources relating to sewer, water, drainage and parking to facilitate development and improve the natural environment.
(10) 
Provide housing opportunities for moderate-income families and individuals, including municipal employees, first-time homeowners and senior citizens.
C. 
Applicability. This district applies to that portion of the City of Kingston waterfront and adjoining upland areas consisting of approximately 345 acres of the site of 508 acres comprising the former Tilcon Mining properties. The precise district boundaries are designated on the official City of Kingston Zoning Map.
D. 
Permitted uses.
(1) 
Uses permitted by right. A building may be erected, reconstructed, altered, arranged, designed or used, and a lot or premises may be used, for any of the following purposes by right, subject to the conditions established.
(a) 
Residential housing, which may be owner-occupied, operated as a rental property, or a combination of owner-occupied and rental, and, if offered for sale, to be owned in fee simple, condominium, cooperative or other forms of ownership, which housing may include any of the following, or any combination thereof:
[1] 
Dwellings: single-family, two-family and multiple-family, including townhouses, studio and residential apartment units.
[2] 
Combination building: a building containing a combination of two or more dwelling unit types, which may include, without limitation, single-family attached, townhouses, two-story apartments, any of which may be arranged beside, above, or under, other types of unit types.
[3] 
Mixed-use building: a building that combines one or more dwelling unit types permitted herein, including, without limitation, single-family attached, townhouses and apartments, in combination with nonresidential uses, which may include any or all non-residential use types permitted herein.
(b) 
Art galleries, workshops or retail shops associated with arts, crafts or fine arts.
(c) 
Live work units.
(d) 
Restaurants and drinking establishments.
(e) 
Health clubs; indoor recreation facilities; outdoor recreation opportunities, both public and/or private.
(f) 
Hotels, conference centers, banquet facilities, bed-and-breakfast establishments (subject to the requirements of § 405-45A).
(g) 
Offices, business offices, professional offices.
(h) 
Personal service businesses.
(i) 
Theaters, concert halls, cinemas, museums.
(j) 
Cultural and educational institutions and facilities and places of religious worship.
(k) 
Retail and service uses typically providing goods and services to the immediate neighborhood, including, without limitation, groceries, specialty foods, bakeries, banks, delicatessens, laundromat/drycleaner and personal services.
(2) 
Special permit uses. The following uses are subject to issuance of a special permit by the Planning Board in accordance with the provisions of § 405-32 of this chapter:
(a) 
Uses listed in § 405-25D of this chapter as permitted in the RF-R and RF-H Riverfront Districts, subject to the requirements specified for such uses.
(3) 
Accessory uses. Accessory uses shall be limited to the following:
(a) 
Home occupations, subject to the provisions of § 405-9C(2).
(b) 
Professional offices or studios, subject to the provisions of § 405-9C(3).
(c) 
Off-street parking; fences; hedges; garden walls, signage; gardenhouse, toolhouse, playhouse, greenhouse, pools, incidental to residential use of premises, subject to the approved regulating design manual.
(4) 
Subdivisions. Portions of the TNDOD site may be subdivided upon approval by the Planning Board, for the purposes set forth below. Any parcels created by such subdivision shall be subject to compliance with all provisions of this section and the approved regulating design manual:
(a) 
Subdivision to create individual lots for single-family homes, townhouses, multifamily housing, nonresidential uses, parks and/or open space.
(b) 
Subdivision to create blocks or sections for future development which may be further subdivided in accord with Subsection D(4)(a) above.
E. 
Provisions for moderate-income housing. In any TNDOD, at least 10% of all housing units shall be designated as moderate-income housing in accord with the definitions and standards contained herein.
(1) 
Standards.
(a) 
All moderate-income housing units shall be physically integrated into the design of the development. Each housing unit shall be constructed to the same quality standards as market-rate units. The exterior finishes shall be indistinguishable from all other units. The developer may, however, substitute different fixtures, appliances and interior finishes where such substitutions would not adversely impact the livability or energy efficiency of the unit.
(b) 
Moderate-income housing units shall generally be distributed throughout the development in the same proportion as other housing units. The Planning Board may use discretion in reviewing and approving distribution of units in consideration of the market objectives of the applicant.
(c) 
To be eligible to purchase or rent a moderate-income housing unit, the household's aggregate annual income must be between 80% and 120% of the Ulster County median family income for a family of a particular size as determined annually by the United States Department of Housing and Urban Development (HUD).
(2) 
Housing plan. Prior to the initial application for approval of a subdivision, site plan or special permit within an approved TNDOD, the applicant shall submit a proposed housing plan to the Planning Board that demonstrates how the following objectives will be achieved:
(a) 
Among income-eligible households, preference to purchase or rent moderate-income housing units shall be given to the following types of households in an order deemed appropriate by the Planning Board:
[1] 
Employees of the City of Kingston, Town of Ulster or Kingston Consolidated School District.
[2] 
Volunteer members of the Kingston or Ulster Fire Department or First Aid and Rescue Squads.
[3] 
Elderly (62 or older) or disabled residents of the City of Kingston and Town of Ulster.
[4] 
Honorably discharged US veterans who are residents of the City of Kingston or Town of Ulster.
[5] 
All other residents of the City of Kingston or Town of Ulster.
(b) 
The housing plan shall include procedures and regulations regarding the following:
[1] 
Methods to determine sale and rental prices for moderate-income units.
[2] 
Procedures to regulate resale prices of moderate-income units.
[3] 
Proposed phasing of moderate-income units in relation to phasing of the total development.
[4] 
Use of any other procedures deemed appropriate to comply with the intent of this section.
(3) 
Approval.
(a) 
The housing plan shall be approved by the Planning Board, with recommendation from the City Community Development Agency, prior to approval of any site plan, subdivision or special permit within the TNDOD.
(b) 
The Planning Board shall include mention of such housing plan in the notice of any required public hearing on the application.
(c) 
As part of any approval of the housing plan, the Planning Board may require modifications to such housing plan to further the intent of this section.
(4) 
Administration. The City of Kingston Community Development Agency shall be responsible for the administration of the moderate-income housing program. The administrative agency shall perform the following duties:
(a) 
Accept and review applications.
(b) 
Maintain eligibility priority list; annually certify and recertify applicants;
(c) 
Establish lottery procedures for selecting applicants that have equal priority;
(d) 
Recommend annual maximum income limits, rental prices, resale values;
(e) 
Review certification from owner and lessors of rental units certifying that units are occupied by eligible families;
(f) 
Review all deed restrictions for moderate-income units;
(g) 
Review all lease terms for moderate-income units; and
(h) 
Promulgate rules and regulations as necessary.
F. 
Application for a traditional neighborhood development plan.
(1) 
Any property owner within the TNDOD may apply to the Planning Board for approval of a traditional neighborhood development plan as an alternative to the uses and development standards permitted in the underlying districts, in accordance with the standards and procedures set forth herein.
(2) 
Each traditional neighborhood development plan must be accompanied by a regulating design manual, subject to approval by the Planning Board, which sets forth the requirements for density, bulk, height, parking, architectural, landscaping, and other design standards to be applied in the proposed traditional neighborhood development.
G. 
Criteria for approval of a traditional neighborhood development design plan. In determining whether or not to approve a traditional neighborhood development plan, in accord with the procedures set forth in Subsection G below, the Planning Board shall consider the extent to which the plan meets the following criteria:
(1) 
Conforms to the applicable purposes and objectives of the City's Zoning Law.
(2) 
Conforms to the applicable policies and purposes of the City's Local Waterfront Revitalization Program and Waterfront Implementation Plan.
(3) 
Conforms to the intent and specific purposes of this section.
(4) 
Contains a sufficient amount of acreage to allow for the creation of a traditional neighborhood development that incorporates the traditional neighborhood design principles listed below, but in no event less than 25 acres.
(5) 
Contains residential and nonresidential densities that are sufficient to create traditional neighborhood development and neighborhoods while at the same time respecting the natural features and environmental sensitivity of the site, but in no event more than 10 dwelling units per gross acre allocated for residential use or a floor area ratio (FAR) of more than 2.0 for lands allocated for nonresidential use.
(6) 
Incorporates accepted traditional neighborhood design principles with respect to the roadway system, proposed land uses, the open space system and the scale and style of the building elements. For purposes of this provision, traditional neighborhood design principles shall include:
(a) 
Provision of mixed-use neighborhoods that are designed and sized to be walkable.
(b) 
A discernible center within each mixed-use neighborhood to serve as a community gathering place.
(c) 
Shops and stores within close proximity to neighborhoods sufficiently varied to satisfy ordinary household needs.
(d) 
A variety of places to work, including live/work units.
(e) 
A mix of dwelling types such that younger and older persons, single-person households and families may be housed according to their needs.
(f) 
Small playgrounds or neighborhood parks within walking distance of all dwellings.
(g) 
Thoroughfares and roadways designed as a network, with emphasis on connecting adjacent thoroughfares wherever possible to provide drivers with options to disperse traffic.
(h) 
Traffic calming design to slow traffic, creating an environment appropriate for pedestrians, bicyclists and automobiles.
(i) 
Building frontages that create interesting, attractive pedestrian-friendly streetscapes and confine parking to locations behind buildings to the maximum extent practicable.
(j) 
Preservation of sensitive natural resources and cultural areas as permanent open space.
(k) 
Provision for community uses or civic buildings.
(7) 
Incorporates meaningful public access to the City's waterfront. Meaningful public access shall be as defined in § 405-25C(2) of this chapter.
(8) 
Demonstrates the provision of adequate services and utilities, including access to public transportation.
(9) 
Architectural style of proposed buildings, including exterior finishes, color and scale, that is consistent with the intent and purposes of this section.
H. 
Traditional neighborhood development plan review procedures.
(1) 
Traditional neighborhood development design plan application. An application for approval of a traditional neighborhood development plan shall be made as follows:
(a) 
Applicant. An application for approval of a traditional neighborhood development plan shall be made in writing to the Planning Board. Application shall be made by the owner(s) of the land(s) to be included in the project or by a person or persons having an option or contract or other commitment to purchase or acquire the lands. In the event an application is made by a person or persons holding an option or contract to purchase the lands or other commitment to purchase or acquire the lands, such application shall be accompanied by written evidence that the applicant has authorization to submit and pursue such application.
(b) 
Applications. All applications for approval of a traditional neighborhood development plan shall be on forms and in such quantity as may be prescribed by the Planning Board. The application must include a Part 1 Full Environmental Assessment Form.
(c) 
Contents. An application for traditional neighborhood development plan approval shall include the following:
[1] 
A master site development plan for consideration by the Planning Board. The development plan may be prepared at a conceptual level but, at a minimum, must specify the number and type of uses proposed for development and depict their location as well as depict the parking areas to service the proposed uses and the means of traffic circulation, both automotive and pedestrian, between and among the uses.
[2] 
The development plan shall be accompanied by a proposed regulating design manual as required under Subsection F above.
[3] 
The development plan need not encompass all the details required for a site plan approval but shall set forth in reasonable detail the anticipated locations within the development and sizes of all major improvements such that the Planning Board can evaluate the plan for environmental, traffic and other impacts on the City with a view toward attaching any conditions of approval which must be met at the time a detailed site plan is submitted for approval for the development or any portion thereof.
[4] 
The TND plan shall include a phasing plan with estimated time periods for each phase and for completion of the entire development.
(2) 
Processing of application. The Planning Board shall process an application for approval of a traditional neighborhood development plan in accordance with the following procedure:
(a) 
Submission. An application for approval of a traditional neighborhood development plan shall be submitted to the Planning Board office in accord with the timing and procedures established by the Planning Board.
(b) 
Escrow. Upon submission of an application, the Planning Board shall establish an escrow amount to be paid by the applicant to reimburse it for reasonable fees incurred by planning, engineering, legal and other consultants in connection with their review of the application. The escrow shall be periodically replenished as necessary. The applicant shall be provided with an ongoing, detailed accounting of all disbursements from the escrow. Upon termination of the review of the application by the Planning Board, any remaining funds in the escrow account shall be reimbursed to the applicant.
(c) 
Concurrent site plan review. Concurrent with its traditional neighborhood development plan submission, an applicant may also submit a detailed site plan application for one or more phases of the traditional neighborhood development plan. Any site plan concurrently submitted must comply with the requirements of this section and of § 405-30 of this chapter.
(d) 
Public hearing. The Planning Board shall conduct a public hearing on an application for approval of a traditional neighborhood development plan, which shall be held at the time and place prescribed by the Planning Board. Notice of any public hearing shall be provided in the same manner as provided for special uses set forth in § 405-32B of this chapter.
(e) 
General Municipal Law § 239-m referral. If required, the Planning Board shall refer a full statement of the application to the Ulster County Planning Board as provided for by § 239-m of the General Municipal Law.
(f) 
Decision.
[1] 
The Planning Board shall approve, approve with conditions or deny an application within 62 days after either:
[a] 
A SEQRA determination of nonsignificance; or
[b] 
The issuance of a SEQRA statement of findings; or
[c] 
A determination that the proposed action is consistent with a previous statement of findings.
[2] 
The Planning Board's decision shall contain specific findings demonstrating the application's compliance with the criteria for approval set forth in Subsection E above. The Planning Board's decision may attach any reasonable conditions to assure conformance with the intent and objectives of these regulations.
(g) 
Filing. The decision of the Planning Board shall be filed in the office of the City Clerk within five business days after such decision is rendered and a copy thereof shall be mailed to the applicant. In the event of denial, the Planning Board's decision shall contain a written, reasoned elaboration in support of the decision.
(h) 
Modification. Changes or modification to the approved traditional neighborhood development plan, including, but not limited to, modifications to the regulating design manual, shall require review and approval by the Planning Board.
(i) 
Time limits.
[1] 
An application for site plan approval of the traditional neighborhood development plan, or a phase thereof, shall be submitted within one year of the Planning Board's grant of traditional neighborhood development plan approval. Failure to submit an application for site plan approval within that period shall render the traditional neighborhood plan approval null and void and of no force and effect.
[2] 
Construction work on the traditional neighborhood development must commence within three years from the date of any final site plan approval and all other required permits or approvals by involved agencies. If construction does not commence within said period, then the traditional neighborhood development plan approval shall become null and void and all rights shall cease.
[3] 
Construction of the entire traditional neighborhood development must be completed within the time frame proposed by the applicant in its TND plan and approved or modified by the Planning Board at the time of approval. If the traditional neighborhood development is not completed within said time period, then the approval of those phases not substantially completed shall become null and void and all rights therein shall cease.
[4] 
Individual approved phases within the traditional neighborhood development shall be undertaken in the time frame prescribed by the Planning Board in its approval resolution. Each section shall be substantially completed in no more than five years.
[5] 
Upon written request by the applicant, any of the time limits prescribed above may be extended by the Planning Board for good cause. Among the examples of good cause are delays occasioned by lawsuits, poor market conditions, unforeseen site conditions and force majeur. The Planning Board shall not withhold such extension unless it finds that the applicant is not proceeding with due diligence or is otherwise violating the conditions upon which the approval was granted. Extensions shall not exceed three years unless the applicant submits a written request for further extension.
[6] 
Within the time limits prescribed above, and for any extension period granted by the Planning Board, the traditional neighborhood development plan shall be deemed to have obtained vested rights for purposes of completing the approved development improvements notwithstanding any changes to the Zoning Law.
I. 
Conflicts.
(1) 
To the extent any provision of this section, including any provision of the approved regulating design manual, conflicts with any provision of any other article in this chapter, the provisions of this section shall control.
(2) 
The Common Council hereby declares its legislative intent to supersede any provision of any local law, rule, or regulation or provision of the law inconsistent with this section. The provisions of law intended to be superseded include all the City Law and any other provision of law that the City may supersede pursuant to the Municipal Home Rule Law and the Constitution of the State of New York. The courts are directed to take notice of this legislative intent and apply it in the event the City has failed to specify any provision of law that may require supersession. The Common Council hereby declares that it would have enacted this section and superseded such inconsistent provision had it been apparent.
J. 
Definitions. As used in this section, the following definitions shall apply:
CONSTRUCTION WORK or CONSTRUCTION
Disturbance of the project site and continued activity to install utilities, roads or other infrastructure or the process of erecting any structure in accordance with the final approved site plan.
FINAL SITE PLAN APPROVAL
The signing of the site plan by the Planning Board Chairman with an endorsement by stamp or other writing indicating that the plan has received final site plan approval and indicating the date of such final approval.
LIVE/WORK UNIT
A two- or three-story individually deeded unit consisting of commercial or office space on the ground level with a living unit on the above floor or floors which can be owner-occupied and/or leased for a permitted use as regulated as a mixed-use building.