City of Kingston, NY
Ulster County
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Table of Contents
Table of Contents
A. 
At all street intersections, no obstruction to vision (other than existing buildings, posts, columns or trees) exceeding 30 inches in height above street level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 25 feet distant from their point of intersection.
B. 
The Fire Officer is hereby empowered to order removal of any such structure or growth which, in his opinion, does cause a danger to traffic.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000; 10-7-2014, approved 10-9-2014]
A. 
The storage or parking and use of a trailer by any persons is hereby prohibited in each and all of the districts enumerated in Article IV of this chapter, except that:
(1) 
Storage or parking of trailers may be conducted in garages, provided that such trailer is not placed in use and the doors thereof are kept securely locked.
(2) 
Storage and parking of one trailer on a residential lot may be permitted, provided that such trailer is not placed in use, is secured in place within the required setback lines of the residential district and the doors thereof are kept securely locked. Notwithstanding the provisions hereinbefore contained in this chapter, a trailer parked on the premises of a City resident may be occupied for a period not exceeding 48 hours by a guest of the resident, provided that said trailer's location complies with setback requirements of Chapter 405 and is not less than 10 feet from any building or other vehicle. Upon application to the Building Safety Division of the Fire Department, the resident may apply for a permit to allow said guests to remain on the premises for an additional period of 144 hours. Upon receiving such application, the Fire Officer shall make the necessary inspections and issue or deny such permit.
(3) 
A temporary permit for the placing and use of a trailer on a lot may be issued by the Fire Officer in connection with any construction for which a building permit has been issued. Such permit shall be for a period of not greater than six months but may be renewed at the discretion of the Fire Officer if work on said construction is processed diligently.
B. 
The placement and/or use of shipping containers and/or nonmotorized storage trailers for storage purposes by any persons is hereby prohibited in each and all of the districts enumerated in Article IV of this chapter, except that:
(1) 
A temporary permit for the placing of a shipping container and/or nonmotorized storage trailer may be issued by the Building Safety Division of the Kingston Fire Department on application from an individual homeowner. Such permits shall be issued for a period of time not to exceed up to 48 hours. Extensions can be granted for good cause shown for successive periods of up to 48 hours, up to a total period of seven days.
A. 
Site development plan approval by the Planning Board shall be required for:
(1) 
The erection or enlargement of all buildings in all districts other than one-, two- or three-family residences, except as for those covered in Subsection A(4) below.
(2) 
All uses of land where no building is proposed and where a building permit or certificate of occupancy is not required.
(3) 
Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, drainage, access or utilities.
(4) 
The erection or enlargement of all structures, including one-, two- or three-family residences, in all L Landmark Districts and in the RT Rondout District.
(5) 
Any application for a special permit.
B. 
In all cases where any amendment of any such plan is proposed, the applicant must also secure the approval of the amendment by the Planning Board. No building permit may be issued for any building within the purview of this section until an approved site development plan or amendment of any such plan has been secured by the applicant and presented to the Fire Officer. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used, or the land is developed or used, in conformity with an approved site development plan or an amendment of any such plan. The Fire Officer shall certify on each site development plan or amendment to a site development plan whether or not the plan meets the requirements of this chapter, other than those enumerated in sections of this chapter regarding site development plan approval.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
C. 
Objectives. In reviewing site plans, consideration shall be given to the public health, safety and welfare; the comfort and convenience of the public in general, or the residents or users of the proposed development and of the immediate neighborhood in particular; and the appropriate conditions and safeguards as may be required to further the expressed intent of this chapter and the accomplishment of the following objectives, in particular:
(1) 
That the site plan is in conformance with such relevant portions of the Comprehensive Plan of the City that may be in existence.
(2) 
That the design of all structures is compatible with that of surrounding structures. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture and location of the structure or structures on the site.
(3) 
That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and meet other similar safety considerations.
(4) 
That adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
(5) 
That all playground, parking and service areas are reasonably screened, at all seasons of the year, from the view of adjacent residential lots and streets and that the general landscaping of the site is such as to enhance the character of the City and is in character with that generally prevailing in the neighborhood.
(6) 
That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible.
(7) 
That all plazas and other paved areas intended for use by pedestrians use decorative pavements and plant materials so as to prevent the creation of expanses of pavement.
(8) 
That all outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.
(9) 
That the drainage system and the internal water and sewer systems are adequate and that all connections to City systems are in accordance with City standards.
(10) 
That the site plan and building design accommodate the needs of the handicapped and are in conformance with the state standards for construction concerning the handicapped.
(11) 
That the site plan and building design maximize the conservation of energy.
D. 
Procedure.
(1) 
Presubmission.
(a) 
Prior to the submission of a formal site development plan, the applicant shall meet in person with the Planning Board and/or its designated representative to discuss the proposed site development plan in order to determine which of the subsequent requirements may be necessary in developing and submitting the required site development plan.
(b) 
Where the site is within an L Landmark District, the applicant should also meet in person with the Kingston Historic Landmark Preservation Commission and/or its designated representative in order to determine the extent to which the proposed development may conform or conflict with the standards of the Commission and this chapter and to discuss the possible diminution or elimination of any conflicts.
(2) 
Within six months following the presubmission conference, the site plan and any related information shall be submitted to the Planning Director (PD) in two copies. The site plan shall be accompanied by a fee in accordance with the schedule of fees of the City of Kingston. If not submitted within this six-month period, another presubmission conference may be required.
(3) 
The PD shall certify on each original or amended site plan whether or not the application is complete in accordance with Subsection F below or as may be modified during the presubmission conference and whether the plan meets the requirements of all the provisions of this chapter, other than those of this section regarding site plan review. The PD shall act to certify the application or return it to the applicant for completion or revision within 30 days of submission by the applicant.
(4) 
Following certification by the PD, the application shall be forwarded to the Planning Board at least 10 days prior to its next regular meeting, which shall be considered the official submission date.
(5) 
Simultaneously with its submission to the Planning Board, the certified application may be forwarded to the Chief of Police, Fire Chief, Health Department, Superintendent of Public Works, Plumbing Inspector and, where required, to the County Planning Board, County Highway Department and any other agency that the Building Safety Division of the Fire Department deems appropriate.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(6) 
The Planning Board may hold a public hearing on the site plan if it determines that the matter is of wide public interest. If such a hearing is held, it shall be held within 62 days of the official submission date of the application, and notice shall be given at least five days prior to the date of such hearing by publication in the official City newspaper.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(7) 
The Planning Board shall act to approve or disapprove with conditions any such site plan within 62 days after the public hearing or, if no hearing is held, within 62 days of the official submission date. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the board. Conditional approval by the Planning Board shall include written findings upon any site plan element found contrary to the provision or intent of this chapter. In reviewing the application, the Planning Board shall consider whether a proposed plan will conform to the intent and requirements of this chapter and/or what revisions are appropriate. In reviewing site plans, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act. The decision of the Planning Board shall be filed in the office of the City Clerk within five business days of the rendering of the decision. All conditions must be satisfied prior to issuance of a building permit.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(8) 
Amendments to a previously approved site plan shall be acted upon in the same manner as the original site plan.
(9) 
Following approval of the site plan by the Planning Board, the applicant shall file with the City Clerk a performance bond to cover the full cost of any required improvements in an amount set by the Planning Board upon advice of the City Engineer. If the value of improvements is less than $25,000, unless the Planning Board determines that improvements of lesser costs are important to the health and welfare of the City or the immediate area, the Planning Board may waive the bonding requirements. Said bond shall be in a form satisfactory to the Corporation Counsel of the City of Kingston and may be in cash or in the form of surety company bonds and, if a surety company bond, shall be in the amount of 100% of the estimated cost or, if a cash bond, 50% of the estimated cost, as certified by the City Engineer, of proposed screening and landscaping, including planting and maintenance thereof for a minimum of one year and a maximum of three years at the discretion of the Planning Board, stormwater drainage systems, public and private streets and drives, water and sanitary sewer systems, outdoor lighting and off-street parking areas, loading areas, means of vehicular access and egress to and from the site onto public streets and recreation areas, including playgrounds and garbage collection stations and fire alarm systems (if any). Said bond shall be conditioned upon the property owner's or developer's completing said work enumerated herein and set forth on the approved site plan in a manner satisfactory to the City Engineer of the City of Kingston and upon the proper functioning of said systems for a period of one year from their completion. In default thereof, said bond or deposit shall be forfeited, and the City shall use the amount thereof to complete any incomplete portion of said work or to make repairs as are necessary to assure proper functioning of said improvements; provided, however, if any amount of money remains after the City has completed said work, such excess money will be returned to the surety or the person putting up the required deposit. Said surety bond or cash deposit may be reduced by resolution of the Planning Board upon the certification of the City Engineer that one or more particular items required by the Planning Board have been satisfactorily completed. If a fifty-percent cash bond has been posted, such reduction shall be in the ratio that the completed item or items bear to the total estimated costs of the required improvements. The installation of all improvements shall be under the direct supervision of a registered architect or professional engineer.
E. 
Time limit on validity of approval. Approval of a site plan by the Planning Board shall be valid for a period of 120 days from the date thereof for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan approval to become null and void. Upon application, the Planning Board may extend the time limit on the validity of the approval to not more than two years from the date of the original approval.
F. 
Required submissions. All maps submitted must be at a scale of not less than 30 feet to the inch. Where the site is within an L Landmark Overlay District, an additional copy of such information and letters, and a copy of any additional data required by the Planning Board, must be submitted at the same time to the Kingston Historic Landmark Preservation Commission. The information to be submitted, and which in total constitutes a site development plan, follows.
(1) 
Legal data.
(a) 
The names of all owners of record of all adjacent property and the lot, block and section number of the property, all as shown on the City's Official Assessment Maps.
(b) 
Existing zoning and special district boundaries.
(c) 
Boundaries of the property, building or setback lines, if different from those required in the Building Zone Ordinance, and lines of existing streets and lots as shown on the City's Official Assessment Maps. Reservations, easements and areas dedicated to public use, if known, shall be shown.
(d) 
A survey showing all lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest minute or closer if deemed necessary by the surveyor. The error of closure shall not exceed 1 to 10,000.
(e) 
A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(2) 
Existing facilities.
(a) 
A drawing showing the location of existing buildings.
(b) 
The location of existing water mains, culverts and drains on the property, with pipe sizes, grades and directions of flow.
(3) 
Topographic data.
(a) 
Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Board.
(b) 
The location of existing watercourses, marshes, wooded areas, rock outcrops, single trees with a diameter of eight inches or more, measured three feet above the base of the trunk, and other significant existing features.
(4) 
Development data.
(a) 
The name of development, data, North point, scale and the name and address of the record owner, engineer, architect, land planner or surveyor preparing the site development plan.
(b) 
The proposed use or uses of land and buildings and the proposed location of buildings.
(c) 
All means of vehicular ingress and egress to and from the site onto public streets.
(d) 
The location and design of any off-street parking areas or loading areas.
(e) 
The location of all proposed waterlines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
(f) 
The proposed location, direction, power and time of proposed outdoor lighting.
(g) 
The proposed screening and landscaping shown on a planting plan prepared by a qualified landscape architect or architect.
(h) 
The proposed stormwater drainage system.
(i) 
All proposed lots, easements and public and community areas. All proposed streets with profiles indicating grading and cross-sections showing the width of roadways, locations and widths of sidewalks and the location and size of utility lines, according to the standards and specifications contained in the street improvement specifications of the Department of Public Works, City of Kingston. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary to the surveyor. The error of closure shall not exceed 1 to 10,000.
(j) 
All proposed grades.
G. 
Waiver of required information. Upon findings by the Planning Board that, due to special conditions peculiar to a site plan, certain information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, Official Map, Master Plan or this chapter.
H. 
Any person or persons jointly or severally aggrieved by any decision of the Planning Board concerning review of a site plan may bring a proceeding to review in a manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decision is illegal, in whole or in part.
[Added 7-7-1992; approved 7-8-1992]
A. 
Purpose. It is recognized that the waterfront encompasses a unique resource within the City of Kingston, containing both a significant opportunity for the achievement of public amenities and a major potential for water related development. To provide an incentive which will further encourage the most appropriate use and development of the City's waterfront in a manner designed to achieve adopted planning objectives and to further the policies and purposes of the Kingston Local Waterfront Revitalization Program, the City of Kingston may allow, only by application for a special permit and following a public hearing held on notice duly given in the same manner as required by law for zoning amendments, an increased floor to area ratio and/or building height, as set forth below. The public hearing shall be held by the City of Kingston. An advisory report from the Planning Board shall be provided to the City Council for its consideration, in the acceptance or rejection of any application per this section. City Council approval shall be in a form acceptable to the Corporation Counsel of the City of Kingston.
B. 
The incentive features, and the general guidelines for Planning Board and City Council action are described as follows:
(1) 
The specific public benefit features for which incentive density increases may be granted include the provision of funds, services or goods toward the following objectives. The specific public benefit feature, for which an incentive density increase is being sought, must be closely associated with the impact of the development and, to the extent possible, adjacent or near to the project site. Further, the City Council shall make the decision on whether to accept any particular incentive feature being proposed and shall have the authority to impose any and all conditions on the acceptance of the incentive feature as deemed appropriate and in the best interest of the City of Kingston.
(a) 
Provision of improved public access accessible to persons other than occupants, to waterfront properties, along the water's edge, including pedestrian walkways, open space areas and promenades which all designed to form a continuous public right-of-way through the entire RF-R and RF-H Districts. Where public access is provided, the following guidelines shall be used: access should be in the form of a permanent easement or the granting of fee title to the City of Kingston. The access shall be at least 12 feet wide from the street to the shoreline, and at least 10 feet wide along the shoreline for the entire width of the property in the RF-R District. The access shall be at least 15 feet wide from the street to the shoreline, and at least 20 feet wide along the shoreline for the entire width of the property in the RF-H District. Paving suitable for pedestrian use, at least six feet wide in the RF-R District and at least 10 feet wide in the RF-H District, should be provided for the entire length of the access easement and to a standard approved by the Kingston City Engineer.
(b) 
New construction or restoration of deteriorated bulkheading, not associated with the project, where the need is identified by the City.
(c) 
Expansion of affordable housing opportunities within the LWRP waterfront area, and as defined by the City's housing program.
(d) 
Provision of pedestrian access to the Kingston Lighthouse.
(e) 
Rehabilitation of the Kingston Trolley or railroad travel to and along the waterfront, as described in the Urban Cultural Park Master Plan. Specifically, rehabilitation of the trolley tracks which extend along the peninsula bordering the lagoon.
(f) 
Provision of improvements to Block Park as identified by the City.
(g) 
Provision of improvements, including street lighting, plantings and reconstruction, which are not otherwise within the City's authority to require by law.
(h) 
Acquisition, creation and/or development of Island Dock as public park land.
(i) 
Improvements to West Strand Park as identified by the City.
(j) 
Provision of additional public parking beyond that required by the uses within a given project, to serve the Rondout Creek and Hudson River waterfront areas.
(k) 
Building and site work relative to restoration of railing lines and beds in the Kingston Point and Hutton Brick Yard area.
(l) 
Delaware Avenue improvements as identified by the City.
(m) 
Reopening of North Street from its current terminus just north of Kingston Point to the City boundary.
(n) 
Removal of sunken barges from the Rondout Creek, including prior environmental and historical study.
(o) 
Provision of public fishing areas with fully equipped fishing cleaning stations.
(p) 
Improvements to the Rondout Lighthouse.
[Added 4-1-2003, approved 4-2-2003]
(2) 
Funds may be provided to a Riverfront Trust Fund for the following specific items. The Riverfront Trust Fund shall be administered by the City of Kingston or its designee. This trust fund shall be restricted to the use of such funds only for the specific purpose for which they are provided.
(a) 
Improvements or additional construction associated with the Maritime Museum.
(b) 
Production of a Waterfront Design Master Plan for the entire LWRP area, incorporating design standards and planning objectives to be determined by the City of Kingston.
(c) 
National Register nomination work within the RF-R and RF-H Districts.
(d) 
Preparation of a Harbor Management Plan for the Rondout Creek.
(e) 
Construction of facilities associated with the Trolley Museum.
(f) 
Contribution to the upgrading of the Kingston sewage treatment plant on the East Strand.
(g) 
Upgrading of Hasbrouck Park as identified by the City.
(h) 
Ponckhockie Neighborhood improvements as identified by the City.
(i) 
Improvements to the Rondout Lighthouse.
[Added 4-1-2003, approved 4-2-2003]
(3) 
In determining the specific amount of density incentive increase that may be granted, if any, the Planning Board and the City Council, in each case shall take into consideration the following:
(a) 
Maximum density increase shall not exceed 20% in the RF-R Rondout Creek District and in the RF-H Hudson Riverfront District.
(b) 
Consideration shall be given to the number, extent and combination of incentive features to be provided.
(c) 
The need for such features in the City at the time of the application.
(d) 
The degree of compatibility of such incentive features with the neighborhood in which they are located, taking into consideration the potential effects of noise, traffic, fumes, vibrations or other such characteristics on surrounding streets and properties, the visual impact of the resultant density increase and/or incentive feature applied for, and the impact of the proposed development upon access to light, air and vistas known to be important to the community.
(e) 
The consistency of such incentive features with the City's comprehensive planning and capital improvement program objectives as set forth in this chapter and in related studies and plans prepared for the City, or as otherwise promulgated and declared by the City Council.
(f) 
The quality of design of the proposed development as determined by the Planning Board in accordance with its review under Chapter 405 Zoning of the Code of the City of Kingston. In considering the quality of design of projects, the Planning Board will include consideration of the following factors:
[1] 
The quality and extent of view from the adjacent streets through the property to the water.
[2] 
The design and relationship of development to the waterfront as viewed from the water.
[3] 
The design and function of any public access easement or other access provided to the shoreline, including new bulkheading or docking facilities.
(g) 
To assist the Planning Board and the City Council in determining the appropriate amount of density increase, if any, to grant as an incentive for the applicants provision of the proposed public benefit features, the applicant shall submit an estimate of the cost of providing the proposed features and the value of the density increase requested. The Planning Board may also engage its own independent experts to either separately prepare such analysis or to review those prepared by the applicant. The reasonable cost of such expert assistance shall be reimbursed to the City by the applicant.
(h) 
No incentive density increase shall be granted for the construction of any improvement which would otherwise be required by law.
(i) 
In addition to the foregoing guidelines, the Planning Board and the City Council may take into account other considerations bearing upon the purposes and objectives of any density increase.
(4) 
Financing for projects proving significant infrastructure improvements or major amenities, as described in the foregoing guidelines. The City shall be encouraged to enter into creative financing arrangements with project sponsors. Such arrangements may include tax increment financing, tax abatements and/or use of the Kingston Revolving Loan Fund, but are not limited to these alternatives.
C. 
Elimination of certain nonconforming uses.
(1) 
The following uses are deemed objectionable and incompatible with the purpose of the RF-R and RF-H Riverfront Districts. These uses are neither water dependent nor water related.
(a) 
Open storage of scrap metal, auto parts or land junk.
(b) 
Open storage of building materials, including raw materials.
(c) 
The excavation or processing of raw materials.
(2) 
Such uses shall not be permitted to increase the land area devoted to such activities.
(3) 
Operations or uses which exceed those allowed under existing zoning will be brought into compliance within 30 days following notification by the Fire Officer.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(4) 
Any uses within the RF-R and RF-H Riverfront Districts which are considered to be contaminating the water or land, shall be reviewed by both the Fire Officer and an official of the New York State Department of Environmental Conservation. If such uses are judged to be a source of ongoing environmental contamination, then appropriate notification and action shall be taken, including issuance of a cease and desist order terminating such use immediately.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(5) 
Sites determined to be subject to ongoing contamination under existing uses shall be required to undergo environmental cleanup. Property owners will be notified promptly of a finding of contamination. A cleanup plan shall be submitted within 45 days to the New York State Department of Environmental Conservation and the City Department of Planning and Department of Engineering. Cleanup shall be complete within one year.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(6) 
The Fire Officer, in cooperation with the New York State Department of Environmental Conservation, will provide monthly status reports to the City Council setting forth schedules, commitments and agreements until such time as any uses not in conformity with the zoning districts have been phased out with the appropriate certification by the New York State Department of Environmental Conservation.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(7) 
Existing nonconforming uses shall be surrounded by an opaque fence at least eight feet in height, located no closer than six feet to the street or property line. The area between the fence and property or street lines shall be planted with trees, no further than 25 feet on center, or a species whose height at maturity is at least 20 feet and of a species which does not shed its leaves. Such screening shall be erected and planted within one year from the date of adoption of this section. The Planning Board shall have the authority to adjust these specifications as it deems necessary or desirable for effective visual screening.
D. 
Off-street parking.
(1) 
General. All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered within the RF-R or RF-H Riverfront Districts shall be in accordance with § 405-34 of the Kingston Zoning Code, except as otherwise specified in this section.
(2) 
Parking lot landscaping. All off-street parking and loading areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover. In addition to the requirements of § 405-34, at least one tree, not less than three inches caliper at the time of planting, shall be provided within such parking area for each 10 parking spaces. All parking areas shall be fully screened from the waterfront and from public thoroughfares. Raised planting islands, at least eight feet in width, shall be provided between rows of parking.
(3) 
Parking space ratios and parking standards. Refer to § 405-34 of the Kingston Zoning Code.
E. 
Siting and facility related guidelines. The following guidelines shall be required of all development actions within the RF-R and RF-H Zoning Districts. The Planning Board shall specifically incorporate the following guidelines in its review of proposed development activity:
(1) 
Developments such as roadways, all utility powerlines and incompatible signs shall be prohibited from shorelines in order to maintain the attractive quality of the shoreline and to retain views to and from the shoreline.
(2) 
Structures should be clustered or oriented so as to retain the quality and extent of views from the adjacent public streets through the property to the Hudson River and Rondout Creek as well as the quality of views of the development from the water, save open space, and provide visual organization to a development.
(3) 
Sound existing structures (especially historic buildings) shall be incorporated into the overall development scheme whenever possible.
(4) 
Appropriate architectural scales, forms and materials shall be utilized to ensure that buildings and structures are compatible with and add interest to the landscape. More specifically, the design of all structures is to be compatible with that of the surrounding structures and neighborhoods. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture and location of the structures on the site.
(5) 
All outdoor lighting is to be of such a nature and so arranged as to preclude the diffusion of glare onto adjoining properties, streets and the waterfront.
(6) 
All development proposed within the RF-H Hudson Riverfront District shall provide a scenic landscape protection buffer. While it is recognized that Kingston's Hudson River waterfront includes abandoned industrial sites as well as natural areas, it is the purpose of this scenic landscape protection buffer to protect and enhance, to the maximum extent possible, the scenic qualities of the Hudson River Local Waterfront Revitalization Program area by maintaining, creating and continuing the vegetative corridor of the Mid-Hudson River region. All non-water-dependent development proposed within the RF-H Hudson Riverfront District shall provide, at a minimum, a fifty-foot scenic landscape protection buffer. The scenic landscape protection buffer may incorporate the permanent public access that is identified in other parts of the RF-H Zoning District regulations. The following specific provisions shall apply to all uses within the RF-H Hudson Riverfront District:
(a) 
Proposed development shall avoid excessive or unnecessary grading, indiscriminate earth moving or clearing of property and removal of trees and vegetation which would disfigure natural land forms.
(b) 
If the scenic landscape protection buffer area already has mature trees, the preservation of such trees is required. If predevelopment buffer vegetation is insufficient, additional trees and shrubs with a variety of species appropriate for the local climate and environment shall be required. While complete vegetative screening is not required, sufficient plant material shall be provided to protect, enhance and continue the vegetative corridor of the Mid-Hudson River region.
(c) 
Within the scenic landscape protection buffer there shall be no development, clearing, grading or construction activity with the following exceptions:
[1] 
Minimum land area necessary for provision of waterfront access roadway easements, water, sanitary sewer, storm drainage, electrical, telephone, natural gas, cable, etc., service lines, provided that they run approximately perpendicular to the waterfront. Permission for easement and right-of-way disturbance and clearing for such services shall be more favorably considered when such activity is consolidated with vehicular access routes.
[2] 
Pedestrian trails, boardwalks, bicycle paths, etc., designed to fulfill the requirements of permanent public access as defined in other parts of the RF-H Zoning District regulations.
[3] 
Lighting fixtures if, for safety reasons, cannot be placed outside the buffer area and only when electric utility lines serving these fixtures are underground or are otherwise out of sight and the necessary easements can be established and constructed without reducing the screening and visual softening capacity of the vegetative buffer.
[4] 
The addition of planting, earth forms or other visual buffers which, in the opinion of the Kingston Planning Board, would better achieve the purposes set out in these siting and facility related guidelines for protection of scenic and visual resources.
(d) 
Visual Landscape Buffer Plan.
[1] 
As part of all site development plan submittals under § 405-30 of the Kingston Zoning Regulations, the applicant shall prepare and submit a comprehensive Visual Landscape Buffer Plan. Such plan shall include, at a minimum, information about existing and proposed vegetation, color of structures and landscaping proposed in order to protect, enhance and continue the vegetative corridor of the Mid-Hudson River region. Building color and landscaping shall be an integral part of the plan. The plan shall include, but not be limited to, the following:
[a] 
The name and address of the applicant and owner, if not the same.
[b] 
A detailed narrative description, with accompanying maps, sketches, photographs, simulations, etc., of how the proposed development will provide a scenic buffer and blend into the landscape along the waterfront. Such information shall include a description of existing and proposed vegetation, proposed color of buildings and proposed landscaping.
[c] 
An attached sketch or plan of the area on a scale of not less than one inch equals 60 feet, clearly labeled "Visual Landscape Buffer Plan."
[d] 
The condition of the existing trees and vegetation with respect to disease and potential for creating hazardous conditions.
[e] 
Location, size and species of trees to be preserved.
[f] 
Location, size and species of any trees proposed to be removed.
[g] 
Location, size and species of proposed trees and other vegetation to be planted.
[h] 
Topographic contours at two-foot intervals in the United States Coast and Geodetic Survey datum of mean sea level.
[i] 
A detailed horticultural, vegetative and administrative management plan for ongoing maintenance of all aspects and components of the scenic landscape protection buffer.
[2] 
The plan shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, provisions for shade, energy conservation, sound absorption, dust abatement and reduction of glare.
(e) 
Plant material shall be selected for interest in its structure, texture and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of attractive appearance shall be used.
(f) 
If any new plant material, planted as a result of development with the scenic landscape protection buffer, dies after planting, it shall be replaced with healthy plants.
[1] 
The applicant shall file with the governing agency a performance bond to cover the full cost of any required replacement plants, in an amount set by the governing agency.
[2] 
Said bond shall be in a form satisfactory to the Corporation Counsel of the City of Kingston and may be in cash or in the form of a surety company bond in the amount of 100% of the estimated cost of replacement of the plantings. In default of the herein above provision, said bond or deposit shall be forfeited and the City shall use the amount thereof to complete any incomplete portion of said work.
(7) 
Proposed structures shall be in scale and harmonious with permanent neighboring developments.
(8) 
All development within the RF-H Hudson Riverfront District shall incorporate in addition to vegetation, other means to protect and enhance the scenic landscape of the Mid-Hudson River region, such as building color. The use of building color should allow proposed buildings to blend into the background of the landscape as much as possible.
(9) 
Parking areas shall be treated with such things as building wall extensions, segmented parking areas with elevation differences, plantings, berms or other means so as to minimize the impact of parked vehicles on the view from the Hudson River and from public ways and adjacent land uses.
(10) 
Project features which may have negative impacts upon adjacent properties, such as parking lots, service entrances, loading zones, mechanical equipment, etc., shall be visually buffered from the adjacent properties.
(11) 
Monotony of design in single and multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance.
[Added 2-1-2005, approved 2-2-2005]
A. 
General.
(1) 
Purpose. In keeping with the Local Waterfront Revitalization Plan developed by the City, these standards were created to protect the existing historical development along the Rondout Creek waterfront, and promote new development which enhances the visual appearance of the City. It is intended to act as a tool for developers and planners to help streamline the design approval process by specifying the desired development characteristics upfront during the design process.
(2) 
This section applies to all new development and redevelopment within the RF-R Rondout Creek District. In the event of a conflict between this section and other portions of the Zoning Code, the Zoning Enforcement Officer (ZEO) will determine which requirement governs. Improvements under these standards are subject to applicable Americans with Disabilities Act Accessibility Guidelines (ADAAG).
(3) 
Incentives, New development and redevelopment within the RF-R District may qualify for incentives as outlined in § 405-31.
(4) 
All proposed work within the RF-R District must make reasonable attempts to preserve, protect and incorporate existing topography and meaningful vegetation into any proposed development plans.
(5) 
All proposed work within the RF-R District must preserve, protect and incorporate the exterior facades of existing historic structures into any proposed development plans. "Historic structures" are defined in this section as any construction which is listed on, or is eligible to be listed on, the National Historic Register.
(6) 
All proposed work within the RF-R District must preserve, protect and incorporate the original forms and shapes of existing roofs on historic structures into any proposed development plans.
(7) 
Waivers.
(a) 
The Planning Board is hereby empowered and authorized to waiver or vary any design standards or requirements in this section for new development within the RF-R Rondout Creek District by a majority plus one vote. Any such waiver may be exercised in the event of the following:
[1] 
The nonconforming elements meet the spirit and intent of the design goals contained herein as defined by the Planning Board; and
[2] 
The specific standards or requirements are not appropriate to a particular development or project.
(b) 
The Planning Board shall also have the authority to impose reasonable and appropriate conditions on the grant of any waiver to protect the district.
(8) 
In addition to the site plan review requirements in § 405-30, new site development plans in the RF-R District are required to submit the following:
(a) 
Site plan which specifies all proposed demolition and construction work and includes:
[1] 
The location, diameter and species of all existing trees on the property which have a caliper of eight inches or more. These trees should be preserved as much as reasonably possible and incorporated into any site development designs. Existing vegetation clusters, such as bushes and large shrubs, should also be preserved as much as reasonably possible, especially along the waterfront, and indicated on design drawings.
[2] 
Existing structures and pedestrian paths on adjacent properties that are within 50 feet of all property lines.
(b) 
Building elevations, at minimum scale of 1/8 inch equals one foot, of all facades, which specifies all proposed demolition and construction work and includes:
[1] 
Exterior materials, changes or transitions in materials, surface lighting, surface signs, street number, awnings and similar facade accessories.
[2] 
Proposed alterations or changes to existing facades, if any.
[3] 
Partial elevation of any existing street facades within 100 feet of the proposed building, shown to scale, alongside the proposed street facade.
(c) 
Samples of proposed facade, roofing and sign materials.
(d) 
Site plan indicating exterior lighting photo metrics, spread and intensity.
(e) 
Perspective color renderings illustrating what the proposal would look like if viewed from the street and from the Rondout Creek (if located on waterfront property).
(f) 
Photographs of the site and surrounding area that includes all existing elements required to be shown on the site plans.
B. 
Site planning and landscaping standards.
(1) 
All new development with water frontage along the Rondout Creek must comply with the clustered development pattern as follows:
(a) 
New construction must locate the front facade of the building at, or as close as possible to, the front setback line. Alternately, the Planning Board may require that the front facade align with the facade of an existing building on an adjacent property. This front facade must be placed at the front setback line, with the primary entry facing the street. (1 in Figure 1[1]).
[1]
Editor's Note: Figure 1 is included at the end of this chapter.
(b) 
New construction must locate a side facade of the building at, or as close as possible to, a side setback line. If there is an existing building nearby on an adjacent property, the new construction should be located nearest that side. The intent of this provision is to cluster buildings together in groups, while leaving open, undeveloped areas clustered in groups as well to preserve open space and public views of the creek. (2 in Figure 1).
(c) 
The overall width of the proposed building or buildings on the lot must not exceed 60% of the total width of the front setback line. (3 in Figure 1).
(d) 
Development proposals which are merged from multiple properties, or consist of multiple buildings, must cluster the structures together to form areas of denser development. (4 in Figure 1).
(e) 
Development along the waterfront must attempt to work in conjunction with other buildings on the site and adjacent properties to create public plazas or similar exterior spaces. (5 in Figure 1).[2]
[2]
Editor's Note: Figure 1 is included at the end of this chapter.
(2) 
All new development with water frontage along the Rondout Creek must provide a continuous pedestrian esplanade along the width of the property adjacent to the waterway. This esplanade must link to the esplanade(s) on adjacent properties, and must also be linked to a public right-of-way by a waterfront access path. The pedestrian esplanade and waterfront access paths should be open to public access during the hours from dawn to 9:00 p.m. (6 in Figure 1).
(a) 
The waterfront access paths to and from the public street may be provided through the ground floor interior of a building on the site and be restricted during business closing hours.
(b) 
Waterfront access paths should be identified as a throughway to and from the water with a City-approved sign and provide a view of the water from street level (1 in Figures 2 and 3). See Figure 19 for sign specifications.[3]
[3]
Editor's Note: Figures 2, 3 and 19 are included at the end of this chapter.
(c) 
Waterfront access paths should be differentiated from adjacent outdoor areas such as patios or plazas with a visual or physical separation of materials or plantings. They should be maintained and kept clear of tables, displays and other obstructions during public access hours. (2 in Figure 3).
(d) 
Waterfront access paths may be provided along a side property line so that it is a shared access arrangement with the neighboring property. Such paths would meet the waterfront access requirements of both properties simultaneously. Waterfront access paths located along the property line between adjacent buildings are hereby referred to in this section as "gateways." (3 in Figure 3).[4]
[4]
Editor's Note: Figure 3 is included at the end of this chapter.
(e) 
Trees should be incorporated (existing) or added (new) along waterfront access paths no less than once every 40 feet (4 in Figure 3). City-approved tree grates should be used at new tree locations when incorporated into paving (3 in Figure 4[5]).
[5]
Editor's Note: Figure 4 is included at the end of this chapter.
(f) 
At least one public bench and trash receptacle should be provided no less than every 200 feet along a waterfront access path or pedestrian esplanade. (2 in Figure 2[6]).
[6]
Editor's Note: Figure 2is included at the end of this chapter.
(g) 
Waterfront access paths and pedestrian esplanades should be illuminated with City-approved lamps at least once every 50 feet (3 in Figure 2). See § 405-31.1H for exterior lighting and lamp requirements.
(h) 
These pedestrianways must meet all requirements of the Americans with Disabilities Act, including the transitions from one property to another.
(3) 
The primary building facade and public entry must always face the street and be parallel to the front lot line. The building width along the front facade should be maximized to increase front facade exposure wherever possible (1 in Figure 4).
(4) 
New development must work together with adjacent properties to coordinate shared parking, service and delivery areas, where possible. Such areas would share a common curb-cut (1 in Figure 7[7]).
[7]
Editor's Note: Figure 7 is included at the end of this chapter.
(5) 
Sidewalks must be provided along the full width of the property adjoining a public street, and provide direct access to the primary entry (2 in Figure 4).
(6) 
All off-street parking, loading dock and trash storage facilities must be located at the side of the lot. No parking, loading dock or trash storage facilities are permitted closer to the street than the front facade of the building. No parking, loading dock or similar services are permitted within 25 feet of the water on waterfront properties, or 10 feet from the rear lot line on non-waterfront properties.
(a) 
Off-street parking, loading docks and trash storage facilities must be screened from view from the public street, waterway and pedestrian access paths as directed by the Planning Board. Screening must be accomplished with landscaping, existing vegetation or other methods as approved by the Planning Board. (2 in Figures 6 and 7[8]).
[8]
Editor's Note: Figures 6 and 7 are included at the end of this chapter.
(b) 
Off-street parking requirements.
[1] 
The amount of off-street parking required for new development is intentionally reduced in the RF-R Zone waterfront properties to limit the visual impact of large parking areas visible along the creek. This reduction assumes that much of the parking will be accommodated with on-street parking and in shared public lots in the area. This requires fewer parking spaces to be provided on the property for site plan approval. However, new site development plans must illustrate that they have the area to accommodate regular parking requirements as per § 405-34J should it later be determined that the original number of spaces is insufficient. This reserve parking area should be left undeveloped in its natural vegetative state, or landscaped as green space (1 in Figure 6).
[2] 
Required number of off-street parking spaces in RF-R District waterfront properties:
[a] 
Handicapped spaces: as required by law.
[b] 
All other spaces: twenty-five-percent reduction from parking space ratios required in § 405-34J.
(c) 
In order to reduce the amount of parking lot along the waterway, off-street parking areas required in the RF-R Zone are intended to be temporary. If sufficient public parking is made available in the future around the project area, the Planning Board may later require that the off-street parking area near the water be removed or reduced. Service and delivery drives may remain, however.
(d) 
Off-street parking and similar paved areas must be designed in regular, rectangular shapes which efficiently minimize the amount of impervious surface area. Such impervious surface area should be properly drained to eliminate water runoff towards the creek.
(e) 
Off-street parking areas must be limited to individual areas of no more than 20 spaces per grouping. Individual groups must be separated by meaningful landscaped areas which include trees and ground cover as directed by the Planning Board (4 in Figure 7[9]).
[9]
Editor's Note: Figure 7 is included at the end of this chapter.
(f) 
Off street parking on waterfront properties must be oriented along a north-south axis (perpendicular to the creek) to limit exposure along the waterway whenever possible (3 in Figures 6 and 7).
(7) 
Properties in the RF-R District are limited to one curb-cut access per property, unless otherwise approved by the Planning Board. Curb-cut and driveways widths must only be as wide as necessary to accommodate the needed travel lanes. Curb-cut radiuses must be no larger than five feet (1 in Figure 7).
(8) 
No development will be permitted beyond the water's edge except as necessary for the creation of docks, marinas, boat ramps and similar maritime function access.
(a) 
Habitable spaces, including sheds, marina offices or enclosures permanently docked or constructed beyond the water's edge for the purposes of commercial business are prohibited.
(b) 
Marine vessels along the waterway of Rondout Creek intended for commercial use, display or educational purposes, excluding those with a valid City or state docking lease, are required to obtain a special permit and may not dock or be moored for more than 30 days in any six-month period unless otherwise provided by the special permit. Consideration for issuance of said permit shall include, but not be limited to, general aesthetics, public health and safety, maintenance, etc.
(c) 
Elements permanently constructed beyond the water's edge must not extend higher than 15 feet above mean high-tide level.
(d) 
No lighting fixtures may be located beyond the water's edge except those used for pedestrian safety and walkway illumination. See § 405-31.1H for lighting standards.
(9) 
Installation or replacement of bulkhead will be designed by a professional engineer and submitted to the Planning Board and City Engineer for review and approval, and shall conform visually in scale and height with nearby bulkhead. Where the promenade is adjacent to the bulkhead, the bulkhead structure shall have a twelve-inch-by-twelve-inch, wooden cap beam to match the design in TR Gallo Park.
C. 
Height, scale and massing.
(1) 
New construction in the RF-R District must comply with the height, scale and massing requirements illustrated in Figure 8[10] for either waterfront or non-waterfront properties.
(a) 
Minimum building height.
[1] 
Two-story minimum building height is required along the front facade facing the street in both waterfront and non-waterfront properties. The majority of the building mass should be placed at the front of the site to maximize front facade exposure, however the building height may step down to lower levels in the rear (1 in Figure 8). Corner lots may place a majority of the building mass at the corner. Maximum building height is 35 feet within 100 feet of the creek, and 42 feet beyond 100 feet.
[2] 
The City may elect to waive the two-story height requirement in some instances where it would obstruct existing views of the creek.
(b) 
The second floors of new construction must provide habitable space measuring at least 12 feet in depth measured back from the front facade (2 in Figure 8). No false facades are permitted. Maximum parapet height is four feet unless otherwise required by state or federal codes.
(c) 
No portion of the facade may extend more than 40 feet in length horizontally without a facade transition. A "facade transition" is defined as a change in the entire plane of the facade where it steps (forward or backward) at least 24 inches. Such transitions should not occur more than once in a four-foot span along the facade (3 in Figure 8).
(d) 
No portion of the roofline may extend more than 40 feet in length horizontally without a roofline transition. A "roofline transition" is defined as a change in the height of the roofline where it steps (up or down) at least 24 inches. Such transitions should not occur more than once in a four-foot span along the facade (4 in Figure 8).
(e) 
Facade and roofline transitions should be used to highlight important areas of the facade, such as a building entry (5 in Figure 8).
[10]
Editor's Note: Figure 8 is included at the end of this chapter.
(2) 
Small scale building materials similar to those recommended in § 405-31.1F(2) are required as the primary building material along the front facade and waterfront facade of all new construction.
(3) 
Areas of blank wall larger than an eight-foot radius circle are not permitted on the front or waterfront facades of new construction (6 in Figure 8[11]). Areas of blank wall larger than a sixteen-foot radius circle are not permitted on the side facades of new construction. "Blank wall" is defined as an area of facade which does not contain any decorative articulation of materials which measure at least two inches in depth, or openings such as windows and doors.
[11]
Editor's Note: Figure 8 in included at the end of this chapter.
D. 
Roofs.
(1) 
Mansard roofs, shed roofs, fake roof fronts, built-out roof frames which are hung from the facade and similar applied designs are prohibited as primary roof types.
(2) 
New construction with a flat roof is required to be capped by an architectural cornice design that is a sculptural expression of the primary facade material, wood or simulated wood design, at the top of all facades. This articulated parapet or cornice design must be at least 12 inches tall on one-story facades and at least 24 inches tall on facades of two or more stories. Maximum parapet height is four feet unless otherwise required by state or federal codes.
(3) 
New construction with a sloped roof must have a minimum roof pitch of no less than 5:12 on primary roof areas (not including dormers, entry canopies or similar secondary roof elements) or a maximum pitch of 12:12.
(a) 
The tallest portion of the roof must be orientated to place at least one gable-end facing the street.
(b) 
Roof overhangs at the eave and gable ends must be at least eight inches deep.
(4) 
New roof construction must be designed so as to divert the fall of rain and snow away from pedestrian areas such as walkways and doors.
(5) 
Air-handling units, condensers, satellite dishes and other equipment placed on the roof must be located and screened from view so as not to be readily visible from the street or waterway. The Planning Board may require that roof-mounted equipment be visually minimized with painted colors and finish complementary to the overall building design.
(6) 
See Materials List in Figure 14 for approved roof materials.[12]
[12]
Editor's Note: Figure 14 is included at the end of this chapter.
E. 
Facade composition and fenestration.
(1) 
The front and waterfront facades of new commercial construction must be organized in a base - middle - top configuration as illustrated in Figure 10.[13]
(a) 
The base level consists of the most open and sculptural facade expression at the first floor. The amount of door and window openings should equal between 75% to 90% of the facade in this area (1 Figure 10).
[1] 
Individual window openings in the facade cannot exceed 12 feet in width, and must be separated from each other by at least 18 inches of facade. Window glass area cannot exceed five feet in width without being separated by at least six inches of mullion.
[2] 
Window frames must be recessed at least five inches back from the plane of the facade. The primary entry doorway to the street must be recessed at least 12 inches back from the plane of the facade, and should express the greatest amount of facade articulation.
[3] 
The base should be capped by a cornice element or other transition having a change in depth, materials and color which differentiates it from the upper levels. The cornice element should be designed to accommodate the desired facade lettering or signs for the property. See § 405-31.1G, Signs and sign lighting.
(b) 
The middle level consists of the upper floors, and has a lower fenestration level than the first floor. The amount of window openings should equal between 25% to 50% of the facade in this area (2 in Figure 10).
[1] 
Individual window openings in the facade at this level cannot exceed six feet in width, and must be separated from each other by at least 24 inches of facade. Window glass area at this level cannot exceed three feet in width without being separated by at least four inches of mullion.
[2] 
Window frames must be recessed at least two inches back from the plane of the facade.
(c) 
The top level consists of the roof or cornice of the building (3 in Figure 10). See § 405-31.1D, Roofs.
[13]
Editor's Note: Figure 10 is included at the end of this chapter.
(2) 
The front and waterfront facades of new commercial construction must express structural elements and bay divisions on the exterior facade with the use of pilasters, recessed archways and similar relief. Such relief must measure at least two inches in depth. This facade expression may be required by the Planning Board on side facades which have blank wall areas as defined in § 405-31.1C(3).
(3) 
The front and waterfront facades of new construction with masonry exteriors are required to visually express the structural lintels over windows, doors, archways and similar openings (4 in Figure 10). See Materials List in Figure 14 for a listing of approved lintel materials.[14]
(a) 
The rhythm of facade elements across the front or waterfront facade must be arranged in an easily recognizable pattern, such as a repeating or symmetrical layout. Breaks or fluctuations to the facade pattern should be reserved to highlight areas of special interest, such as entry points to the building. (1 in Figure 11[15]).
[15]
Editor's Note: Figure 11 is included at the end of this chapter.
(b) 
New construction adjacent to or added to existing historic structures should match the rhythm of facade elements of the existing building (2 in Figure 11).
[14]
Editor's Note: Figures 10 and 14 are included at the end of this chapter.
(4) 
The proportion of facade elements such as windows, window divisions and bays must have a vertical orientation (taller than they are wide) of at least x wide to 1 .75x tall. The proportions of individual elements should be used consistently throughout the design, such that all windows and their divisions are generally of the same proportion (3 in Figure 11).
(a) 
New construction adjacent to or added to existing historic structures should match or be compatible with the proportion of facade elements of the existing building (4 in Figure 11).
(b) 
Horizontally proportioned elements (wider than they are tall) must be used sparingly. Strong horizontal influences such as overly bold fascias, strip windows or banding designs of brick are prohibited.
(c) 
The proportion of structural facade elements, such as columns, pilasters and posts, must be designed accordingly with the weight they appear to be carrying (1 in Figure 12[16]).
[16]
Editor's Note: Figure 12 is included at the end of this chapter.
F. 
Materials and colors.
(1) 
All proposed work within the RF-R District must present, protect and maintain the use of existing exterior materials of historic structures whenever possible. If replacement is necessary, replace with like materials which have the same basic forms and proportions.
(a) 
Existing exterior materials removed for demolition should be salvaged for use in patching or as new exterior material in additions whenever possible.
(b) 
Additions to existing historic structures must use exterior materials which match the basic form, proportions and material of the original building. Exact material matches for color and texture are not required.
(c) 
The covering or concealing of existing historic exterior materials with new materials is prohibited. The Planning Board may require that newer existing exterior materials be removed to reveal historical surfaces underneath, if appropriate.
(2) 
Smaller scale materials are required on front and waterfront facades of all new construction. See Materials List in Figure 14 for recommended materials.[17]
(a) 
When using more than one material on the exterior facade, one material must be used as the primary theme with others used only sparingly to complement or accent the design. The use of a varidy of design styles or materials across the facades of the same building is prohibited.
(b) 
When making a transition from one material to the next, the change must occur at hard-edge or depth transition in the facade which creates a surface for one material to terminate into before the next one begins, as illustrated in Figure 13.[18]
[18]
Editor's Note: Figure 13 is included at the end of this chapter.
(c) 
Special designs or decorative patterns created in the exterior materials are encouraged.
[17]
Editor's Note: Figure 14 is included at the end of this chapter.
(3) 
All exterior colors must be of a natural, muted shade. Brighter, more vibrant colors, if used, must be reserved for minor accents and highlights only. All exterior colors, including paint, dyes, awnings, signs and lights, must be approved by the Planning Board.
(a) 
When using more than one color on the exterior facade, one color must be used as the primary theme with others used only sparingly to complement or accent the design.
(b) 
When making a transition from one color to the next, the change must occur at bard-edge or change in depth in the facade which creates a surface for one color to terminate into before the next one begins (1 in Figure 13).
G. 
Signs and sign lighting.
(1) 
All new signs, facade lettering and sign lighting must be approved by the Planning Board.
(2) 
Installing new signs which cover or obscure architectural features of existing historic structures is prohibited. Installing new signs which are incompatible with the architectural style, scale, location, materials or color of an existing historic structure is prohibited.
(3) 
All properties must display their street number on the front facade next to or above the primary entry. Street numbers should be sized according to the lettering size chart in Figure 15,[19] and should contrast well with their background.
[19]
Editor's Note: Figure 15 is included at the end of this chapter.
(4) 
Commercial properties are permitted one instance of a surface-mounted signboard or applied facade lettering per commercial tenant.
(a) 
The allowable size of lettering on signboards or applied facade lettering is specified in Figure 15, Lettering Size Chart, based on the distance from the street to the front facade.
(b) 
The allowable size of signboards is specified in Figure 16, Sign Layout, based on the size of the lettering.[20]
[20]
Editor's Note: Figure 16 is included at the end of this chapter.
(c) 
New commercial construction must design the front facade specifically to accommodate an area or areas for surface-mounted signs or applied facade lettering. The applied facade lettering or signboard should be framed by the architecture of the facade itself whenever possible. Areas of the facade specifically designed for signs and lettering should be sized roughly according to Figure 16, Sign Layout. However, the Planning Board permits flexibility in the length of this area to allow businesses with longer names to replace businesses with shorter names.
[1] 
Continuous, uninterrupted fascia designs meant only as a backdrop to sign placements are not permitted.
[2] 
Commercial properties with multiple tenants must coordinate the size, placement and design of signs and street numbers so as to present a consistent appearance.
[3] 
Signs or lettering which is mourned on the vertical, horizontal or sloped surfaces of the building roof or on roof fascias are not permitted.
(5) 
Sign text or applied lettering must be limited to the name of the business and an optional brief description of the nature of the business or slogan only. Business logos, if used, must be sized according to Figure 16, Sign Layout.
(6) 
Businesses which are not immediately visible from the road may, in addition to a surface-mounted or applied facade lettering sign, have one freestanding sign placed near the road. Freestanding signs must be sized and placed according to Figure 17, Freestanding Signs.[21]
(a) 
If this property contains more than one business, those businesses must share a common freestanding sign.
(b) 
Street address numbers should be included on all freestanding signs (1 in Figure 17).
(c) 
Businesses which utilize a freestanding sign must limit the size of their facade signs or lettering and the lettering on the freestanding sign to that allowed for a building which is 21 feet from the street.
[21]
Editor's Note: Figure 17 is included at the end of this chapter.
(7) 
In addition to the signs allowed in this section, commercial properties are permitted to have window lettering.
(8) 
All signs should be clear and legible. The lettering used should contrast well with the background color and have a width-to-height ratio which is roughly square. Stretched fonts and multicolored text are prohibited unless expressly part of the business logo design.
(9) 
Sign lighting, if used, must be provided only from shielded, downward facing lamps which direct light only around the immediate sign surface as illustrated in Figure 18.[22] Bare bulbs must not be readily visible from the public way. Illumination levels on the surface of the sign face should not exceed two footcandles. Illuminated signs are encouraged to utilize light-colored lettering on a dark background to reduce glare.
(a) 
Internally lit signs are prohibited.
(b) 
Laser-light, pulsing, flashing or LED (light emitting diode) signs are prohibited.
(c) 
Neon signs may be permitted with approval, provided that the neon tubes comprise the sign lettering only.
(d) 
Sign lighting must be turned off by 10:00 p.m., or at the close of business, whichever is later.
[22]
Editor's Note: Figure 18 is included at the end of this chapter.
(10) 
Temporary signs.
(a) 
A single temporary sign advertising a special event or announcement is permitted no more than four times a calendar year for any commercial business, provided they are limited to a maximum of six square feet (each side), are located on the business premises and are displayed for no more than seven consecutive days.
(b) 
Temporary signs, such as those provided for announcing public election candidates, real estate for sale, contracting work or similar purposes are permitted, provided they are no larger than 12 square feet (each side) and are removed immediately after the completion of the event. Temporary signs announcing new commercial construction projects must not exceed 32 square feet.
(c) 
Sign trailers, signs on wheels or signs placed on vehicles are prohibited.
(d) 
Temporary signs must be located in accordance with the setbacks for freestanding signs.
(e) 
Banners, streamers, balloons, blimps and similar advertising devices are prohibited.
(11) 
Preexisting businesses which do not currently conform to these sign requirements must submit new sign designs for approval within three years of the date of adoption of this section.
H. 
Exterior lighting.
(1) 
All exterior lighting used for signs, walkways, docks, parking lots, canopies, security and facade lighting should be full cut-off or recessed fixtures which project light downward only, with no exposed bulbs readily visible from the public way. The light from these fixtures should not spill over into adjacent properties, and provide only as much illumination as required on the target surfaces as specified in Figure 21.[23]
(a) 
Sidewalk lighting fixtures along the street must be of Style A or B and must not exceed 22 feet or 12 feet in height respectively.
(b) 
Esplanade, waterfront access path or other walkway lighting must be of Style B and not exceed 12 feet in height.
(c) 
Parking and security lighting must not exceed 18 feet in height.
(d) 
Facade lighting must be shielded and mounted so as to only distribute light directly up or down along the plane of the facade.
(e) 
Landscape lighting may be directed upwards with Planning Board approval only, provided that the fixtures are fully shielded and no bare bulbs are readily visible from the public way. Landscape lighting should not exceed two feet in height.
(f) 
Dock lighting must be shielded, directed downward and not exceed three feet in height.
[23]
Editor's Note: Figure 21 is included at the end of this chapter.
(2) 
Internally lit canopies and awnings are prohibited.
(3) 
Metal halide and incandescent lamps are recommended for typical exterior uses. Mercury vapor, low-pressure sodium and high-pressure sodium can be used with Planning Board approval only. Neon and laser lights are prohibited.
[Added 11-12-2008 by L.L. No. 4-2008]
A. 
General.
(1) 
Purpose. These standards were created to protect the existing historic development patterns and aesthetics within the Broadway Overlay District and promote new development which enhances the visual appearance of the City. They are intended to act as a tool for property owners, developers and planners to help streamline the design approval process by specifying the desired development characteristics up front during the design process. Figures illustrating many of the concepts herein are included at the end in Appendix 1.[1]
[1]
Editor's Note: Appendix 1 is included at the end of this chapter.
(2) 
Applicability. This section applies to all new development, redevelopment, facade work or other exterior improvements which require a building permit; work involving the addition or modification of exterior commercial signage, material colors and lighting or other exterior work within the Broadway Overlay District.
(3) 
Severability. Should any section, paragraph, sentence, clause, word or provision of this section be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provisions of this chapter.
(4) 
In the event of a conflict between this section and other portions of the Zoning Code, the Zoning Enforcement Officer (ZEO) will determine which requirement governs. Improvements under these standards are subject to applicable Americans with Disabilities Act Accessibility Guidelines (ADAAG).
(5) 
The Heritage Area Commission is hereby designated as the Review Board to review proposals governed by this § 405-31.2 and to perform all of the functions of the "Review Board" as hereinafter set forth.
[Amended 8-7-2012, approved 8-9-2012]
(6) 
Prior to the commencement of any work governed by this section, documentation of the proposed work shall be submitted to the Review Board for assessment of compliance with this section. The Review Board is authorized optionally to refer the applicant's proposal to other local agencies, including, but not limited to, the Zoning Board of Appeals, Heritage Area Committee or other design review body for comments and recommendations prior to making a decision.
(7) 
The Review Board is required to issue a decision to approve, or deny with design recommendations, a proposal based on its compliance with this section within a period of 60 days from the date of submission. Failure to issue a decision within the time period shall constitute approval of design considerations covered by this section, unless such time period is extended by motion of the Board.
(8) 
All proposed work within the Broadway Overlay District must preserve, protect and incorporate the exterior facades of existing historic structures into any proposed development plans. Historic structures are defined in this section as any construction which is listed on, or is eligible to be listed on, the National Historic Register, NYS Historic Register and City of Kingston list of designated properties.
(9) 
All proposed work within the Broadway Overlay District must preserve, protect and incorporate the original forms and shapes of existing roofs on historic structures into any proposed development plans.
(10) 
All proposed work within the Broadway Overlay District must make reasonable attempts to preserve, protect and incorporate existing buildings and/or their facades into any proposed development plans through renovation and adaptive reuse.
(11) 
Waivers.
(a) 
The Review Board is hereby empowered and authorized to waive or vary any design standards or requirements in this section within the Broadway Overlay District by a majority-plus-one vote. Any such waiver must be accompanied by a written findings statement outlining the reasons such waiver is merited, and may be exercised in the event of the following:
[1] 
The nonconforming elements meet the spirit and intent of the design goals contained herein as defined by the Review Board; and
[2] 
The specific standards or requirements are not appropriate to a particular development or project.
(b) 
The Review Board shall also have the authority to impose reasonable and appropriate conditions on the grant of any waiver to protect the district.
(12) 
In addition to any required site plan application submissions, new site development plans in the Overlay District are required to submit the following:
(a) 
Site plan which specifies all proposed demolition and construction work and includes:
[1] 
Existing structures and pedestrianways on adjacent properties that are within 50 feet of all property lines.
(b) 
Building elevations, at a minimum scale of 1/8 inch equals one one foot, of all facades, which specifies all proposed demolition and construction work and includes:
[1] 
Exterior materials, changes or transitions in materials, surface lighting, surface signs, street number, awnings and similar facade accessories.
[2] 
Proposed alterations or changes to existing facades, if any.
[3] 
Elevations of new buildings being proposed must include the full facades of any adjacent structures within 50 feet of the site along Broadway for context.
(c) 
Samples of any new proposed facade, roofing and sign materials.
(d) 
Site plan indicating exterior lighting photometrics, spread and intensity.
(e) 
A perspective color rendering illustrating what the proposal would look like if viewed from the street as a pedestrian.
(f) 
Photographs of the site and surrounding area, including all existing elements required to be shown on the site plans and existing buildings within 50 feet of the proposed project site.
(13) 
Facade alteration or renovation proposals in the Overlay District are required to submit the following:
(a) 
Building elevations, at a minimum scale of 1/8 inch equals one foot, of all facades, which specifies all proposed demolition and construction work and includes:
[1] 
Exterior materials, changes or transitions in materials, surface lighting, surface signs, street number, awnings and similar facade accessories.
[2] 
Proposed attentions or changes to existing facades, if any.
(b) 
Samples of any new proposed facade, roofing and sign materials.
(c) 
Photographs of the site and surrounding area, including all existing elements required to be shown on the site plans and existing buildings within 50 feet of the proposed project site.
(14) 
Signage or exterior lighting proposals in the Overlay District are required to submit the following:
(a) 
Drawings of the proposed sign or copy change, at a minimum scale of one inch equals one foot, of all signs or lettering, which includes some context of the building facade where it is proposed to be mounted.
(b) 
Other sign information regarding illumination methods, hours of illumination and mounting method.
(c) 
Photographs of the site or building which include the proposed sign or lighting mounting location, any existing signs or lighting and the adjacent properties.
(d) 
Documentation, such as cut-sheets from the manufacturer, of any proposed lighting or light fixture, which includes photos, illustrations and performance data of the lamp.
B. 
Site planning, parking and landscaping standards. All new development within the Overlay District must comply with the following:
(1) 
New construction must align the front facade of the building at, or as close as possible to, the front facade of an existing building on an adjacent property. In the case of a discrepancy of setbacks, the new building should align with at least one of the neighboring buildings, or as directed by the Review Board (1 in Figure 1).
(2) 
New construction should attempt to work with any preexisting building patterns found in adjacent or nearby buildings with regards to massing, height, scale and form.
(3) 
New construction should place as much of the building width at the front of the lot as possible to maximize front facade exposure and maintain the street wall. The front facade should be kept parallel to the street (2 in Figure 1).
(4) 
The use of landscaping methods, such as low walls, hedges and tree rows, should be used to help maintain and reinforce a consistent street wall in areas where there are no building facades to define it (3 in Figure 1).
(5) 
The primary entry on all new construction should be easily identifiable, scaled appropriately to the size of the building and should always face the street. In cases where the primary building entry should also be visible from an on-site parking area adjacent to the building, the entry may be placed at the corner of the structure so that it is may be visible from both the street and the parking area (4 in Figure 1).
(6) 
New construction located at corner intersections should place a majority of the building mass at the corner and/or wrap the corner by continuing facade elements such as the cornice on all street elevations.
(7) 
All required off-street parking areas should be located at the side or rear of the building. No parking areas are allowed between the front facade of the building and the curb (5 in Figure 1).
(8) 
All on-site parking, vehicle loading or service areas located within sight of the street must be screened from view using architectural or landscaping methods as directed by the Review Board.
(9) 
On-site parking areas, vehicle loading or service areas should connect to any existing service alleys or adjacent parking areas, if available, to allow alternate means of egress (6 in Figure 1).
(10) 
Proposed on-site parking areas should be located next to any adjacent existing parking lots if possible to provide shared parking opportunities which can serve neighboring buildings simultaneously. Such shared arrangements should share a single curb cut and/or provide direct access from one lot to the other, as directed by the Review Board.
(11) 
Large parking areas in excess of 30 spaces must provide landscaped islands and buffers which break up the visual expanse of paved area as directed by the Review Board. Such medians should include grass, plantings and trees which are spaced a minimum of 30 feet on center (7 in Figure 1).
(12) 
Properties are limited to no more than one curb-cut access to the main street, unless otherwise approved by the Review Board. Curb cuts should only be as wide as necessary to accommodate needed travel lanes. Curb-cut radiuses must be no larger than five feet (9 in Figure 1).
(13) 
Larger developments which may include multiple buildings within the same city block should include pedestrian paths, access routes or plazas through the site which are publicly accessible.
(14) 
City-approved tree grates should be used at new tree locations when incorporated into paving (1 in Figure 2).
(15) 
These pedestrian and parking areas must meet all requirements of the Americans with Disabilities Act, including transitions from one property to another.
C. 
Height, scale and massing. New construction in the Overlay District must comply with the following height, scale and massing requirements:
(1) 
Two-story minimum building height is required on front facades facing Broadway.
(a) 
The City may elect to waive the two-story facade height requirement in some instances where it is deemed inappropriate or where it may create an undue financial burden on the applicant.
(b) 
The second floor facade area of new construction must provide habitable space measuring at least 12 feet in depth measured back from the front facade. No false facades are permitted as a means of meeting the two-story minimum requirement.
(2) 
The majority of the building mass should be placed at the front of the site to maximize front facade exposure and maintain the street wall; however the building height may step down to lower levels in the rear. Corner lots should place a majority of the building mass or height at the corner to visually anchor the block.
(3) 
The height of new buildings should coordinate common heights and facade lines with immediately adjacent buildings (1 in Figure 3).
(4) 
Structures with sloping roof designs should align the gable end of the facade to face the street to maximize facade exposure.
(5) 
For the purposes of determining effective facade height on buildings with sloping roofs, the height of structures with gable ends facing the street should be measured by the vertical distance from the ground to the peak of the roof. Structures which have their roof ridge running parallel to the street should be measured by the vertical distance from the ground to the lowest part of the roof.
(6) 
Maximum parapet height is four feet unless otherwise required by state or federal codes.
(7) 
No portion of the roofline may extend more than 50 feet in length horizontally without a roofline transition. A "roofline transition" is defined as a change in the height of the roofline where it steps (up or down) at least 24 inches. Such transitions should not occur more than once in a four-foot span along the facade (2 in Figure 3).
(8) 
Facade and roofline transitions should be used to highlight important areas of the facade such as a building entry, the center of the facade, or the symmetrical ends (2 in Figure 3).
(9) 
Most of the existing building facades within the district are composed of base, middle and top levels which are readily discernable from each other, and new facade designs should be compatible with that framework (1 in Figure 4).
(a) 
The base level should roughly align with those on nearby buildings (3 in Figure 3) and often rests on a small plinth or watertable which creates a transition between it and the ground.
(b) 
The top level is created by a roof or cornice which is designed to provide a visual cap to the building overall and creates a noticeable transition between the building and the sky (3 in Figure 4).
(10) 
New facade designs should be in keeping with the scale of adjacent buildings. The use of an overall facade composition which breaks the building down into smaller and regular portions, such as bays defined by groups of windows, helps to achieve this (5 in Figure 3 and Figure 4).
(11) 
Small-scale building materials similar to those recommended in Table 1[2] are required as the primary building material along the front facade of all new construction.
[2]
Editor's Note: Table 1 immediately follows Subsection F.
(12) 
Areas of blank wall larger than an eight-foot diameter circle are not permitted on the front facades of new construction (6 in Figure 4). Such blank wall is defined as an area of facade which does not contain any decorative articulation of materials which measure at least two inches in depth, or openings such as windows and doors.
D. 
Roofs.
(1) 
Flat roofs with parapets and gable roofs are historically the most common roof forms found within the district, and new construction should be compatible with that framework. Mansard roofs, shed roofs, fake roof fronts, built-out roof frames which are hung from the facade and similar applied designs are prohibited as primary roof types.
(2) 
New construction with a flat roof is required to be capped by an architectural cornice design that is a sculptural expression of the primary facade material, wood or simulated wood design, at the top of the front facade(s). This articulated parapet or cornice design must be at least 12 inches tall on one-story facades and at least 24 inches tall on facades of two or more stories. The size, depth and relief of any proposed cornice should be compatible with those found on nearby buildings of the same height and include suitable depth to create noticeable shadows (4 in Figure 3 and Figure 4). Maximum parapet height is four feet unless otherwise required by state or federal codes.
(3) 
New construction with a sloped roof must have a minimum roof pitch of no less than 5:12 on primary roof areas (not including dormers, entry canopies or similar secondary roof elements) or a maximum pitch of 12:12.
(a) 
The tallest portion of the roof must be orientated to place at least one gable end facing the street.
(b) 
Roof overhangs at the eave and gable ends must be at least eight inches deep.
(4) 
New roof construction must be designed so as to divert the fall of rain and snow away from pedestrian areas, such as walkways and doors.
(5) 
Air-handling units, condensers, satellite dishes and other equipment placed on the roof must be located and screened from view so as to not be readily visible from the street or waterway. The Review Board may require that roof-mounted equipment be visually minimized with painted colors and finish complementary to the overall building design and set back or screened to be out of the sheet viewshed whenever feasible, as directed by the Review Board.
(6) 
See materials list in Table 1[3] for approved roof materials.
[3]
Editor's Note: Table 1 immediately follows Subsection F.
E. 
Facade composition and fenestration.
(1) 
The front facades of new flat roof construction must be organized in a general base - middle - top configuration (Figures 3 and 4).
(a) 
The base level consists of the most open and sculptural facade expression at the first floor. The amount of door and window openings should be the greatest here, typically between 75% and 90% of the facade, in this ground floor area.
[1] 
Individual window openings in the facade cannot exceed 12 feet in width and must be separated from each other by at least 18 inches of facade. Window glass area cannot exceed five feet in width without being separated by at least six inches of mullion.
[2] 
Window frames must be recessed at least three inches back from the plane of the facade. Flush or curtain wall windows designs are not permitted.
[3] 
The primary entry doorway to the street must be recessed between 12 inches and 48 inches back from the plane of the facade, expressing the greatest amount of facade depth (6 in Figure 3).
[4] 
The base level should be crowned by an entablature element or other transition having a change in depth, materials and color which differentiates it from the upper levels. The entablature element should be designed to accommodate facade lettering or signs for the property. See Subsection G, Signs and lighting.
(b) 
The middle level consists of the upper floors, and has a lower fenestration level than the first floor. The amount of facade articulation and openings should be less here than that found at the ground floor, typically between 25% and 50% of the facade in this area (4 in Figures 3 and 4).
[1] 
Individual window openings in the facade at this level cannot exceed six feet in width, and must be separated from each other by at least 24 inches of facade. Window glass area at this level cannot exceed three feet in width without being separated by at least four inches of mullion.
[2] 
Window frames must be recessed at least two inches back from the plane of the facade.
(2) 
The front facades of new construction with masonry exteriors are required to visually express the structural lintels over windows, doors, archways and similar openings (6 in Figure 4). See materials list in Table 1[4] for a listing of approved lintel materials.
[4]
Editor's Note: Table 1 immediately follows Subsection F.
(3) 
The rhythm of facade elements across the front facade must be arranged in an easily recognizable pattern, such as a repeating or symmetrical layout. Breaks or fluctuations to the facade pattern should be reserved to highlight areas of special interest, such as entry points to the building (1 in Figure 5).
(a) 
New construction directly adjacent to or added to existing structures should be compatible with the rhythm of facade elements of the existing building.
(4) 
The proportion of facade elements, such as windows, window divisions and bays, must have a vertical orientation (taller than they are wide) of at least x wide to 1.5x tall. The proportions of individual elements should be used consistently throughout the design, such that all windows and their divisions are generally of the same proportion (2 in Figure 5).
(a) 
New construction directly adjacent to or added to existing structures should be compatible with the proportion of facade elements of the existing building.
(b) 
Horizontally proportioned elements (wider than they are tall) must be used sparingly. Strong horizontal influences, such as overly bold fascias, strip windows or repeatedly banding designs of brick are prohibited.
(c) 
The proportion of structural facade elements, such as columns, pilasters and posts, must be designed accordingly with the weight they appear to be carrying.
F. 
Materials and colors.
(1) 
All proposed work within the Overlay District must preserve, protect and maintain the use of original exterior materials of historic structures whenever possible. If replacement is necessary, replace with like materials which have the same basic forms and proportions.
(a) 
Existing exterior materials removed for demolition should be salvaged for use in patching or as new exterior material in additions whenever possible.
(b) 
Additions to existing historic structures must use exterior materials which match the basic form, proportions and material of the original building. Exact material matches for color and texture are not required.
(c) 
The covering or concealing of existing historic exterior materials with new materials is prohibited. The Review Board may require that newer existing exterior materials be removed to reveal historical surfaces underneath, if appropriate.
(2) 
All proposed work within the Overlay District must make reasonable attempts to preserve, protect and maintain the original design and exterior materials on existing front facades whenever possible. If replacement is necessary, replace with like materials which have the same basic forms and proportions.
(a) 
Any renovations or alterations to an existing facade should include reasonable attempts to remove any modern day cladding, panels, signboards or similar additions which are concealing the original building design underneath. The Review Board may require that newer existing exterior materials be removed to reveal original surfaces underneath, if appropriate.
(b) 
Original facade materials and designs should be repaired and preserved whenever possible in lieu of replacement or covering with new materials. The removal or covering of original exterior materials with new materials is prohibited unless it can be demonstrated that repairing the original construction would be creating undue financial hardship in the opinion of the Review Board, and approved by the Review Board.
(3) 
Smaller scale materials are required on front facades of all new construction. See materials list in Table 1[5] for recommended materials.
[5]
Editor's Note: Table 1 immediately follows Subsection F.
(4) 
When using more than one material on the exterior facade, one material must be used as the primary theme with others used only sparingly to complement or accent the design. The use of a variety of design styles or materials across the facades of the same building is prohibited.
(5) 
When making a transition from one material to the next, the change must occur at hard-edge or depth transition in the facade which creates a surface for one material to terminate into before the next one begins (1 in Figure 6).
(6) 
Special designs or decorative patterns created in the exterior materials are encouraged.
(7) 
All exterior colors must be of a natural, muted shade. Brighter, more vibrant colors, if used, must be reserved for minor accents and highlights only. All exterior colors must be approved by the Review Board.
(8) 
When using more than one color on the exterior facade, one color must be used as the primary theme with others used only sparingly to complement or accent the design.
(9) 
When making a transition from one color to the next, the change must occur at hard-edge or change in depth in the facade which creates a surface for one color to terminate into before the next one begins (1 in Figure 6).
Table 1
Materials List
Building Element
Recommended Materials
Prohibited Materials
Facade
Common red brick
Multicolored/multi-toned brick
Bare, multicolored/multi-tone (approved color)
Imitation brick siding, asphalt siding
Painted (approved color)
Plain C.M.U. (bare or painted)
Special masonry units (C.M.U.)
Textured C.M.U.
Unfinished, lumber grade wood
Colored (dyed) C.M.U.
Metal, aluminum or vinyl siding
Split-faced C.M.U.
Mirrored or highly reflective siding or panels
Natural stone
Imitation stone
Wood clapboard or shingle
Wood paneling
Finished grade (painted or stained approved color)
Plywood, T-111,
Composite, MDO/MDF board, synthetic wood
Composite, MDO/MDF board
PVC (approved color)
E.I.F.S./stucco
Fibre reinforced cement siding/hardi-plank
Windows
Anodized aluminum frame/storefront
Bare aluminum
Approved color
Reflective flashing
Wood, vinyl clad, PVC frame
Mirrored, colored or dark tinted glass below 70% VLT*
Approved color
Clear, etched, tinted, frosted or stained glass
Expressed lintels over openings
Brick, limestone, colored or bare concrete
Roof
Asphalt shingle (approved color)
Light or reflective materials
Imitation slate
Natural slate
Standing seam metal
Small seam width, approved color
Dark, nonreflective PVC, modified bitumen
Aluminum eave guard
Parapet and chimney caps
Stone, limestone or precast concrete
Metal flashing (approved color)
Other/Miscellaneous
Canvas awning
Plastic, vinyl or other synthetic awnings
3 color maximum, approved colors
Reflective flashing
Concrete, brick, paver or stone sidewalks
Asphalt sidewalks/walkways
Stamped concrete
Wood/synthetic wood porches, boardwalks, ramps
NOTES:
All exterior materials and colors must be approved by the Review Board.
* VLT = Visible Light Transmission.
PVC = Polyvinyl Chloride.
G. 
Signs and lighting.
(1) 
All new signs, facade lettering and lighting must be approved by the Review Board.
(2) 
Applicability. All applicable provisions of § 405-36, Signs, apply, except as otherwise specified in this section. In the event of a conflict between this section and § 405-36, this section shall prevail. Any specifics not covered in this section are governed by § 405-36.
(a) 
Preexisting conforming signs. Preexisting signs which were in conformance with the prior City sign regulations before the date of adoption of these standards may remain as-is and are not required to be modified or removed to be in conformance with this section, until such time as they are changed. Any preexisting sign which is modified, changed in name or business use, enlarged, reconstructed, extended, moved or structurally altered after the effective date of this section are required to be brought into compliance with all applicable provisions of this section.
(b) 
Preexisting nonconforming signs. Preexisting signs which were not in conformance with the prior City sign regulations before the date of adoption of this section shall be considered nonconforming, and must be modified or removed to be in compliance with this section within 30 days of written notice by the City.
[Amended 3-5-2013, approved 3-7-2013]
(c) 
Nonconforming signs. Any sign or accessory signs, such as banners, flags, balloons or similar devices, which are placed on display after the effective date of this section that do not meet the requirements of this section due to design or lack of maintenance are considered nonconforming and must be modified or removed to be in compliance with this section upon written notice by the City.
[Amended 3-5-2013, approved 3-7-2013]
(d) 
Modifications to signs. Any preexisting sign which is modified, changed in name or business use, enlarged, reconstructed, extended, moved or structurally altered after the effective date of this section are required to be brought into compliance with all applicable provisions of this section.
(e) 
New signs. No sign or other device shall be erected, established, constructed, reconstructed, enlarged, extended, moved, or structurally altered after the effective date of this section without application for and issuance of a permit, except as otherwise provided for herein, and must be in compliance with all applicable provisions of this section.
(3) 
The definition of "sign" for this section shall be amended to include any architectural devices, design or treatment, such as painting, striping, lighting or similar methods designed for the purposes of attracting the attention of the public in a manner similar to advertising, and the reviewing board has the authority to regulate in kind.
(4) 
Noncommercial signs or messages are permitted to be substituted for any sign expressly allowed under the time, place and manner of these regulations.
(5) 
Permitted commercial signs. No commercial sign is permitted within the Overlay District unless otherwise noted below:
(a) 
Lettering or signboards. Commercial properties are permitted one instance of surface-applied facade lettering or a surface-mounted signboard per commercial tenant, per street frontage. Such lettering or signboard size should be determined by the lettering size chart in Table 2.[6]
[6]
Editor's Note: Table 2 immediately follows Subsection G(7)(f).
(b) 
Projecting signs. In addition to other permitted signs listed in this section, businesses with a preexisting projecting sign (hung perpendicular to the building facade) are permitted to maintain a projecting sign, provided that it conforms to or is brought into conformity with, these standards within six month of the adoption of these standards.
(c) 
Street addresses. All properties must display their street number on the front facade next to, above or reasonably close to the primary entry or incorporated into approved signage. Street numbers should be sized according to the lettering size chart in Table 2.
(d) 
Window lettering. In addition to other permitted signs listed in this section, commercial properties are permitted to have window lettering. Such lettering should be sized according to the lettering size chart in Table 2 (2 in Figure 7).
(e) 
Window signs. In addition to any other permitted signs listed in this section, commercial properties are permitted to have window signs, provided that the total area of all such window signs per facade does not exceed 20% of the window glass area of that facade. Such signs may consist of notices, posters, neon beer signs and similar commercial devices. Standard business operational signs such as "hours of operation," "closed" and similar signs shall not count toward this total area.
(f) 
Awning sign. In addition to any other permitted signs listed in this section, text on pedestrian awnings is permitted, provided that the text is limited to the business name, slogan and/or street address only. The text height must be located on the vertical front edge of the awning only, and must not exceed six inches in height (Figure 15).
(g) 
Menu sign. In addition to any other permitted signs listed in this section, a wall mounted menu sign is permitted adjacent to the main entry for restaurants and similar establishments, but in lieu of a plaque sign, provided that the total sign area does not exceed four square feet (Figure 17).
(h) 
Plaque sign. Businesses located in the upper floors or rear of a multi-tenant building are permitted one surface-mounted plaque sign per tenant, which is no larger than one square foot in area, located near the primary building entry for the purposes of identifying the additional or secondary tenant spaces. An additional one square foot of plaque sign may be permitted to accommodate the building street address information and/or official building name. Individual plaque signs should be designed in matching style, though no more than three tenant plaque signs are permitted at a given entryway.
[1] 
Directory sign. In lieu of a plaque sign, businesses are permitted a single surface-mounted directory sign for listing four or more tenants, located near the common building entry. Such directory must not exceed six square feet in area, although an additional one square foot may be permitted to accommodate the building street address information and/or official building name.
(i) 
Pedestrian sidewalk signs. Signs designed to identify multiple commercial properties which are in the immediate vicinity yet do not have direct access or visibility to pedestrians from Broadway may be permitted by the Review Board. Such signs shall be no larger than seven feet tall, four feet long, one foot wide and should occur no more than once per block of Broadway. The sign must accommodate at least 10 business names and an area directional map for its selected vicinity which graphically indicates the location of the sign and the businesses listed (Figure 16).
(j) 
Freestanding signs pursuant to § 405-36F.
(k) 
Preexisting painted advertisements, such as those seen on the blank sides of older brick buildings. Such existing advertisements, typically for a product or company which no longer exists, may be restored. New painted advertisements are prohibited.
(6) 
Prohibited commercial signs.
(a) 
Cabinet, box or otherwise hollow signs and letters are prohibited unless they are recessed into the facade or otherwise framed by facade features so it appears fully recessed and are internally illuminated in accordance with the lighting standards of this section.
(b) 
Portable signs, vehicle signs, sign trailers, signs on wheels or similar signs placed on vehicles are prohibited. Signs normally appearing on commercial vehicles owned by the advertised business are exempt from this provision, except such vehicles may not be parked on lands not related to the business for extended periods of time for the sole purposes of acting as off-premises advertising.
(c) 
Banners, pennants, streamers, balloons, blimps and similar advertising devices are prohibited. Banners designed as an integral part of street lampposts or other public amenities may be permitted by special permit to announce special events.
(d) 
Animated, moving, rotating, oscillating, pulsing, flashing, electronic reader board, such as "time and temperature" signs or otherwise changing signs are prohibited, excluding traditional barbershop poles used for said business.
(e) 
Continuous, uninterrupted fascia designs or illuminated canopies meant only as a backdrop to commercial sign placements are not permitted.
(f) 
Commercial billboards, off-site, nonaccessory or similar commercial signs in excess of 100 square feet in area within the Overlay District are prohibited.
[1] 
Any preexisting commercial billboard which is prohibited by this section is hereby given an amortization period from the date of adoption of this section before it must be removed as follows:
Fair Market Value on Date of Notice of Removal Requirement
Years Allowed
Under $1,999
3
$2,000 to $3,999
4
$4,000 to $5,999
6
$6,000 to $7,999
7
$8,000 to $9,999
9
$10,000 and over
10
(g) 
All other signs prohibited in § 405-36.
(7) 
Sign sizing, design and mounting requirements.
(a) 
The allowable size of sign lettering is specified in Table 2, Lettering Size Chart.[7] The allowable size of signboards is based on the size of the allowed lettering using the diagram illustrated in Figure 8.[8]
[1] 
The diagram in Figure 8 illustrates how the overall size of the signboard is limited to that required for the business name, the business description or motto, an optional logo and the empty spaces between. All of these elements are a function of the maximum letting size X.
[2] 
Once the overall size of the board is determined, the actual layout and arrangement of text can be changed to accommodate the desired look (Figures 12, 13 and 18).
[7]
Editor's Note: Table 2 immediately follows Subsection G(7)(f).
[8]
Editor's Note: Figure 8 is included at the end of this chapter.
(b) 
Sign text or applied lettering must be limited to the name of the business and an optional brief description of the nature of the business or slogan only. Business logos, if used, should be sized roughly according to the diagram in Figure 8, Signboard Sizing.
(c) 
Commercial properties with multiple tenants must coordinate the size, placement and design of signs and street numbers so as to present a consistent appearance.
(d) 
Surface applied facade lettering which is framed by the architectural features of the facade is preferred to signboards and should be utilized whenever appropriate (Figures 10 and 11).
(e) 
Installing new signs which cover or obscure architectural features of existing structures is prohibited. Installing new signs which are incompatible with the architectural style, scale, location, materials or color of an existing facade is prohibited.
(f) 
New commercial construction must design the front facade specifically to accommodate an area or areas for applied facade lettering or surface-mounted signs. The applied facade lettering or signboard should be framed by the architecture of the facade itself whenever possible (1 in Figure 7; Figures 10, 11 and12). Areas of the facade specifically designed for signs and lettering should be sized roughly according the diagram in Figure 8, Signboard Sizing. However, the Review Board permits flexibility in the length of this area to allow businesses with longer names to later replace businesses with shorter names.
Table 2 Lettering Size Chart
Type of Sign
Maximum Lettering Size X (name / business description or street number)
Lettering applied directly to facade
18 / 9 (lettering size x = 16)
Signboard applied to facade
14 / 7
Projecting sign
8 / 4 (up to a maximum of 5 square feet each side)
Window lettering
8 / 4
NOTES:
Maximum lettering height for letters applied to the facade and for signboards. To determine the maximum size of an allowable signboards, see Figure 8, Signboard sizing. Any additional text, such as a business description or street number, is always half the height of that permitted for the business name.
(g) 
Signs or lettering which are mourned on the vertical, horizontal or sloped surfaces of the building roof or on roof fascias are not permitted.
(h) 
All signs should be clear and legible. The lettering used should contrast well with the background color and have a width-to-height ratio which is roughly square. Stretched fonts and multicolored text are prohibited unless expressly part of the business logo design.
(8) 
Other signs.
(a) 
Sandwich board sign. In addition to any other permitted signs listed in this section, sandwich board signs advertising a sale, menu or similar information are permitted to be displayed on the sidewalk immediately in front of the business during operating hours, provided that they are limited to a maximum of six square feet each side.
(b) 
Special event. In addition to any other permitted signs listed in this section, a single temporary sign advertising a special event or announcement is permitted no more than four times a calendar year for any commercial business, provided that they are limited to a maximum of six square feet (each side), are located on the business premises and are displayed for no more than seven consecutive days.
(c) 
Temporary signs, such as those provided for announcing public election candidates, real estate for sale, contracting work or similar purposes are permitted, provided that they are no larger than 12 square feet (each side) and are removed immediately after the completion of the event. Temporary signs announcing new commercial construction projects must not exceed 32 square feet.
(d) 
Gasoline service station signs.
[1] 
In lieu of a permitted facade-mounted wall sign or channel lettering, gasoline service stations are permitted a canopy sign not to exceed 16 square feet in area, inclusive of any colored striping or banding effects along the canopy.
[2] 
In addition to other permitted signs in this chapter, gasoline service stations are permitted one monument sign. Such sign shall be no larger than eight feet tall, five feet long (measured perpendicular to the road) and one foot wide (measured parallel to the road). Copy or sign information may only appear on the long sides. Monument signs must be located at or near the primary vehicle entrance to the property no closer than 15 feet from the edge of the road, or otherwise placed so as not to obstruct vehicular sight lines. Such signs shall consist of the business name, brief description or motto, street address, and may include pricing information.
(9) 
Sign lighting.
(a) 
Signs may be illuminated either internally or externally as specified in this section.
[1] 
External sign lighting must be provided only from shielded, downward facing lamps which direct light only around the immediate sign surface (Figures 9, 10 and 12). Bare bulbs must not be readily visible from the public way. Illumination levels on the surface of the sign face should generally not be overly bright or distracting. The Review Board shall have the authority to require after-installation changes to the sign lighting if, in their opinion, it does not meet the requirements of this section.
[2] 
Internally illuminated cabinet or box signs or internally illuminated channel lettering is permitted only when:
[a] 
The cabinet is recessed into the facade or otherwise framed by architectural features so it appears to be recessed (Figure 18).
[b] 
The lettering or logo itself is the only portion of the sign which is translucent or illuminated while any remaining background or sign area is opaque and does not emit light (Figure 18).
[c] 
The color of the illuminated lettering is soft or muted, complementing or matching building colors and uniform throughout a property with multiple tenants.
[d] 
Approved by super majority vote (majority plus one) of the Reviewing Board.
[3] 
Surface-applied facade lettering which is opaque, yet is illuminated by silhouette or backlight is permitted, provided that the source of lighting and associated wiring is fully concealed behind the individual letters.
(b) 
Illuminated neon signs may be permitted with Review Board approval, provided that the neon tubes comprise the sign lettering only.
(c) 
Illuminated signs are encouraged to utilize light-colored lettering on a dark background to reduce glare.
(d) 
All lighting must be generally white or of a muted color with a diffused, nonintermittent light source as approved by the Review Board. All lighting shall not interfere with the comfort and safety of the general traffic and nearby residences.
(e) 
Gasoline service station canopy signs may be directly or indirectly illuminated; however, the canopy roof or its perimeter edge may not be translucent or otherwise illuminated outside of the sign area.
(f) 
Sign lighting must be turned off by 10:00 p.m., or at the close of business, whichever is later.
H. 
Exterior lighting.
(1) 
New streetlighting provided along Broadway should match the fixtures currently being installed in other areas along the public way.
(2) 
All exterior lighting used for signs, walkways, parking lots, security and facade lighting should be full cut-off or recessed fixtures which project light downward only, with no exposed bulbs readily visible from the public way. The light from these fixtures should not spill over into adjacent properties and provide only as much illumination as required on the target surfaces (Figure 9).
(a) 
Parking and security lighting must not exceed 18 feet in height.
(b) 
Facade lighting must be shielded and mounted so as to only distribute light directly up or down along the plane of the facade.
(c) 
Landscape lighting may be directed upwards with Review Board approval only, provided that the fixtures are fully shielded and no bare bulbs are readily visible from the public way. Landscape lighting should not exceed two feet in height.
(3) 
Internally lit canopies and awnings are prohibited.
(4) 
Metal halide and incandescent lamps are recommended for typical exterior uses. Mercury vapor, low-pressure sodium, high-pressure sodium, neon and laser lights can be used with Review Board super majority (majority vote plus one) approval only.
(5) 
Gasoline service station lighting must be achieved by fully recessed, shielded fixtures which emit light directly downward onto the pumping area only, so that the light source itself is reasonably kept from view when observed from the public way or adjacent parcels. Alternately, the underside of arched, vaulted or otherwise concave canopies may be indirectly illuminated by means of up-lighting from fixtures mounted on the canopy supports, providing a general illumination to the pumping area by means of diffused reflection.
Table 3
Recommended Lighting Levels
Lighting Use
Maximum Footcandles
(horizontal)
Average Footcandles
(horizontal)
Minimum Footcandles
(horizontal)
Uniformity Ratio
Parking lot
5.0
3.0
1.0
4:1
Security
5.0
3.6
2.0
4:1
Facade
0.5
-
-
-
Landscaping
0.5
-
-
-
On application and after public notice and hearing, the Planning Board may authorize, by resolution, the issuance of a special permit only for those uses in a district where this chapter requires such a permit. In authorizing the issuance of a special permit, the Board shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to insure the accomplishment of the following objectives. Unless otherwise provided, all special permits shall be valid for a period determined by the Board.
A. 
Objectives.
(1) 
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2) 
That the proposed use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3) 
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a) 
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or incongruous with said residential district or conflict with the normal traffic of the neighborhood.
(b) 
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or diminish the value thereof.
B. 
Procedure. The procedure for a special permit shall be the same as set forth in the General City Law § 27-b.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
C. 
Application. Every application for a special permit shall be submitted in two copies and shall contain the relevant items outlined in § 405-30F, as determined during the presubmission conference.
D. 
Except as to special permits issued pursuant to § 405-27.1, in authorizing the issuance of a special permit, it shall be the duty of the Planning Board to attach such conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the general objectives of this chapter. The Board may require that special permits be periodically renewed. Such renewal shall be granted following due public notice and hearings and may be withheld only upon a determination that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been, or are no longer being, complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the renovation of said permit. Any use for which a special permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that:
[Amended 8-7-2012, approved 8-9-2012]
(1) 
The provision in this chapter under which such permit was issued is still in effect.
(2) 
Such permit was issued in conformity with the provisions of this chapter.
(3) 
Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
(4) 
All applicable provisions of this chapter not otherwise varied by the special permit approval are adhered to.
E. 
No special permit shall be authorized for any activity in an L Landmark Overlay District until such application shall have been referred to the Landmark Preservation Commission in accordance with the site plan procedure outlined in § 405-30D.
F. 
Mixed Use Overlay District.
[Added 8-7-2012, approved 8-9-2012[1]]
(1) 
Any special permit issued pursuant to § 405-27.1 (Mixed Use Overlay District) shall initially be issued for a period of one year. The Planning Board shall have the authority to renew the permit for such period as it determines.
(2) 
Renewal of the permit issued pursuant to § 405-27.1 may be denied upon a determination that the conditions set forth in the permit have not been complied with, on account of violations of the New York State Uniform Fire Safety and Building Code or for reasons of public safety. With respect to special permits issued pursuant to § 405-27.1, the Planning Board need not provide a period of time for the applicant to comply with the conditions of the permit, to cure violations of the New York State Uniform Fire Safety and Building Code and/or matters affecting public safety.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection F as Subsection G.
G. 
Any person or persons, jointly or severally aggrieved by any decision of the Planning Board concerning review of a special permit, may bring a proceeding to review in a manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such decision is illegal, in whole or in part.
A. 
No driveway to or from any public garage or automobile service station shall be within 200 feet (measured along the street line on that side of the street on which such public garage or automobile service station has its main frontage and on which such driveway would cross) of the boundary line of any residence district or of any school, church, park, playground, hospital, public library, institution for dependents or children or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where either premises is located.
B. 
No service station building and no gasoline or oil pump or service appliance, unless within a building, shall be within 15 feet of any street line.
C. 
There shall be no opening in the walls or roof of any public garage, except chimney openings and emergency fire doors, within 15 feet of any property line, unless equipped with wire glass and metal sash and frames.
D. 
All automobile parts, wrecked or damaged motor vehicles or similar articles shall be stored within an approved enclosed area. Major repair work may be carried on outdoors where it is impracticable to do such work within a building, but in no case shall any vehicles requiring such work be stored outdoors for a period exceeding 30 days. Gasoline or oil sales, changing of tires and other similar automobile servicing shall not be considered to be major repair work.
E. 
No automobile service station and no gasoline or oil pump or automotive service appliance, unless within a building, shall be permitted to be established on a lot that is within 1,000 feet of another lot on which there is an existing automobile service station or outdoor gasoline or oil pump or automotive appliance or of another lot for which a building permit has been issued for the erection of such a station, pump or service appliance. This requirement shall in no way be construed to cause any existing use to become nonconforming, except that if such a use has been discontinued for any reason for a period of over one year or has been changed to or replaced by a conforming use, such use shall be subject to the provisions of Article VI hereof.
A. 
Landscaping. Whenever a parking area containing three or more spaces faces a street or a property line, a planting area of a minimum width of three feet with plantings at least three feet high planted three feet on center shall be provided between the parking area and the street line or property line. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Further, not more than 12 parking spaces shall be permitted in a continuous row, and not more than 24 spaces shall be permitted in a single parking area without being interrupted by landscaping approved by the Planning Board. However, if a parking area is located in a side or rear yard, the Planning Board shall have the authority to waive the landscaping requirement of not having more than 12 parking spaces in a continuous row without being interrupted by landscaping.
[Amended 6-6-1995; approved 6-8-1995]
B. 
Screening. Where a parking area for three or more vehicles abuts a residential property, it shall be screened from view by landscaping an opaque fence or wall or other means approved by the Planning Board.
C. 
Two or more uses on the same lot. Except as specified in Subsection D, where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements, if any, for each individual use on the lot.
D. 
Joint use of parking areas.
(1) 
In the case of two or more establishments on the same lot or on contiguous lots, the Planning Board may approve the joint use of parking areas with a total capacity of not less than 50% of the sum of the spaces required for cars and using the same driveways giving access thereto, provided that the same Board finds that the proposed capacity will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments.
(2) 
Joint use of parking areas shall be subject to the following requirements:
(a) 
If a use is enlarged or changed, the Planning Board shall have the discretion to require full compliance for each separate use upon finding that conditions justifying joint use no longer exist.
(b) 
Such area shall be sufficient to provide the total number of parking and loading units required collectively of the participating owners.
(c) 
An agreement for the construction, use and maintenance of such joint parking and loading area, and the cost thereof, shall be entered into by all participating owners on a basis deemed equitable by the Planning Board, and the continuance of such agreement and such proper maintenance shall be guaranteed by a covenant filed with the site plan and attached to the deed of each participating property binding each participating owner and his successors in interest for the life of the joint use of the facility and a bond in an amount sufficient to cover maintenance and repair as estimated by the City Engineer and satisfactory to the Corporation Counsel as to form and adequacy of guaranty, which covenant and bond shall run for a period of not less than 20 years.
(d) 
Upon findings that the foregoing conditions have been met and where the joint parking facility adjoins or straddles a joint lot line, the Planning Board may, for the period covered by such agreement and bond, waive temporarily the requirements for side yards, including landscaping along property lines.
E. 
Layout and location of off-street parking facilities.
(1) 
The plans for new buildings or the enlargement of floor areas in existing buildings or the conversion to additional dwelling units shall show specifically the location and size of off-street parking facilities required to comply with any applicable requirements hereof and the means of access to such space from the public streets or highways.
(a) 
Access shall consist of at least one fifteen-foot-wide lane for parking areas with fewer than 20 spaces and at least two ten-foot-wide lanes for parking areas with more than 20 spaces.
(b) 
No entrance or exit to any off-street parking area with a capacity of more than four spaces shall be located within 50 feet of any street intersection nor exceed a grade in excess of 6% within 25 feet of any street line nor 10% at any other point. All points of ingress or egress shall be appropriately signed unless such signing is considered unnecessary by the Planning Board.
(c) 
Where the topography of a site is such that a potential safety hazard for parked vehicles exists, the Planning Board may require barriers or other safety devices to be incorporated into the design of the parking area.
(2) 
Each required space, exclusive of drives and aisles, shall be not less than 18 feet long nor less than nine feet wide and shall be served by an aisle between rows of parking spaces not less than 22 feet wide. The minimum aisle space may be reduced for angle parking, but in no case shall the aisle space be less than 16 feet. All spaces shall be clearly marked. Except as may be otherwise provided, required off-street parking facilities may be enclosed in a structure or may be located in the open, provided that such required parking facilities are graded, surface drained and maintained to the extent necessary to avoid nuisances of dust, erosion or excessive water from across public ways; or paved with asphalt, oil and chip or other material that is equivalent in durability. Upon a determination by the Planning Board that the required number of parking spaces would be greatly in excess of the need of a particular use on a given lot, said Board may waive the requirement that all such spaces be surfaced to the extent that it may deem the number required to exceed the actual need.
(3) 
Off-street parking areas shall be adequately illuminated for convenience and safety, but no lighting in parking areas shall cause glare on adjoining property.
(4) 
Off-street parking spaces in residential districts shall not project nearer to the street on which the principal building fronts than the required front yard setbacks for such building.
[Added 7-7-1987; approved 7-8-1987]
(5) 
Compact car parking, up to a maximum of 30% of the required parking, shall be allowed with the approval of the Planning Board. Such compact car spaces shall be not less than eight feet wide and 16 feet long. Minimum aisle width shall not be less than 22 feet wide.
[Added 7-7-1987 approved 7-8-1987; amended 7-7-1992, approved 7-8-1992]
F. 
Connections between abutting parking areas. Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships so as to facilitate the flow of traffic.
G. 
Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained throughout the life of any use or structure which said facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for the use of those persons who are employed at, or making use of, such structures and uses, except when dedicated to, and accepted by, the City as public parking areas.
H. 
Waiver of parking requirements. All or portions of the on-site off-street parking requirements may be waived by the Planning Board, provided that:
(1) 
The proposed use is within 400 feet of a municipally operated off-street parking facility or privately owned and operated parking area.
(2) 
The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility or, in the case where a nearby private parking area is to be utilized, the private parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Board shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal or private parking facility.
(3) 
Where a private facility is to be utilized, the applicant shall provide assurance that such facility will be available for the life of the proposed use.
I. 
Effect of parking requirements on existing uses.
(1) 
Structures and land uses in existence, or for which building permits shall have been approved as of the effective date of this chapter, shall not be subject to the requirements for off-street parking spaces set forth in this chapter, provided that any parking facilities now existing and serving such structures or uses shall not in the future be reduced, except to the extent that they exceed such requirements.
(2) 
In the event that it is proposed to expand any use not now meeting the parking requirements, the applicant shall be required to provide additional facilities so that the use, as expanded, shall meet fully all parking requirements.
J. 
Parking space ratios.
(1) 
Residential and related uses.
[Amended 12-18-2002, approved 12-23-2002]
Use
Minimum Parking
1- or 2-family residence
2 spaces per dwelling unit
Multifamily dwelling
1 space for each studio or efficiency apartment; 1.5 spaces for each 1-bedroom apartment; 2.0 spaces for each 2-bedroom or larger apartment; for dwellings designed to be occupied at least 90% by persons 62 years of age or older, 0.5 spaces per apartment, plus an additional 10% of the total required spaces for visitor parking in all cases
Church or place of worship
1 space per 4 seats
Elementary or junior high school
1.25 spaces per staff member
High school
1 space per staff member, plus 1 space for each 5 seats in the largest assembly hall
College or university
1 space per staff member, plus 0.75 spaces per student, plus 1 space for each 5 seats in the largest assembly hall
Day-care center or nursery school
1 space per staff member, plus 1 space for each classroom
Museum, art gallery, library or cultural center
1 space per 300 square feet of gross floor area
Golf, swimming or country club
1 space per member or member family
Membership club or lodge
1 space per 5 members or 1 space for each 4 seats in the largest assembly hall or meeting area or 1 space per 100 square feet of space in the largest meeting room, whichever is greatest
Community center floor area
1 space per 300 square feet of gross
Hospital
1.5 spaces per each patient bed
Convalescent home, skilled nursing home, residential care/assisted-living facility
1 space per 3 beds, plus 1 space for each staff member on the largest shift
Kennel, animal hospital
1.25 spaces per employee or 1 space for each 200 square feet of gross floor area, whichever is greater
Group home or agency community residence
1 space per full-time staff member, plus 1 space for each 3 resident children or 1 space for each adult in facilities where residents may drive
Rooming house or boarding-house
1 space per roomer and/or boarder, plus 1 space for each employee
(2) 
Commercial and office uses.
Use
Minimum Parking
Professional office in a residence
3 spaces per office in addition to that which is required for the residential use
Home occupation
2 spaces in addition to that which is required for the residential use
Office buildings, other than medical or dental office
1 space per 300 square feet of gross floor area
Medical or dental office
4 spaces per doctor or dentist, plus 1 for each 2 employees
Theater
1 space per 4 seats or 1 space for each 100 square feet of gross floor area, whichever is greater
Conference center or training facility
1 space per 4 seats in the largest assembly hall or meeting area, plus 1 space for each 4 seats in classroom facilities
Bank or post office
3 spaces per teller or service window
Hotel or motel
1 space per guest room, plus 1 space per 600 square feet of space outside of guest rooms, corridors and equipment storage areas
Retail sales
1 space for each 300 square feet of floor area
Personal service establishment
1 space per 200 square feet of customer service area
Restaurant (standard)
1 space per 3 seats or 1 space for each 100 square feet of gross floor area, whichever is greater
Fast-food restaurant
1 space per 3 seats or 1 space for each 75 square feet of floor area, whichever is greater
Drive-in food establishment (donut shops, ice cream, etc.)
1 space per 50 square feet of gross floor area
Drinking establishment or discotheque
1 space per 1.5 persons permitted under maximum occupancy or 1 space for each 100 square feet of gross floor area, whichever is greater
Bowling alley
4 spaces per alley
Indoor tennis facility
5 spaces per court
Racquetball facility and similar court games
2.5 spaces per court
Dry cleaning or hand laundry
1 space for each 300 square feet of gross floor area
Funeral parlor
1 space for each 3 seats provided therein or 1 space for each 60 square feet of space available for public use, whichever is greater
Marina
[Added 7-7-1992; approved 7-8-1992]
0.60 cars per slip
(3) 
Industrial and heavy commercial uses.
Use
Minimum Parking
Light manufacturing use
1 space for each 300 square feet of gross floor area or 1 space per employee, based on the number of employees during the largest shift, whichever is greater
Lumber and building equipment sales and storage
1.25 spaces per employee
Wholesale, storage and warehousing
1 space for each 3,000 square feet of gross floor area or 1 space for each employee on the largest shift, whichever is greater
Printing plant
1 space for each 400 square feet of gross floor area
Car wash
1 space for each employee, excluding storage lanes
Motor vehicle sales
10 spaces or 1 space per each 300 square feet of sales area, whichever is greater
Gas station
1 space for each 100 square feet of gross floor area
Outdoor industrial use (coal, coke, fuel oil, junkyards, etc.)
10 spaces or 1 space for each 5,000 square feet of gross floor area, whichever is greater
(4) 
All other uses not mentioned or variations of above uses: as determined by Planning Board to be needed to prevent frequent parking on the street. Where the Planning Board determines the number of parking spaces, the decision of said Board shall be based upon standards set forth herein for uses with similar characteristics and previous experience with similar uses.
K. 
Off-street loading facilities.
(1) 
Required off-street loading facilities shall be required in the following ratio:
Square Feet of Gross
Floor Area or Major
Fraction Thereof
(in 1,000's)
Use
1 Berth
2 Berths
Plus 1
Berth For
Each
Additional
Office, research and development
50
100
100
Retail, personal, service, restaurant
25
100
25
Manufacturing, printing
10
20
25
Wholesale and distribution
5
10
20
Public institutional
10
50
50
Other uses not mentioned
As determined by the Planning Board   
(a) 
Where the Planning Board determines the number of loading berths, the decision of said Commission shall be based upon standards set forth herein for uses with similar characteristics and previous experience with similar uses.
(b) 
Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements.
(2) 
Size of spaces. Each required loading berth shall be at least 15 feet wide, 45 feet long and 14 feet high.
(3) 
Location and access. Said loading berths may be provided in the principal building or in any side or rear yards. No off-street loading berths shall be located in any front yard. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with the access driveway to a parking lot, provided that said driveway has a minimum width of 25 feet. All loading berths shall be on the same lot as the use to which they are accessory. No entrance or exit for any loading area shall be located within 50 feet of any street intersection.
(4) 
Joint facilities. Required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements.
The Planning Board may approve cluster developments in RRR or RR Districts according to the procedures and requirements specified below. The purpose of such development is to provide flexibility in design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open space.
A. 
The maximum number of single-family lots that may be approved in a cluster development shall be computed by subtracting from the total gross area a fixed percentage of 20% of said area and dividing the remaining 80% of the area by 10,000 square feet in a RRR Zone and 6,000 square feet in a RR Zone, which will result in a gross density that is no higher than would occur under conventional development in the particular zoning district. In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development shall not be considered part of the total gross area.
B. 
The minimum area of a cluster development shall be 10 acres and shall be in single ownership or under unified control.
C. 
Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with § 405-30 and the following conditions:
(1) 
Said site plan shall include areas wherein such structures may be located, the height and spacing of buildings, open spaces and landscaping, off-street open and enclosed (if any) parking spaces and streets, driveways and other physical features relevant to the proposed plan.
(2) 
Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions.
(3) 
Said site plan shall be subject to review and public hearing by the Planning Board in the manner prescribed in the General City Law §§ 32 and 33 (subdivision regulations).
D. 
In order to assure proper maintenance of common lands, a cluster development shall be organized as one of the following:
(1) 
A home association approved by the Federal Housing Administration, for mortgage insurance as a planned unit development, and the City Council;
(2) 
A home association approved by the Corporation Counsel and City Council; or
(3) 
Any other arrangements such as a cooperative or condominium approved by the Corporation Counsel and City Council as satisfying the intent of this chapter. Whenever a home association is proposed, the Corporation Counsel shall retain the right to review and approve the Articles of Incorporation of said home association and to require whatever conditions deemed necessary to ensure that the intent and purpose of this chapter are carried out.
A. 
Purposes. The purposes of this section are to regulate and control the location, size, type and design of existing and proposed signs in order to:
(1) 
Enhance and protect the City's physical appearance and property values.
[Amended 12-2-1997]
(2) 
Encourage the most effective and functional use of signs as directional, informational and advertising devices.
(3) 
Preserve the historic and architectural heritage of the City.
(4) 
Eliminate and prevent the erection of signs that cause distractions or obstructions that create hazards to traffic safety.
(5) 
Prevent dangers to public safety from unsafe, improperly constructed or located signs.
(6) 
Enhance the City's ability to attract sources of economic development and growth.
[Added 12-2-1997]
B. 
Required permits and administrative procedures.
(1) 
Sign permits.
(a) 
Signs shall not hereafter be erected, structurally altered, enlarged or relocated within the City, except as specifically exempted in Subsection C below, unless a permit has been obtained from the Fire Officer. Such permit shall only be issued following submission, review and approval of an application in accordance with the requirements set forth below and payment of the fee in accord with the City's adopted schedule therefor.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000]
(b) 
The Fire Officer shall not issue a permit for those signs requiring approval by the Planning Board, unless such approval has been granted. Furthermore, any type of sign within the Stockade District or any designated Landmark Overlay District or landmark site shall be subject to approval by the Landmark Preservation Commission, in accord with the procedures set forth in Article IX, prior to issuance of a permit.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000]
(c) 
A permit shall not be issued for any type of new sign if any other sign exists on the premises which does not conform to all requirements of this chapter, unless such existing sign was granted and is still entitled to a legally valid variance. This provision shall not apply to the repainting or refurbishing of an existing sign.
(2) 
Form of application. Application for a sign permit shall be made on a form designed for that purpose and provided by the Fire Officer and shall include but not be limited to:
[Amended 12-2-1997; 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000]
(a) 
A scale drawing of the sign which shows content and proposed location of the sign on the premises, property lines, structure locations and other signage on the property.
(b) 
A scaled drawing, with appropriate notes, describing the content, colors and construction of the sign and, where appropriate, the method of attachment to the building.
(c) 
A description or sample of the predominant material of which the proposed sign will be made.
(d) 
A description of the proposed method, if any, of sign illumination.
(3) 
Review by Fire Officer. The Fire Officer shall review all sign applications with respect to all quantitative factors and, in the case of those types of signs requiring no other review, approve, disapprove or approve with modifications the permit therefor within 30 days of receipt of the application.
(4) 
Review by Planning Board or Landmark Preservation Commission.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000]
(a) 
In the case of a sign that requires approval of either the Planning Board or the Landmark Preservation Commission, the Fire Officer shall refer the application, including a finding as to compliance with all quantitative factors, to the appropriate body at least 15 days prior to its next regular meeting. The Planning Board or Landmark Preservation Commission shall act to approve, disapprove or approve with modifications within 30 days of receipt of the application. In their review, the Planning Board and the Landmark Preservation Commission shall be guided by the design guidelines set forth in Subsection D below as well as any other applicable standards.
(b) 
After approval or approval with conditions by the Planning Board or Landmark Preservation Commission of those signs requiring such approval, the Fire Officer shall issue a permit therefor in accordance with all applicable requirements.
C. 
Exemptions to sign permit requirements. The following signs do not require a permit:
(1) 
Memorial plaques, cornerstones, historical tablets and the like.
(2) 
Signs not visible from outside the lot upon which they are situated.
(3) 
Nameplates which do not in total exceed six square feet on one property.
(4) 
Identification signs posted in conjunction with door bells or mailboxes, not exceeding a total of 30 square inches in surface area.
(5) 
Not more than one address sign, with a surface area of two square feet or less, per street frontage, which indicates the numerical address (in numbers or script) of the premises on which it is situated and the name of the occupant.
(6) 
One sign advertising the sale, lease or rental of the premises upon which it is located, which shall not exceed four square feet and, if freestanding, shall not be located nearer than 15 feet to a street or property line.
(7) 
Cautionary, directional, regulatory, warning or informational signs of a noncommercial nature, which are in the public interest, such as, but not limited to, "danger," "no trespassing," "exit," "entrance," "parking," "one way," "no entrance," etc. Such signs shall not exceed two square feet each.
(8) 
Interior signs, including temporary signs announcing sales and special events.
D. 
Design guidelines for signs. The following design guidelines shall be used by the Planning Board and Landmark Preservation Commission in those cases where their review and approval of proposed signs is required. Application of the guidelines shall consider the specific sign location and the character of the area in which it is proposed.
(1) 
Signs mounted on buildings should not cover openings or architectural details and should be located within areas designed to house signs, if such exist.
(2) 
Signs should be located no higher above the ground than is necessary for viewing from adjacent streets. When freestanding signage is being considered, monument style signage should be encouraged over pole style, if plausible.
[Amended 12-2-1997]
(3) 
Signs should be of regular shape and should be designed with respect to the shape and proportion of the space within which they will be located and the facade to which they will be applied.
(4) 
The size of signs should relate to the vantage point of the intended observer and the length of time available for viewing; signs intended for pedestrians on the sidewalk need not be as large as those to be seen from passing cars.
(5) 
Signs should include the minimum information necessary to convey the intended message so as to avoid clutter and confusion.
(6) 
Multiple signs should be avoided where one will do.
(7) 
A sign would not obstruct or impair the visual effectiveness of neighboring signs.
(8) 
Colors and materials which are discordant with the general character of the adjacent area should be avoided.
(9) 
Generally, signs on the same building should be placed within the same horizontal band and be of similar height.
(10) 
Wherever possible, signs should be integrated with fences, walls or buildings rather that freestanding.
(11) 
Sign material should be durable and require little maintenance.
(12) 
Signs should be subordinate to the streetscape.
[Added 12-2-1997]
(13) 
Signs in a particular area should create a unifying element and exhibit visual continuity.
[Added 12-2-1997]
(14) 
Where establishments share a parcel or zoning lot, a master sign plan should be prepared which addresses visual unity, shape, color, materials, type of lettering and signage.
[Added 12-2-1997]
E. 
General regulations and restrictions. The following general regulations and restrictions shall apply in all districts:
(1) 
Nonaccessory signs and billboards shall be prohibited in all districts except as provided in Subsection L and M below.
[Amended 12-2-1997]
(2) 
Standard methods of constant illumination shall be permitted on any sign, provided that the illumination shall be concentrated upon the area of the sign so as to prevent direct glare upon the street or adjacent property.
(3) 
Except for clocks and customary time and temperature devices, no sign shall contain intermittent, moving or flashing illumination.
(4) 
Signs with visible moving, flashing, revolving or rotating parts are prohibited.
(5) 
No sign shall be erected in such a manner as to obstruct free and clear vision for drivers; interfere with, mislead or confuse traffic; or be located where, by reason of its position, shape or color such sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the words "STOP," "LOOK," "DANGER" or any other word, phrase, symbol or character or red, green or amber illumination or reflection.
(6) 
Mobile signs shall be permitted upon submission by the owner of the sign of an application for a temporary permit. However, if located anywhere within a lot or premises in a residential district for seven consecutive days or any 15 days within the same calendar year or in any other district for 30 consecutive days or 45 days within the same calendar year, such sign shall be subject to all provisions of this chapter, including those as to size, location, illumination and construction, as if they were permanent.
F. 
Freestanding signs.
(1) 
Where a building is set back at least 20 feet from the street, one freestanding sign shall be permitted on each frontage of a property on a public street. However, not more than one such sign shall be located within 200 feet of the same intersection. No part of any freestanding sign or its support shall be located within six feet of any building or extend beyond any street line.
[Amended 12-2-1997]
(2) 
The area of freestanding signs shall not exceed the following:
(a) 
Residential and RT Rondout Districts: six square feet.
[Amended 4-14-1992; approved 4-15-1992]
(b) 
NB Neighborhood Commercial District: 20 square feet.
(c) 
C-1, C-2 and C-3 Commercial Districts: 50 square feet, except that signs with an area between 50 and 100 square feet may be permitted upon review and approval by the Planning Board.
(d) 
Industrial districts: 50 square feet.
(e) 
Shopping centers. A shopping center with a contiguous area of 25 acres or more, in single ownership, in which all buildings are set back at least 100 feet from a public street, shall be permitted the following signs in addition to all others permitted herein:
[1] 
A sign not to exceed an area of 400 square feet at or near each entrance; and
[2] 
One freestanding tower sign not to exceed 1,000 square feet in area or 40 feet in height.
(3) 
No part of any freestanding sign shall be located higher than 20 feet above grade.
G. 
Roof signs.
(1) 
One roof sign shall be permitted only on a one-story building located in the C-1, C-2 and C-3 Commercial Districts.
(2) 
Roof signs shall not exceed an area of 30 square feet per sign face. A second roof sign may be permitted subject to review and approval by the Planning Board.
(3) 
The bottom of a roof sign shall be no higher than two feet above the top of the building wall closest to and parallel to the sign. The total height of the sign shall not exceed six feet.
H. 
Wall signs.
(1) 
One wall sign shall be permitted on each wall for each nonresidential use in a structure.
(2) 
Wall signs shall not project more than 12 inches from the wall to which they are affixed.
(3) 
Wall signs shall not extend beyond the face of the wall in any direction and shall not extend above the bottom of the sill of second-story windows or 15 feet above grade level. However, when a ground floor commercial or industrial use also occupies other floors or where a commercial or industrial use occupies one or more floors other than the ground floor, a wall sign shall be permitted higher than 15 feet above grade level but no higher than the ceiling level of the commercial or industrial use.
(4) 
In commercial districts, the aggregate area, in square feet, of all signs on any wall shall not be greater than two times the length, in feet, of such wall.
[Amended 12-2-1997]
(5) 
In manufacturing districts, the aggregate area, in square feet, of all signs on any wall shall not exceed 50 square feet.
(6) 
In Residential  Limited Commercial Mixed-Use Districts (RLC), the aggregate area, in square feet of all wall signs shall not exceed four feet.
[Added 9-1-1992; approved 9-2-1992]
I. 
Overhanging signs.
(1) 
Each establishment in the C-2 Central Commercial District and the RT Rondout District shall be permitted one overhanging sign from each frontage on a right-of-way. No more than one sign may be located on each frontage. Overhanging signs will be allowed in the RLC Residential  Light Commercial District only along Broadway and East Strand.
[Amended 9-1-1992; approved 9-2-1992]
(2) 
The distance between the faces of overhanging signs shall not exceed six inches; however, internally illuminated signs shall have a dimension between faces of no more than 12 inches.
(3) 
Overhanging signs shall comply with the following dimensions in each district as specified:
Dimension
C-2
Broadway*
Other
Areas
RT
Area per sign face (squarefeet)
18**
12
12
Maximum distance of outer sign edge from building (inches)
72
54
54
 NOTES: * These provisions shall only apply to signs attached to the wall of a building fronting on the Broadway between Delaware Avenue and Albany Avenue.
** Signs with a face area of more than 18 but no more than 30 square feet may be permitted subject to review and approval by the Planning Board.
(4) 
The bottom edge of an overhanging of such sign shall be no less than eight feet nor more than 15 feet above the ground and shall not extend into any access drive which is intended for use by service or emergency vehicles.
(5) 
No part of an overhanging sign shall extend within two feet of the curbline of any public street or right-of-way.
(6) 
Except for the RLC Zone, when a ground floor commercial or industrial use also occupies other floors or where a commercial or industrial use occupies one or more floors other than the ground floor, an overhanging sign shall be permitted higher than 15 feet above grade level but no higher than the ceiling level of the commercial or industrial use. Signs with a face area of 30 square feet or less shall be permitted. Signs with a face area of more than 30 but no more than 50 square feet may be permitted subject to review and approval by the Planning Board. The maximum distance of an outer sign edge from a building shall not exceed 72 inches.
[Amended 9-1-1992, approved 9-2-1992]
(7) 
Such signs shall be removed when no longer applicable to the premises.
J. 
Marquee, canopy and balcony signs. Signs may be hung from or attached to the underside of or affixed to the edge of a marquee, canopy or balcony, either parallel or perpendicular to the face of the building to which attached. Such sign shall not exceed an area of 12 square feet and shall not extend above or beyond the front or side edge of the marquee, canopy or balcony in any direction. The bottom edge of such sign shall be at least eight feet above the ground.
K. 
Iconic signs. Iconic signs such as barber poles, eyeglasses, mortar and pestle, etc., which are traditional in nature shall be permitted as long as they comply with the pertinent regulations pertaining to size and location herein.
L. 
Temporary signs. The erection, installation or maintenance of temporary signs, as defined herein, is hereby prohibited, except for the following:
(1) 
A temporary sign, not exceeding 15 square feet in area, which is erected by a municipal, charitable, political or nonprofit organization is permitted for a period not to exceed 30 days.
(2) 
A single temporary sign, not exceeding 32 square feet in area, which announces anticipated occupancy of a site or building or identifies the contractors, architects, engineers, etc., on a building under construction, shall be permitted until a building is completed and a certificate of occupancy is issued.
(3) 
Temporary signs made of cardboard, paper, canvas or similar impermanent materials may not be placed on the exterior of any building, except that banners for special announcements, such as grand openings, for businesses, with a limit of 30 days for placement on said exterior of any building may be placed on the exterior of any building. All banners must be dated.
[Amended 12-7-2004, approved 12-9-2004]
M. 
Billboards. Billboards shall be permitted in C-1, C-2 and C-3 Commercial Districts, provided that they consist of signs of an area not more than 325 square feet, excluding supports, which shall be at least six feet from all property boundaries of the property on which they are erected.
N. 
Unsafe, abandoned and unlawful signs.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(1) 
Upon a finding by the Fire Officer that any sign regulated herein is unsafe or insecure or is a menace to the public or has been erected in violation of the provisions of this chapter or advertises, identifies or pertains to an activity no longer in existence, except as provided hereinafter, the Fire Officer shall give written notice to the permittee thereof. This provision shall not apply to seasonal activities during the regular period in which they are closed.
(2) 
If the permittee fails to remove or alter the sign so as to comply with the standards herein set forth within 14 days after such notice, such sign may be removed or altered to comply by the Fire Officer at the expense of the permittee or owner of the property on which it is located. The Fire Officer shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Fire Officer may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
O. 
Existing signs and nonconforming signs.
(1) 
Any existing sign that was in place prior to the date of adoption of this chapter shall be subject to the following requirements:
(a) 
The Fire Officer shall review any preexisting sign and determine whether the sign conforms to the requirements of this chapter.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(b) 
Where a sign was constructed prior to the adoption of this chapter and was conforming to the existing ordinance at that time or was to have been granted and still is entitled to a legally valid variance and upon a determination that the existing sign is in good condition and does not pose any safety hazards, it shall be considered a conforming sign.
(2) 
A sign preexisting the date of adoption of this chapter, and determined to be nonconforming in accordance with Subsection O(1) above, shall not be physically altered. The relettering, painting or decorating of such sign shall be permitted, but any such sign once removed for purposes other than relettering, painting or decorating shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.
P. 
Signs in residential districts. The following nonartificially illuminated signs may be permitted in residential districts, limited as follows:
(1) 
One nameplate or professional sign with an area of not over three square feet.
(2) 
One sign advertising the sale or rental of the premises on which such sign is situated, with an area of not over four square feet, provided that such sign is located on the front wall of a building or, if freestanding, then not nearer than 15 feet to any street or property line.
(3) 
One bulletin board or other announcement sign for educational or religious institutions with an area of not over 24 square feet.
A. 
Street access.
(1) 
No building shall be erected on a lot that does not have direct access to a public street or indirect access to a public street via a private street or way approved by the Planning Board.
(2) 
All buildings and structures shall be so located as to provide safe and convenient access for servicing, fire and police protection and off-street parking and/or loading.
B. 
Side yards. For purposes of side yard requirements, attached dwellings on adjacent lots may be considered one building occupying one lot.
C. 
Corner lots. On a corner lot, one yard other than the front yard shall be deemed to be a rear yard, and the other or others shall be deemed to be side yards.
D. 
Through lots. On a through lot (a lot that goes through from one street to another) front yards are required on both streets.
E. 
Location of accessory uses.
(1) 
Unless otherwise required, all accessory uses permitted in this chapter shall be located either within the principal building or in any side or rear yard. Unless otherwise specified, and except as provided hereinafter, such uses shall be located not nearer than six feet to an adjoining property line.
[Amended 9-1-1992; approved 9-2-1992]
(2) 
Any accessory building attached to the principal building by means other than a breezeway or roofed passageway, with open or latticed sides, shall be considered as part of the principal building and shall comply with all requirements of this chapter that are applicable to the principal building.
[Added 9-8-1994, approved 9-12-1994; amended 6-2-1998; approved 6-4-1998]
A. 
Findings and purpose. The Common Council of the City of Kingston has become concerned about the effect dish antennas could have on the welfare and safety of the City. The Common Council finds that, unless regulated, dish antennas can be installed in a manner which would have an adverse impact on the use and enjoyment of surrounding properties including a diminution of property values. If improperly installed, dish antennas could create a safety hazard. The intent and purpose of this section is to establish a procedure and criteria to avoid the adverse impacts of the installation and maintenance of dish antennas and to preserve the character, safety and general welfare of the municipality.
B. 
Definitions. For purposes of this section, the terms used herein are defined as follows:
DISH ANTENNAS
Satellite antennas, parabolic dishes, hemisphere dishes or other similar antennas, the purpose of which is to send, transmit or receive television, radio and/or microwave or other similar signals.
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000]
C. 
Special permit required. Installation of a dish antenna, measuring greater than 24 inches in diameter or any size if located in a Historic District, shall be subject to the issuance of a special permit by the Planning Board in accordance with provisions of § 405-32.
D. 
General requirements.
(1) 
A dish antenna shall be considered an accessory structure requiring compliance with all minimum setback and other requirements of this chapter.
(2) 
No more than one dish antenna shall be erected, constructed, installed or maintained on a single lot or premises.
(3) 
No dish antenna shall be located on any trailer or portable device.
(4) 
All dish antennas shall be ground mounted. When ground mounting is not feasible, roof mounting may be permitted. If roof mounting is permitted, efforts shall be made to locate the dish antenna on the rear area of roof.
(5) 
All dish antennas shall be located in rear yards. When a rear yard is not accessible, or it would be substantially impractical, detrimental to the character of the neighborhood or cause significant economic injury to the property owner to locate the dish antenna in the rear yard, and a side yard meets all requirements of this chapter, a dish antenna may be located in the side yard.
(6) 
All dish antennas shall be screened from the roadway and adjoining property owners with fencing or foliage, or a combination thereof, as determined by the Planning Board.
(7) 
A dish antenna nor any part of the antenna, including any platform or structure upon which it is mounted or affixed, shall be elevated to or reach a height of more than eight feet above the natural grade of the subject premises. In no event shall the natural grade be changed by any means in order to increase the elevation of the dish antenna.
(8) 
The diameter or width of a dish antenna shall not exceed 10 feet.
(9) 
The use of any illumination for a dish antenna is strictly prohibited.
E. 
Waiver of requirements. The Planning Board may waive any of the requirements in this section upon a sufficient showing of excessive cost or inability to attain reasonable reception.
F. 
Commercial use. When a dish antenna is to be used for commercial purposes, the Planning Board, in its discretion, may waive any of the requirements in this section, and issue a special permit in accordance with the provisions of Article IV of this chapter.
G. 
Unsafe, unlawful and unsightly dish antennas. Whenever it shall appear to the Fire Officer that any satellite antenna has been constructed or erected or is maintained in violation of this section, or is unsafe and insecure, or has been allowed to deteriorate in appearance and/or maintenance, or is in such condition as to be a menace to the safety of the public, the Fire Officer shall cause to be issued a notice in writing to the owner, informing such person of the violation and directing to make appropriate repairs or alterations thereto within a reasonable time, as specified in the notice. Upon failure to comply with such notice, the Fire Officer may cause such dish antenna or such part thereof to be removed and may charge the expense of such removal to the person so notified. However, nothing herein shall prevent the Fire Officer from taking such precautionary measures as may be necessary in case of imminent danger to the public or adjoining property.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
H. 
Penalties for offenses. Any neglect, failure or refusal to comply with any provisions of the section shall be deemed a violation thereof, such violation punishable by a fine of not more than $100 for each violation.  A violation shall be deemed committed upon each day that a violation occurs or is committed.
[Amended 4-4-1995 by L.L. No. 3-1995; approved 4-21-1995]
No unenclosed storage, except parking of operable motor vehicles which are validly inspected and which are validly registered with valid current license plates shall be permitted in any district of the City of Kingston.
A. 
Required landscaping.
(1) 
All portions of improved multifamily and nonresidential properties which are not used for buildings, structures, off-street parking and loading, permitted outdoor storage, driveways, walkways or similar purposes shall be appropriately landscaped with grass, shrubs, trees and other ground cover in such a manner as to minimize erosion and stormwater runoff and to maintain or improve the aesthetics of such development.
(2) 
Landscape strips shall be provided along all property lines of multifamily and nonresidential uses. Such landscape strips shall comply with the following minimum standards as well as all applicable requirements set forth elsewhere in this chapter:
(a) 
Said landscape strips shall be at least three feet wide and include evergreen planting and other landscaping of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from neighboring uses. New trees shall have a caliper of not less than three inches from the base and shall be at least six feet high when planted.
(b) 
Unless specifically required elsewhere in this chapter, an opaque wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required landscape strips.
(c) 
Where the existing topography and/or existing landscaping provides adequate screening, the Planning Board may waive or modify the planting and/or landscape requirements of this chapter.
B. 
Maintenance. All fences, trees, plantings, shrubbery or other screening required by direction of the City Council, the Zoning Board of Appeals, the Planning Board or by the Zoning Ordinance shall be maintained at all times at least to the same quality required of said items at the time they were initially installed.
C. 
Penalties. If, after 30 days' notice, such fences, trees, plantings, shrubbery or other screening is not erected, replaced, repaired or maintained by or on behalf of such owner, the City Council may authorize the Department of Public Works to perform the necessary work and provide for the assessment of all costs and expenses so incurred by the City in connection with any action taken against the land on which such screening facilities are located. The costs and expenses so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property.
A. 
Exceptions to yard requirements in RRR, RR, R-1, R-2 and R-3 Districts. Cornices or cantilevered roofs may project not more than two feet, and belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project to within 15 feet of a street line or four feet of a property line.
B. 
Exceptions to yard requirements in the R-4, R-5, R-6 and RT Districts.
(1) 
Cornices or cantilevered roofs may project not more than two feet, and belt courses, windowsills and other ornamental features may project not more than six inches, into a required yard. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project to within 15 feet of a street line or four feet of a property line.
(2) 
Except where a side or rear yard abuts a one-family residence district boundary (RRR, RR or R-1), garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, but not nearer than four feet to any property line, provided that the average height of any wall thereof which faces a side or rear lot line is not in excess of 6 1/2 feet above the average level of such lot line. The side yard provision may be eliminated, but not reduced, along any portion of one lot line where a building erected on an adjoining lot is built to the lot line, provided that in such event the second side yard shall be increased to a minimum width of two times the width otherwise required.
C. 
Exceptions to front yard. The front yard or setback shall meet the minimum required within each district, except that if a lot is between two lots with structures, each located nearer to the street than the required front yard, the front yard on the subject lot need not exceed the average of those on the two adjoining lots.
D. 
Height exceptions. The height limitations of this chapter shall not apply to:
(1) 
Spires, belfries, cupolas and domes not for human occupancy; monuments, transmission towers, chimneys, derricks, conveyors, flagpoles, radio towers, television towers and television aerials, provided that any television or radio aerial shall not be located nearer than a distance equal to its height above the roof or other permanent structure to which it is attached to any overhead electric transmission line carrying more than 220 volts.
(2) 
Bulkheads, elevator penthouses, observation towers, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that any such structures that are located on any roof and that exceed in height the limits in the particular district shall not in the aggregate occupy more than 20% of the horizontal area of the roof and are set back one foot from the edge of the roof for each additional foot in height greater than the specified height.
(3) 
All mechanical equipment necessary to operate building services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board. Where solar heating devices are located on a roof, required screening may be modified to assure necessary access to the sun.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
All dumpsters shall have a permit from the Fire Officer and shall be located so as to be out of view from the street or adjoining residential property.
Newspaper vending machines may be located in a public way, provided that they do not interfere with pedestrian or vehicular movement, and provided that a special permit is secured from the Planning Board.
Any barbed wire fencing shall be subject to the prior approval of the Zoning Board of Appeals, which is authorized to impose reasonable restrictions and limitations regarding height, materials and facing.
[Added 6-7-1994; approved 6-13-1994]
A. 
Requirements.
(1) 
The bed-and-breakfast shall be the primary residence of the owner-operator, with no other use allowed.
(2) 
The maximum length of stay for any guest shall be seven consecutive days. In no way may the establishment be used as a boarding/rooming house, as provided in § 405-12(B)(2).
(3) 
No cooking facilities shall be permitted in any of the rented rooms.
(4) 
Two off-street parking spaces shall be established, on premises, for the residence with an additional off-street parking space for each room to be let.
(5) 
The maximum number of rooms which may be rented is four, unless it can be shown that the structure and/or parcel is of sufficient size to contain more rooms while meeting the purpose of this article.
(6) 
One, non-illuminated sign, free standing or attached, shall be permitted, not to exceed two square feet and shall not include the words "hotel" or "motel."
(7) 
Manual outward modification of the structure may be made only if such changes are compatible with the character of the area or neighborhood and the intent of the zoning district in which it is located.
(8) 
The architectural integrity and arrangement of existing interior spaces must be maintained and the number of guests rooms shall not be increased except as may be required to meet health, safety and sanitation requirements.
B. 
Permitted zones; use variance.
(1) 
Bed-and-breakfasts may be permitted by special permit in the following zones and target areas: RT; RLC; RF-R; RF-H; the Broadway and Albany Avenue areas in their entirety; the Stockade Landmark District; the Rondout Landmark District; the Fair Street Landmark District; and the Chestnut Street Landmark District. Said special permit shall be subject to annual renewal.
[Amended 7-5-2011 by L.L. No. 8-2011, approved 7-27-2011]
(2) 
In all zones, except those listed in Subsection B(1) of this section, a bed-and-breakfast may be permitted by a use variance when not allowed by right and when all other conditions can be satisfied.
(a) 
When a use variance is required, a site plan review shall be required.
(b) 
Said site plan review shall require a mandatory public hearing, and an annual renewal of licensing by the Planning Board. Annual renewals of licensing shall also require a public hearing.[1]
[1]
Editor’s Note: Former Subsection B(2)(c), which stated that no permitted bed-and-breakfast could be located less than 1,200 feet from an existing bed-and-breakfast, and former Subsection B(2)(d), added 3-7-1995, approved 3-15-1995, as amended, which stated that no permitted bed-and-breakfast could be located less than 1,200 feet from an existing rooming house and boardinghouse, and which immediately followed this subsection, were repealed 7-5-2011 by L.L. No. 8-2011, approved 7-27-2011.
[Added 5-7-1996; approved 5-13-1996]
A. 
When an action will result in one building containing one or more artist lofts, the artist loft shall be subject to the issuance of a special permit by the Planning Board. The special permit shall be issued for one year initially and then renewed up to three years maximum. Upon any change in occupancy the permit shall expire.
B. 
Development standards.
(1) 
Artist loft may exist on the first floor structure only if they meet all of the following conditions:
(a) 
That artist loft is arranged in such a fashion that the residential portion is located on the second floor of the building.
(b) 
That retail functions occur on the first floor of the artist loft.
(c) 
That the appearance of the loft from the street shall be consistent with the retail nature of the surrounding area.
(d) 
That the entrance to the artist loft, including retail, studio and residential area, is exclusive and shall not be shared with any other artist loft in the building.
(2) 
Each artist loft shall be separated from other artist lofts or other uses within a particular building. Access to artist lofts may be provided from common access areas, halls or corridors.
(3) 
Each artist loft must be individually equipped with an enclosed bathroom containing a three fixture bathroom sink, water closet, shower or tub and appropriate venting.
(4) 
Each artist loft must be individually equipped with a kitchen.
(5) 
Each artist loft must contain a usable floor area of no less than 800 square feet.
(6) 
No more than 25% of the usable floor area of the artist loft may be devoted to residential space. In no event may said residential area exceed 500 square feet.
(7) 
Direct access between living and working areas must be provided, and no separate access/egress to the residential area is permitted except for emergency access/egress.
C. 
Other requirements.
(1) 
In order to ensure that the use is consistent with the other commercial uses, artist lofts shall not be used for mercantile, classroom, instructional uses with more than two pupils at any one time. Storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the creation of art shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within the first floor space or any other commercial or residential unit within the structure or beyond any lot line.
(2) 
No more than one person per 300 square feet of residential floor area may reside within an artist loft. No more than two persons may reside within an artist loft.
(3) 
Only one nonresident employee may be employed within an artist loft. This requirement may be waived for artist lofts that occur on the first floor of a structure that provide retail space on the first floor.
(4) 
Other than in a first-floor retail-oriented area, articles offered for sale within an artist loft must include those produced by the artist occupying said artist loft and may be offered with other like items.
(5) 
One flush-mounted, nonilluminated sign, maximum of two square feet, attached adjacent to or near the street entrance door to the artist loft may be used to identify the artist. Where two or more artist lofts occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion. Where five or more units are developed within one building, interior, directory signage shall be located in lieu of individual signs on the building exterior.
(6) 
Residential and work space shall not be rented separately or used by persons other than those people legally residing within the artist loft.
[Amended 10-3-2000; approved 10-13-2000]
(7) 
A minimum of one off-street parking space per artist loft must be provided on-site.
D. 
Procedures.
(1) 
Renewal of special permits. All special permits for artist lofts shall be subject to renewals by the Planning Board. Such renewal shall be based upon a written statement from the Fire Officer that said artist loft is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(2) 
Procedures for the renewal of special permit.
(a) 
Prior to the expiration date of the special permit, the owner or manager of the building shall file a request for renewal with the Planning Department, which must be accompanied by a renewal fee as set by the Common Council. If the owner or manager fails to apply for a renewal prior to the date of the expiration of the special permit, the special permit shall lapse, and the use of artist loft shall be terminated within 90 days.
(b) 
When a request for renewal is received by the Planning Department, the Fire Officer shall be notified and shall contact the owner or manager of the building and to arrange for an appointment for inspection and shall issue a report of compliance with the terms of this subsection, the special permit and site plan based on that inspection. The report shall also indicate if all loft entities and appliances are well-maintained and in working order.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(c) 
If the Fire Officer issues a report indicating compliance with the terms of this subsection, the special permit and the site plan and indicates that all loft entities and appliances are well-maintained and in working order, the Planning Board shall schedule a public hearing for the renewal.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(d) 
If the Fire Officer issues a report indicating noncompliance with the terms of this subsection, the special permit or site plan, and further finds that any loft structure and appliances are not well-maintained and are not in working order, the building owner or manager shall, within the time specified will, rectify all noncomplying elements and shall reapply for an appointment for inspection with the Building Safety Division of the Fire Department, subject to an additional inspection fee. If such application for an appointment for an inspection is not received within the specified time, the special permit shall expire and all residential uses subject to said special permit shall be terminated. If the Building Safety Division of the Fire Department issues a report indicating compliance, the Planning Board shall schedule a public hearing for renewal. If the Fire Officer issues a report indicating noncompliance with the terms of this subsection, the special permit and final site plan and further finds that all apartment entities and appliances are not well-maintained and are not in working order, the use as an artist loft shall be terminated.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
(e) 
In the event that any renewal of a special permit is denied by the Planning Board, the holder of such permit shall have the right to appeal the denial following an Article 78 proceeding.
[Added 8-6-1996; approved 8-7-1996]
A. 
Findings, purposes and considerations.
(1) 
In March of 1996, the Common Council of the City of Kingston commissioned a study of the potential detrimental effects to the City if adult uses were to be established in close proximity to sensitive land uses. At the present time there are no land uses in the City that could be classified as adult uses. Said uses are, essentially, any businesses that provide for the sale of sexually orientated goods, services and entertainment in which the establishment is not customarily open to the general public, but excludes minors by reason of age.
(2) 
In April 1996, Greenplan completed its study of adult uses for the City. After careful review of the Adult Use Study: City of Kingston Common Council, the Common Council does hereby find that adult uses could result in potential adverse effects on the City's residential areas, schools, places of worship, parks and other designated open space areas, as well as its historic and scenic resources and civic and cultural facilities.
(3) 
The Common Council of the City of Kingston also finds and declares that there are some uses, such as adult uses, which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area thereby having deleterious effects on other adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting and the downgrading of the surrounding neighborhoods or land uses. This section is being enacted to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
(4) 
Ulster County and its surrounding communities have experienced an increase in the establishment of adult uses. Based upon recent studies evaluating the nature and extent of adverse secondary effects caused by adult uses in commercial and residential areas, the Common Council of the City of Kingston hereby finds that adult uses have negative secondary impacts such as increased crime rates, depreciation of property values and a deterioration of community character and quality of life.
(5) 
It is further declared that the location of adult use establishments near residential zoning districts, schools, places of religious worship, parks, playgrounds, playing fields or other areas where our youth may regularly assemble is of great concern to the City of Kingston, as is the general atmosphere encompassing the operation of such adult uses.
(6) 
It is further recognized that the Kingston Police Department's resources would be strained to adequately address the potential increased demand for crime prevention. The proliferation of such uses could dangerously affect the welfare of the entire community through the degradation of the community's retail areas, as well as the potential decline in property values and overall quality of the neighborhood.
(7) 
This section is required to prevent such deleterious secondary effects. It is the purpose and intent of this section to provide for the orderly regulation of adult uses in the City of Kingston by establishing certain minimum standards of the conduct of this type of business to protect the public order and general welfare of the residents of the City of Kingston.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTORE or ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade adult material such as books, magazines, other periodicals, films, slides and videotapes in which the establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless or bottomless dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment and which establishment is not customarily open to the public generally but excludes any minor by reason of age.
ADULT THEATER
A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but excludes any minor by reason of age.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where massages are administered for pay, including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershop or beauty salon where massages are administered only to the face, scalp, neck or shoulders. This definition shall exclude health clubs which have facilities for physical exercise such as tennis courts, racquet ball courts or exercise rooms which do not receive their primary source of revenue through the administering of massages as well as those individuals holding New York State Department of Education licenses as a masseuse or masseur, who may also practice in a private residence in the City of Kingston.
C. 
Restrictions. An adult use establishment shall be permitted in a C-1 (Shopping Center), C-2 (Central Commercial) or C-3 (General Commercial) Zoning District subject to the following restrictions:
(1) 
No adult use establishment shall be allowed within a one-thousand-foot radius of another existing adult use establishment whether within the City of Kingston or in a neighboring community. The one-thousand-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question.
(2) 
No adult use establishment shall be located within a five-hundred-foot radius of any zoning district which is zoned to allow residential use. For measurement purposes, the distance between an adult use and residential zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the boundary line of such residential district.
(3) 
No adult use establishment shall be located within a five-hundred-foot radius of a preexisting school, library, civic or youth-oriented center, designated historic preservation site or district, park, playground, place of worship, as well as any areas designated as scenic under New York State law. The five-hundred-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question.
D. 
Sign regulations.
(1) 
Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or other areas, public or semipublic, and such displays shall be considered signs.
(2) 
No signs or other structures shall be placed, erected or used on the premises except as provided in this chapter, and then only with the approval of the Kingston Planning Board pursuant to § 405-36, Signs, of this chapter; nor shall the building be painted in garish colors or other such fashion as will effectuate the same purpose as a sign without the approval of the Kingston Planning Board.
(3) 
Not more than one business wall sign shall be permitted for an adult use, and said sign shall be permitted only on the front facade.
(4) 
Sign messages shall be generic in nature, shall not contain material classified as advertising and shall only identify the business which is being conducted.
E. 
Registration.
(1) 
Any person who shall own or operate an adult use establishment shall first obtain an annual special use permit in accordance with § 405-32, Special permits, of this chapter.
(2) 
Any person seeking to obtain a permit required by this section shall file a written application stating the name of the person or organization desiring the annual permit, the location where such permit is to be used and whether the sale, dispensing or use of alcohol will be permitted at or upon the location where the permit is to be used.
(3) 
The permit shall expire automatically upon any change in ownership or operation of an adult use establishment.
F. 
Curfew. It shall be unlawful for any person maintaining or operating any adult use establishment to operate said establishment between the hours of 4:00 a.m. and 8:00 a.m. Monday through Saturday and 4:00 a.m. through 12:00 p.m. on Sunday.
G. 
Waivers. The restrictions enumerated in Subsections C(1) through (3) above, may be waived by the City's Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general standards contained in § 405-54, Powers and duties, of this chapter:
(1) 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Code will be observed.
(2) 
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
(3) 
That 51% or more of those persons residing, owning or operating a business within the restricted areas as defined in Subsections C(1) through (3) of this chapter have signed a petition stating that they have no objection to the establishment of one of the uses defined above.
[Added 8-4-1998, approved 8-8-1998; amended 10-6-1998, approved 10-8-1998]
A. 
Purpose. This section provides for the installation of citizen's band radio antennas and antenna support structures for the enjoyment and convenience of the residents of the City of Kingston, while providing for the maximum protection of the health, safety and aesthetic sensibilities of the residents.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANTENNA
Any device or equipment that receives or sends electromagnetic waves for the purpose of citizen's band radio communications.
ANTENNA HEIGHT
The overall vertical length of the antenna support structure above grade or, if such system is located on a building or other object, then the overall vertical length includes the height of the building or object upon which the structure is mounted.
ANTENNA SUPPORT STRUCTURE
Any structure, mast, pole, tripod or tower, whether attached to a building or other object, guyed or freestanding, utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves for the purpose of citizen's band radio communications.
C. 
Permit required. It shall be unlawful for any person to install, construct or increase the height of any antenna or antenna support structure, which shall be deemed an accessory structure, without first obtaining a building permit, except that no permit shall be required if the height of the antenna or antenna support structure, excluding the height of any building or object to which it is attached, is less than 12 feet in height. Said exclusion shall not apply to freestanding antennas or antenna support structures which must obtain a permit regardless of height.
D. 
Application. Application for a required building permit shall be made upon such forms requested by the City and shall have attached thereto the following items:
(1) 
A site plan for the antenna or antenna support structure depicting its placement in relation to:
(a) 
Property lines and permanent easements.
(b) 
All structures on the site and all structures of any adjacent property within 10 feet of the property lines.
(c) 
All utility poles, above and below ground utility lines, trees and other natural or artificial structures.
(d) 
The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures.
(2) 
Manufacturer's specifications for the antenna or antenna support structure and details of footings, guys and braces.
(3) 
A copy of the applicant's homeowner or renter's insurance policy for freestanding antennas.
(4) 
A permit fee in a sum as set forth in the fee schedule to be established by resolution of the Common Council of this City.[1]
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
[1]
Editor's Note: See Ch. 217, Fees.
(5) 
All FCC, NEC, FAA and other state, federal or local permits or approvals which may be required for the construction and installation of the antenna.
E. 
Location.
(1) 
No more than one antenna or antenna support structure per residence shall be located on any lot and shall be located in the rear yard at ground level.
(2) 
No antenna or antenna support structure shall be located on any lot unless located so as to have a rear and side lot line setback equal to the height of the antenna or structure. Measurements of side and rear lot line setback shall be taken at the base of the antenna or structure at ground level.
(3) 
Antennas and support structures shall be so designed and constructed that guyed wires or other accessories shall not cross or encroach upon any street or public space or over any telephone or electric power lines or encroach upon any other privately owned property. Antennas, wires and support structures shall be placed so as not to present a hazard to children and other passers by.
(4) 
Antennas and antenna support structures shall not be illuminated in any way unless such lighting is a requirement of the Federal Aviation Administration or other controlling agency.
(5) 
Ground-mounted antenna support structures may be erected only in a rear or side yard.
F. 
Height limitation. Any antenna installed at a fixed location must comply with either one of the following requirements:
(1) 
The highest point must not be more than 20 feet higher than the highest point of the building or tree on which it is mounted; or
(2) 
The highest point must not be more than 60 feet above the ground.
G. 
Penalties. Any neglect, failure or refusal to comply with any provisions of this section shall be deemed a violation and such violation shall be punishable by a fine of not more than $100 for each violation. A violation shall be deemed committed upon each day that it occurs or is committed.
[Added 6-5-2001; approved 6-11-2001]
A. 
Findings, purposes, and considerations.
(1) 
The City of Kingston recognizes that there is a specific need to create zoning which will allow the establishment of emergency shelter uses, while at the same time continue positive growth and development within the City.
(2) 
The existing ordinance does not meet the needs of the City in terms of protecting the character of lower-density residential neighborhoods as written.
(3) 
Ulster County communities have demonstrated a need to site this type of facility in areas that generate potential clients, which have adequate infrastructure to meet the needs of the proposed clients.
(4) 
It is the purpose and intent of this section to provide for the orderly regulation of emergency shelter uses in the City of Kingston by establishing certain minimum standards of this type of facility to protect the public order and general welfare of the residents of the City of Kingston.
B. 
Restrictions. An emergency shelter shall be permitted in O-2 and O-3 Zones subject to the following restrictions:
(1) 
No emergency shelter 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.
(2) 
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:
(a) 
The applicant shall be the individual owner/organization of such premises.
(b) 
At the time of the issuance of such special permit and at all times when said premises are used as a twenty-four-hour emergency shelter, the owner thereof shall maintain a resident manager, 24 hours on site, or may 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 shelter. The Planning Board may authorize an emergency shelter to substitute a resident manager with three shift supervisors, on premises for 24 hours' coverage.
(c) 
The maximum number of individuals to occupy the emergency shelter shall be 20. The number of occupants may be increased by the Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met, in addition to the general standards contained in § 405-54, Powers and duties, of this chapter:
[1] 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Code will be observed.
[2] 
That the establishment of the use will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
[3] 
That the total number of occupants shall not exceed 1.2/1,000 square feet of lot area.
(d) 
There shall be no more than four persons occupying a room having a minimum of 60 square feet of floor space per person, or a maximum of six persons, from the same family unit, may occupy a room having a minimum of 60 square feet of floor space per person.
(e) 
All emergency shelters shall be heated by a central heating plant or permanently installed electric baseboard panel heating. No portable heating units are allowed.
(f) 
No cooking or storage of foodstuffs shall be permitted in any room other than a kitchen.
(g) 
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.
(h) 
No sinks shall be installed or used in any sleeping room, but basins shall be permitted for personal washing and shaving. Such basins shall not be used for washing of clothes and dishes or any unsanitary purposes.
(i) 
Bathroom facilities shall be maintained for the owner-occupant, separate from bathroom facilities for shelter inhabitants.
(j) 
The owner or resident agent of every emergency shelter 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 all supplied bedding in a clean and sanitary manner.
(k) 
All garbage and kitchen wastes in every emergency shelter 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.
(l) 
All sleeping rooms shall be numbered with raised figures not less than three inches in height, placed on the outside of the door to each room, and no two rooms shall bear the same number.
(m) 
Each and every floor on which rooms are occupied shall be equipped with a fire extinguisher, in good working condition, readily accessible for use at all times and approved by the Building Safety Division of the City of Kingston Fire Department.
(n) 
No room shall be occupied on 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 in the third floor or attic.
(o) 
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, for each employee while on duty, and for each agency vehicle associated with said use. Such off-street parking shall not be located in any required yard.
(p) 
All emergency shelters 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.
(q) 
Every emergency shelter 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 Safety Division of the City of Kingston Fire Department.
(r) 
No sign shall be erected that identifies or advertises the use of the premises for emergency shelter.
(s) 
Said use shall conform and be maintained in harmony with the overall character and appearance of the surrounding neighborhood.
(t) 
No emergency shelter, permitted pursuant to this subsection, shall be located less than 1,000 feet from an existing rooming house, boardinghouse, other emergency shelter, adult group home, agency community residence, agency group home, bed-and-breakfast or other similar use. The Zoning Board of Appeals may waive this requirement, if it finds that the following conditions have been met in addition to the general standards contained in § 405-54, Powers and duties, of this Chapter;
[1] 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Code will be observed.
[2] 
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
[3] 
That 51% or more of those persons within the restricted area as defined above in Subsection B(2)(t), of this chapter have signed a petition stating that they have no objection to the establishment of an emergency shelter use.
(u) 
Any person maintaining such an emergency shelter 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 Safety Division 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.
(v) 
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.
(w) 
Every applicant of an emergency shelter shall submit with his application to the Planning Board the following information, which is to be filed with the City Clerk and the Building Inspector:
[1] 
The name, address, and phone number of the owner or operating agency of the emergency shelter.
[2] 
The name, address, and phone number of the twenty-four-hour resident manager of the emergency shelter.
[3] 
A description of the property by legal address and the tax map identification (S-B-L).
[4] 
The number and type of rooms per floor, and a schedule of persons occupying each room and the maximum possible occupancy.
[5] 
A plan or diagram of the lot containing the emergency shelter, 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 and the Building and Safety Division of the City of Kingston Fire Department.
C. 
Emergency shelters may be permitted in the R-4, R-5 and R-6 Zones by a use variance, from the Zoning Board of Appeals, and a special permit by the Planning Board, when all other conditions in § 405-46.3B(1) and (2) can be satisfied, and subject to the following exceptions:
(1) 
When a use variance is required, a site plan review and a special permit shall be required from the Planning Board.
(2) 
Said special permit shall require a mandatory public hearing and an annual renewal. The annual renewal shall also require a public hearing.
(3) 
For all use variance applications considered under this subsection, the Zoning Board of Appeals shall not have the authority to waive or grant variances to the requirement of being located 1,000 feet from any other emergency shelter (reference § 406-46.3B).
[Added 5-6-2003, approved 5-8-2003]
Any fence, wood, stockade, chain link or any other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence.