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Kingston City Zoning Code

ARTICLE 4

General Standards

§ 405-12 Building type standards.

A. 
Purpose. This section sets forth the standards applicable to the development of each building type. These standards supplement the standards for each zone that the building types are allowed within, and are intended to shape development that reinforces the character and scale of Kingston's neighborhoods.
B. 
Applicability.
(1) 
The building type standards apply to all buildings in the T2, T3, T4, T5, and SD-WMU Transect Zones. Table 405.12.A describes which building types are allowed in each Transect Zone. An "X" in the column indicates that a particular building type is allowed in that district; other building types are not allowed in that district.
(2) 
Civic buildings
shall be exempt from the building type standards.
(3) 
An applicant may propose additional building types not identified here. (See § 405-26F.) The City of Kingston Planning Board will decide to accept, modify, or reject such additional building types during the approval process based on its determination as to the consistency of the additional building types with the planning, design, and compatibility principles set forth in the Transect Zone where the
lot
is located.
C. 
Building type standards.
(1) 
Each building type includes a summary description and photographs/illustrations of that type; this is general information about the building type and is not regulatory. Specific development standards for each type are shown in the tables. Where numerical development standards for an allowable building type are different than the general regulations for the Transect Zone, the standards for the building type prevail.
(2) 
The names of the building types are not intended to limit
uses
within a building type. For example, a detached house type may have nonresidential
uses
within it, such as a restaurant or office.
(3) 
Up to 10%
deviation
in the dimensional standards of this section may be approved as a
minor waiver
. (See § 405-26F.)
Table 405.12.A
Allowed Building Types
Building Types
T5
SD
T4
T3
T2
T5-MS
T5-F
T5N
SD-WMU
T4-MS
T4N-O
T4N
T3N-O
T3N
T3L
T2C
Main street building
X
X
X
X
X
Flex building
X
X
Liner building
X
X
X
X
X
Live/work building
X
X
X
X
X
X
Stacked flats
X
X
X
X
X
Courtyard building
X
X
X
Multiplex
X
X
X
X
X
Small multiplex
X
X
X
X
X
X
X
Neighborhood business
X
X
X
X
X
X
X
X
Rowhouse
X
X
X
X
X
X
Cottage court
X
X
X
X
X
Duplex
X
X
X
X
X
X
X
Detached house
X
X
X
X
X
X
X
Carriage house
X
X
X
X
X
X
X
X
D. 
Main street building.
(1) 
Description.
The main street building is a medium- to large-sized structure, typically attached, intended to provide a mix of uses with ground floor retail or service
uses
and upper-floor service or residential
uses
. This type promotes walkability and makes up the primary component of a neighborhood or downtown main street.
(2) 
Required building dimensions.
Building width
No minimum/150 feet maximum1
NOTE:
1
Buildings that meet the requirements for wide buildings [§ 405-14C(4)] may be permitted as a
minor waiver
.
(3) 
Allowed intensity.
Number of units per building
Unrestricted
(4) 
Allowed frontage types (§ 405-13).
Gallery, shopfront,1 forecourt, or dooryard are permitted
NOTE:
1
A shopfront is required where marked on the Special Requirements Map (§ 405-3).
(5) 
Required
private open space
dimensions.
No requirement
(6) 
Required pedestrian access.
Pedestrian access shall be provided from the front street sidewalk.
Upper floor units shall be accessed by a common entry along the front street sidewalk. For corner
lots
, secondary access may be provided from the side street as well.
Figure 405.12.D
Examples of Main Street Buildings
E. 
Flex building.
(1) 
Description.
The flex building type is a medium- to large-sized structure, typically one to three
stories
tall. It can be used to provide a vertical mix of
uses
with ground-floor industrial, service, or retail
uses
and upper-floor service or residential
uses
; or may be a single-use building. This type is a primary component of a flexible, urban neighborhood that provides a mix of buildings.
(2) 
Required building dimensions.
Building width
No minimum/no maximum1
NOTE:
1
Buildings with a street-facing
facade
wider than 150 feet shall meet the requirements for wide buildings [§ 405-14C(4)].
(3) 
Allowed intensity.
Number of units per building
Unrestricted
(4) 
Allowed frontage types (§ 405-13).
Shopfront, forecourt, or dooryard are permitted.
(5) 
Required
private open space
dimensions.
No requirement.
(6) 
Required pedestrian access.
Pedestrian access shall be provided from the front (preferred) or side street sidewalk.
Figure 405.12.E
Examples of Flex Buildings
F. 
Liner building.
(1) 
Description.
A liner building is a shallow structure that wraps the perimeter of a
block
to create a habitable street
frontage
and conceal surface or structured parking or a large-scale commercial building (theater, convention center, etc.). These buildings may contain a variety of
uses
, including ground-floor retail, and/or upper-level offices or residential.
(2) 
Required building dimensions.
Building width
No minimum/no maximum1
NOTE:
1
Buildings with a street-facing
facade
wider than 150 feet shall meet the requirements for wide buildings [§ 405-14C(4)].
(3) 
Allowed intensity.
Number of units per building
Unrestricted
(4) 
Allowed frontage types (§ 405-13).
Shopfront, forecourt, dooryard, or stoop are permitted
(5) 
Required
private open space
dimensions.
No requirement
(6) 
Required pedestrian access.
Pedestrian access shall be provided from the front street sidewalk. For corner
lots
, secondary access may be provided from the side street as well.
Figure 405.12.F
Examples of Liner Buildings
G. 
Live/work building.
(1) 
Description.
The live/work building type is a small- to medium-sized attached or detached structure that is allowed to house a flexible combination of limited commercial functions and the primary residential function. The commercial/flex space is typically on the ground floor, accessed from the street sidewalk. Both the commercial/flex space and the residential unit are owned by one entity.
(2) 
Required building dimensions.
Building width
18 feet minimum/50 feet maximum
(3) 
Allowed intensity.
Number of units per building
2 maximum
The floor area of the commercial/flex space shall be smaller than the floor area of the primary residential space.
(4) 
Allowed frontage types (§ 405-13).
Shopfront, forecourt, dooryard, or stoop are permitted.
(5) 
Required
private open space
dimensions.
Required behind the main body of the building
Width
10 feet minimum
Depth
10 feet minimum
Area
100 square feet minimum
(6) 
Required pedestrian access.
Pedestrian access shall be provided from a front (preferred) or side street sidewalk.
The commercial/flex space and
dwelling unit
shall have separate entries.
Figure 405.12.G
Examples of Live/Work Buildings
H. 
Stacked flats.
(1) 
Description.
The stacked flats building type is a medium- to large-sized structure that consists of multiple
dwelling units
. Each unit may have its own individual entry, or may share a common entry. This type is appropriately scaled to fit adjacent to neighborhood-serving main streets and
walkable
urban neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. This building type may include a courtyard.
(2) 
Required building dimensions.
Building width
No minimum/150 feet maximum1
NOTE:
1
Buildings that meet the requirements for wide buildings [§ 405-14C(4)] may be permitted as a
minor waiver
.
(3) 
Allowed intensity.
Number of units per building
Unrestricted
(4) 
Allowed frontage types (§ 405-13).
Forecourt, dooryard, and stoop are permitted.
(5) 
Required
private open space
dimensions.
No requirement
(6) 
Required pedestrian access.
Must provide pedestrian access from a street sidewalk or courtyard.
Courtyards shall be accessible from a street sidewalk and meet the dimensional requirements of a courtyard building.
Figure 405.12.H
Examples of Stacked Flats Buildings
I. 
Courtyard building.
(1) 
Description.
A courtyard building is a medium- to large-sized structure that consists of multiple
dwelling units
accessed from a central common courtyard or series of courtyards that open to the street.
(2) 
Required building dimensions.
Building width
No minimum/150 feet maximum
Courtyard width
40 feet minimum/150 feet maximum
Courtyard depth
40 feet minimum/150 feet maximum
Courtyard area
50 square feet per unit minimum
(3) 
Allowed intensity.
Number of units per building
Unrestricted
(4) 
Allowed frontage types (§ 405-13).
Forecourt, dooryard, and stoop are permitted.
(5) 
Required
private open space
dimensions.
No requirement
(6) 
Required pedestrian access.
Units shall enter from a street sidewalk or courtyard space. Each unit may have an individual entry.
Courtyards shall be accessible from a street sidewalk.
Figure 405.12.I
Examples of Courtyard Buildings
J. 
Multiplex.
(1) 
Description.
The multiplex is a medium- to large-sized structure that consists of seven to 18 side-by-side and/or stacked
dwelling units
, typically with one shared entry. This type is appropriately scaled to fit within medium-density neighborhoods; it enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.
(2) 
Required building dimensions.
Building width
80 feet maximum
Building depth
75 feet maximum
(3) 
Allowed intensity.
Number of units per building
7 minimum
T4: 12 maximum
T5: 18 maximum
(4) 
Allowed frontage types (§ 405-13).
Common yard, porch, stoop and dooryard are permitted.
(5) 
Required
private open space
dimensions.
Width
10 feet minimum
Depth
10 feet minimum
Area
100 square feet minimum
(6) 
Required pedestrian access.
Units shall enter from a common entry on the front street sidewalk. On corner
lots
, units may also enter from the side street.
Figure 405.12.J
Examples of Multiplex Buildings
K. 
Small multiplex.
(1) 
Description.
The small multiplex is a medium-sized structure that typically consists of three to six side-by-side and/or stacked
dwelling units
typically with one shared entry or individual entries along the front. The small multiplex has an appearance roughly comparable to a medium-sized single-family home and is appropriately scaled to fit within T3, T4, and similar walkable neighborhood districts or sparingly within large
lot
areas.
(2) 
Required building dimensions.
Building width
48 feet maximum
Building depth
48 feet maximum
(3) 
Allowed intensity.
Number of units per building
3 minimum
T3: 4 maximum1
T4/T5: 6 maximum
NOTE:
1
Up to six units may be permitted if at least two units are
affordable housing units
as described in § 405-19.
(4) 
Allowed frontage types (§ 405-13).
Common yard,
porch
, stoop and dooryard are permitted.
(5) 
Required
private open space
dimensions.
Required behind the main body of the building
Width
10 feet minimum
Depth
10 feet minimum
Area
100 square feet minimum
(6) 
Required pedestrian access.
Must provide pedestrian access from the front street sidewalk. Each unit may have an individual entry. For corner
lots
, secondary access may be provided from the side street as well.
Figure 405.12.K
Examples of Small Multiplex Buildings
L. 
Neighborhood business.
(1) 
Description.
A neighborhood business is intended to complement
walkable
neighborhoods by facilitating a small increment of mixed use in a pedestrian-friendly ground-floor retail or service use accessed from the sidewalk. Residential units, storage or small offices may be located on upper floors.
(2) 
Required building dimensions.
Building width
60 feet maximum
(3) 
Allowed intensity.
Ground floor footprint/commerce use floor area
3,500 square feet or less in T4/T5
3,000 square feet or less in T3
Number of units per building
Unrestricted (upper floors only)
(4) 
Allowed frontage types (§ 405-13).
Shopfront and dooryard are permitted.
(5) 
Required
private open space
dimensions.
No requirement
(6) 
Required pedestrian access.
Must provide pedestrian access from the front street sidewalk
Figure 405.12.L
Examples of Neighborhood Business Buildings
M. 
Rowhouse.
(1) 
Description.
The rowhouse building type is a small- to medium-sized combination of attached structures that consists of two to eight rowhouses placed side by side. This type may also occasionally be detached with minimal separation between buildings. This type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.
(2) 
Required building dimensions.
Building width
18 feet minimum/36 feet maximum
Rowhouses per run
2 feet minimum/8 feet maximum
(3) 
Allowed intensity.
Number of units per rowhouse
1 per floor maximum
ADUs per rowhouse (§ 405-18)
1 attached or detached
(4) 
Allowed frontage types (§ 405-13).
Porch, stoop and dooryard are permitted.
(5) 
Required
private open space
dimensions.
Required behind the main body of the building
Width
10 feet minimum
Depth
10 feet minimum
Area
100 square feet minimum
(6) 
Required pedestrian access.
Each unit shall have an individual entry facing a street.
Figure 405.12.M
Examples of Rowhouse Buildings
N. 
Cottage court.
(1) 
Description.
The
cottage court
type consists of a series of small, detached structures on a common
lot
providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard. This type is appropriately scaled to fit within primarily single-family or medium-density neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.
(2) 
Required building dimensions.
Cottage footprint (per building)
500 square feet minimum; 800 square feet maximum
Cottage height
1.5
stories
maximum
(3) 
Allowed intensity.
Number of units per building
1 maximum
Cottage buildings per
lot
3 minimum/9 maximum
(4) 
Allowed frontage types (§ 405-13).
Common yard,
porch
, stoop and dooryard are permitted.
(5) 
Required
private open space
dimensions.
Shared courtyard, accessible from the street
Width
20 feet minimum
Depth
20 feet minimum
Area
400 square feet minimum
(6) 
Required pedestrian access.
Pedestrian access shall be from the central courtyard or the front street sidewalk.
Figure 405.12.N
Examples of Cottage Court Buildings
O. 
Duplex.
(1) 
Description.
The duplex building type is a small- to medium-sized structure that consists of two side-by-side or stacked
dwelling units
, both facing the street, and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single-family neighborhoods or medium-density neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability.
(2) 
Required building dimensions.
Building width
50 feet maximum
(3) 
Allowed intensity.
Number of primary units per building
2 maximum
ADUs per
lot
(§ 405-18)
1 attached or detached1
NOTE:
1
Up to 2 ADUs per
lot
(attached or detached) may be permitted by
major waiver
; see § 405-26F.
(4) 
Allowed frontage types (§ 405-13).
Common yard,
porch
, stoop and dooryard are permitted.
(5) 
Required
private open space
dimensions.
Required behind the main body of the building
Width
15 feet minimum
Depth
15 feet minimum
Area
300 square feet minimum
(6) 
Required pedestrian access.
Pedestrian access shall be from the front street sidewalk.
Figure 405.12.O
Examples of Duplex Buildings
P. 
Detached house.
(1) 
Description.
The detached house is a small-, medium- or large-sized detached structure that incorporates one unit. It is typically located within a primarily single-family residential neighborhood in a
walkable
urban setting.
(2) 
Required building dimensions.
Building width
50 feet maximum
(3) 
Allowed intensity.
Number of units per building
1 maximum
ADUs per
lot
(§ 405-18)
1 attached or detached1
NOTE:
1
Up to 2 ADUs per
lot
(one attached and one detached) may be permitted by
major waiver
, see § 405-26F.
(4) 
Allowed frontage types (§ 405-13).
Common yard,
porch
, stoop, and dooryard are permitted.
(5) 
Required
private open space
dimensions.
Required behind the main body of the building.
Width
20 feet minimum
Depth
20 feet minimum
Area
500 square feet minimum
(6) 
Required pedestrian access.
Pedestrian access shall be from the front street sidewalk.
Figure 405.12.P
Examples of Detached House Buildings
Q. 
Carriage house (
accessory building
).
(1) 
Description.
The
carriage house
building type is an
accessory structure
typically located at the rear of a
lot
. This structure typically provides either a small residential unit (ADU), home office space, or other small commercial or service
use
that may be above a garage or at ground level. This building type is important for providing affordable housing opportunities and incubating small businesses within
walkable
neighborhoods.
(2) 
Required building dimensions.
Building width
36 feet maximum
Building depth
30 feet maximum
Separation from main building
10 feet minimum
(3) 
Allowed intensity.
ADUs per building (§ 405-18)
1 maximum
Commerce
use
floor area
500 square feet maximum
Carriage houses per
lot
1 maximum
(4) 
Allowed frontage types (§ 405-13).
Porch
and stoop are permitted.
(5) 
Required
private open space
dimensions.
Determined by the main building on the
lot
; no additional private
open space
is required for a
carriage house
.
(6) 
Required pedestrian access.
Side street,
alley
, or internal to the
lot
. The main entrance shall not be through a garage.
Figure 405.12.Q
Examples of Carriage House Buildings

§ 405-13 Frontage type standards.

A. 
Purpose. This section sets forth the standards applicable to the development of private
frontages
. Private
frontages
are the components of a building that provide an important transition between the public realm (street and sidewalk) and the private realm (yard or building).
B. 
Applicability.
(1) 
The frontage type standards apply to all principal buildings in the T2, T3, T4, T5, and SD-WMU Transect Zones. Table 405.13.A describes which frontage types are allowed for each building type (§ 405-12). An "X" in the column indicates that a particular frontage type is allowed; other frontage types are not appropriate for that building type.
(2) 
Each frontage type is described in the subsections that follow. For each frontage type, a description, dimensional standards, and additional standards are provided. For the purposes of this Code and for the type of conditions present in Kingston, there are seven frontage types regulated by this Code.
Table 405.13.A
Allowed Frontage Types
Building Types (§ 405-12)
Frontage Types
Main Street Building
Flex Building
Liner Building
Live/Work Building
Stacked Flats
Courtyard Building
Multiplex
Multiplex: Small
Neighborhood Business
Rowhouse
Cottage Court
Duplex
Detached House
Carriage House
Common yard
X
X
X
X
X
Porch
X
X
X
X
X
X
X
Stoop
X
X
X
X
X
X
X
X
X
X
X
X
Dooryard/front yard
X
X
X
X
X
X
X
X
X
X
X
X
X
Shopfront
X
X
X
X
X
Forecourt
X
X
X
X
Gallery
X
C. 
Frontage type standards.
(1) 
Common yard.
(a) 
Description.
The main building
facade
is set back substantially from the right-of-way with a planted
frontage
. The front yard created is often unfenced and visually continuous with adjacent yards, supporting a common landscape.
(b) 
Size.
Depth, clear
15 feet minimum
A
(c) 
Miscellaneous.
[1] 
Common yards may be used in conjunction with another frontage type, such as a
porch
or stoop.
[2] 
Common yards are encouraged along streets where adjacent parcels also have a common yard frontage.
Figure 405.13.B.1
Common Yard Examples
(2) 
Porch.
(a) 
Description.
The main
facade
of the building is within the
build-to zone
(BTZ) or behind the
setback
line, and the
porch
may project forward. The
porch
is used to access a first floor that is elevated above the sidewalk to ensure privacy within the building. A
porch
is large enough to function as an outdoor living space.
(b) 
Size.
Width, clear
8 feet minimum
A
Depth, clear
6 feet minimum
B
Height, clear
8 feet minimum
C
Height
2
stories
maximum
Finish level above sidewalk
18 inches minimum
D
(c) 
Miscellaneous.
[1] 
In Transect Zones where
frontage encroachments
are allowed, a
porch
is a permitted
encroachment
forward of the
build-to zone
or
setback
line. A porch/porch stairs may not extend into the public
right-of-way
.
[2] 
Porches
may project forward or be engaged with the
front facade
of the building. Projecting
porches
must be open on three sides and have a roof. Engaged
porches
must be open on two sides (with two sides engaged to the building) and have a roof.
Figure 405.13.B.2
Porch Examples
(3) 
Stoop.
(a) 
Description.
The main
facade
of the building is within the
build-to zone
(BTZ) or behind the
setback
line, and the elevated stoop projects forward. The stoop is to access a first floor that is elevated above the sidewalk to ensure privacy within the building. Stairs from the stoop may descend forward or to the side.
(b) 
Size.
Width, clear
5 feet minimum; 8 feet maximum
A
Depth, clear
5 feet minimum; 8 feet maximum
B
Height, clear
8 feet minimum
C
Height
1
story
maximum
Finish level above sidewalk
18 inches minimum
D
(c) 
Miscellaneous.
[1] 
In Transect Zones where
frontage encroachments
are allowed, a stoop is a permitted
encroachment
forward of the
build-to zone
or
setback
line. A stoop/stoop stairs may not extend into the public
right-of-way
.
[2] 
Stairs may be perpendicular or parallel to the building
facade
.
Figure 405.13.B.3
Stoop Examples
(4) 
Dooryard/front yard.
(a) 
Description.
A
frontage
wherein the main
facade
of the building is set back a small distance and the
frontage line
is defined by a
garden wall
, fence or hedge. The dooryard may be raised, sunken, or at grade.
A front yard is a permitted variation with a small to moderate building
setback
, and front yard area defined by a
garden wall
, fence or hedge that extends to the back of the sidewalk.
(b) 
Size.
Depth, clear
8 feet minimum
A
Path of travel
3 feet wide minimum
B
Ground floor transparency
See general standards.
Finish level above sidewalk
3 feet 6 inches maximum
C
Finish level below sidewalk
6 feet maximum
Figure 405.13.B.4
Dooryard/Front Door Examples
(5) 
Shopfront.
(a) 
Description.
The main
facade
of the building is at or near the
frontage line
and may include a canopy or awning element that overlaps the sidewalk along the
frontage
. A canopy is a structural cantilevered shed roof; an awning is canvas or similar material and is often retractable.
(b) 
Size.
Distance between glazing
2 feet maximum
A
Ground floor transparency
See general standards.
Door recess
5 feet maximum
B
(c) 
Canopy or awning.
Depth
4 feet minimum
C
Setback
from curb
2 feet minimum
D
Height, clear
8 feet minimum
E
(d) 
Miscellaneous.
Shopfronts are required where marked on the Special Requirements Map, § 405-3.
Additional standards are located in architectural standards, § 405-14D.
Doors may be recessed as long as the main
facade
is within the BTZ.
Open-ended awnings are encouraged.
Rounded and hooped awnings are discouraged.
Figure 405.13.B.5
Shopfront Examples
(6) 
Forecourt.
(a) 
Description.
The primary portion of the building's main
facade
is at the
build-to zone
while a small percentage is set back, creating a court space. This space can be used as an apartment entry court, garden space, or for restaurant outdoor dining.
(b) 
Size.
Width, clear
12 feet minimum
A
Depth, clear
12 feet minimum
B
(c) 
Miscellaneous.
Forecourts are especially useful along larger, more auto-dominant thoroughfares in order to provide well-shaped, intimately sized public outdoor spaces.
Figure 405.13.B.6
Forecourt Example
(7) 
Gallery.
(a) 
Description.
The main
facade
of the building is at the
build-to zone
and the gallery element overlaps the sidewalk, eliminating the need for an awning. This frontage type is intended for buildings with ground-floor commercial or retail
uses
; the gallery may be one or two
stories
in height.
(b) 
Size.
Depth, clear
8 feet minimum
A
Ground floor height, clear
11 feet minimum
B
Upper floor height, clear
9 feet minimum
C
Height
2
stories
maximum
D
Setback
from curb
2 feet minimum; 3 feet maximum
E
(c) 
Miscellaneous.
Galleries must also follow all the rules of the shopfront frontage type.
Figure 405.13.B.7
Gallery Examples

§ 405-14 Architecture and site design standards.

A. 
Purpose. A primary goal of these architecture and site design standards is authenticity: encouraging construction which is both timeless and functional. The character of new building
facades
should reflect and complement the materials and general scale of Kingston's local residential and commercial structures. They should employ materials and construction techniques that will result in long-lasting structures, both in durability and design expression. These architecture and site standards work in tandem with the building type standards, and other provisions of this Code, to deliver a high-quality public realm.
B. 
Applicability.
(1) 
The architectural standards of §§ 405-14C through 405-14G apply to all
principal buildings
in the T2, T3, T4, T5, and SD-WMU Transect Zones. The architectural standards of §§ 405-14C through 405-14G are encouraged (but not required) for detached house,
carriage house
, duplex or
cottage court
building types. Design of structures should be compatible with the surrounding neighborhood, not necessarily discouraging other styles.
(2) 
The building height standards of § 405-14H shall apply to all new or improved
buildings
.
(3) 
The site design standards of §§ 405-14I through 405-4K (Garden walls, fences and screening; Lighting; Required landscape) shall apply to all
site plan
applications.
(4) 
Up to 10%
deviation
in the dimensional standards of this section may be granted as a
minor waiver
. (See § 405-26F.)
C. 
Figure 405.14.C.1.a
The Base, Body and Cap
Facade composition.
(1) 
Base, body and cap. These elements communicate height to the pedestrian.
Expression lines
can be used to distinguish between each component.
(a) 
Expression lines
shall either be moldings extending a minimum of two inches, or jogs in the surface plane of the building wall greater than two inches.
(b) 
A building mass may be subdivided by
expression lines
into one, two, or three horizontal layers. (See Figure 405.14.C.1.b.)
(c) 
Figure 405.14.C.1.b
Facades Divided Into 1, 2, and 3 Horizontal Layers
Required
expression lines
:
[1] 
An
expression line
shall be used at the top of shopfronts, which may incorporate a band for signage.
[2] 
For buildings greater then three
stories
, the ground floor shall be differentiated from those floors above by an
expression line
in order to reinforce the pedestrian realm.
(d) 
The top of each building should be emphasized with a projecting
cornice
. This
cornice
should feature a deeper projection, and therefore stronger shadow line, than any other
expression line
on a
facade
.
(2) 
Center lines.
(a) 
Structural center lines are vertical lines not interrupted by fenestration (window and door openings).
Facades
shall feature alternating structural center lines and fenestration center lines.
 
(b) 
Figure 405.14.C.2: Structural and fenestration center lines, showing how the solid and voids in the facade align vertically; and organization of the facade into vertical modules. The facade example here follows an ABBA pattern.
These center lines shall extend from the top of a mass to the bottom of a mass.
(c) 
Multiple windows and/or doors may be grouped symmetrically around a single fenestration center line.
(d) 
The spacing of center lines may be identical across a
facade
, or may vary. When varying the spacing between center lines of any one
facade
, using a repetitive sequence of bays as justification is recommended to provide order and balance.
(e) 
In designated Historic Districts, the size, proportion, and rhythm of windows should generally be similar to other buildings on the same
block
.
(3) 
Facade transparency requirements. All building
facades
which face onto a street or public space shall meet the minimum transparency requirements outlined below. The percentage of transparency (door and window openings) per
story
shall be calculated within the area between finished floors and shall be a total percentage of doors and windows along that portion of the
facade
. Upper floor transparency is measured to the finished ceiling. Applicants shall provide a diagram to demonstrate compliance with this provision.
(a) 
Figure 405.14.C.3
Example of Compliant
Facade
Fenestration
Building
facade transparency
for ground
story
(retail): 60% minimum
(b) 
Building
facade transparency
for ground
story
(
uses
other than retail): 30% minimum.
(c) 
Building
facade transparency
for upper
stories
: 20% minimum.
(d) 
Blank wall areas (
facade
areas without doors or windows) shall not exceed 30 feet in length along any
story
facing a street
frontage
.
(4) 
Wide buildings. The primary
facade
of buildings wider than 150 feet shall be varied with a change of architectural expression.
(a) 
These changes in expression may be a vertical element running from the ground plane to the roof, a change in fenestration, color, or texture, or a break in building
facade
plane or roofline.
(b) 
These changes may be subtle or significant, but should soften the visual effect of very wide buildings directly across the street from narrower buildings.
D. 
Figure 405.14.D
Anatomy of a Storefront
Shopfronts.
(1) 
The top of all shopfront window sills shall be between one and three feet above the adjacent sidewalk.
 
(2) 
Shopfront windows shall extend up from the sill at least eight feet above the adjacent sidewalk.
(3) 
Shopfronts shall have a
cornice
or
expression line
above, between the first and second
stories
.
(4) 
Shopfront windows may not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space). Reflective, tinted and frosted glass is prohibited on shopfronts.
(5) 
Doors or entrances for public access shall be provided at intervals no greater than 50 feet, unless otherwise approved as a
minor waiver
. (See § 405-26F.) The intent is to maximize street activity, to provide pedestrians with frequent opportunities to enter buildings, and to minimize any expanses of inactive wall.
(6) 
Shopfront doors shall contain at least 60% transparent glass. Solid doors are prohibited.
(7) 
A minimum of 15 feet of depth of
habitable space
shall be provided behind each shopfront on the primary
facade
. This ensures that the area behind shopfronts is sufficient enough to be an actively used space.
E. 
Building wall materials and masonry detailing.
(1) 
Building wall materials.
(a) 
When materials are layered on a
facade
in horizontal bands, heavier materials (such as stone or masonry) should be placed below lighter materials (such as wood siding).
(b) 
For buildings greater than three
stories
, the ground floor should be differentiated from those floors above in order to reinforce the pedestrian space.
(c) 
Permitted finished building wall materials include: brick masonry, stone or precast stone, stucco, horizontal lap siding (of wood or composition board, such as HardiPlank®), pre-engineered metal and glass systems (for windows, doors, and shopfront conditions).
(d) 
Other siding materials may include metal or cementitious panels for ornamentation and shall not be used as a principal building wall material.
(e) 
All siding materials shall incorporate vertical corner boards on outside building corners. Corner boards shall be a minimum of three nominal inches in width and a minimum of one inch thick.
(f) 
Vinyl and aluminum siding are not permitted.
(g) 
EIFS (Exterior Insulation and Finishing System), Styrofoam, and all other foam-based products are not permitted.
(h) 
All stucco surfaces shall have a smooth or sand finish, be hand-troweled in texture, and painted. Sprayed on stucco finishes are prohibited.
(2) 
Figure 405.14.E.2.a
Headers: Stone Lintel (left) and Brick Jack Arch (right)
Masonry detailing.
(a) 
Headers. A header is the horizontal member (or assembly of members) visibly spanning the top of an opening.
[1] 
All openings in masonry construction should be spanned by a header.
[2] 
Permitted header forms shall be the lintel, arch, and jack arch. Headers may be composed of more ornate moldings or pediments. The header shall visually appear able to carry the wall load above.
[3] 
Headers may be comprised of a variety of materials, including: brick, stone, cast stone, wood, and metal. All headers on a building shall be of a matching style and material.
[4] 
Headers shall be wider than the opening they span.
(b) 
Figure 405.14.E.2.b
Sills: Cast Concrete (left) and Brick (right)
Sills. A sill is the horizontal member (or assembly of members) at the base of a window or door opening.
 
[1] 
All window and door openings in masonry construction shall have a sill at their base.
[2] 
Sills shall be generally rectangular in form and slope slightly away from the opening to shed water.
[3] 
Sills may be comprised of a variety of materials, including: brick masonry, stone, cast stone, and concrete. All sills on a building shall be of a matching style and material.
[4] 
Sills should include a projection beyond the wall surface below. Sills shall be slightly wider than the opening.
(c) 
Figure 405.14.E.2.c
Caps
Caps. A cap is the protective top layer of a masonry structure exposed to weather from above, such as a wall or parapet.
[1] 
A cap shall protect the tops of all masonry structures exposed to the weather including:
garden walls
, stair treads, planter edges, parapets, and freestanding piers.
[2] 
Caps shall be comprised of stone, cast stone, brick, concrete, slate, or other material determined by the
Planning Administrator
or their designee to be of similar durability.
[3] 
The edges of caps may be rectangular or may be more ornate.
[4] 
Caps should project past the edge of the masonry structure below.
F. 
Figure 405.14.F
Attached and Detached Liner Buildings
Required liner buildings. The character of some uses of land, such as parking lots or structures, theaters, or grocery stores, may preclude buildings from complying with the
facade transparency
requirements of § 405-14C(3), and detract from walkability of the surrounding area.
Liner buildings
are required in the following conditions:
(1) 
Liner buildings
are required to shield the view of new parking areas in T4 and T5 areas as well as Historic Districts; this shall apply to parking structures and to surface lots larger than 5,000 square feet.
(2) 
Liner buildings
are required for new buildings that cannot meet the
facade transparency
requirements of § 405-14C(3).
(3) 
Required
liner buildings
shall be a minimum of two
stories
in height and 15 feet in depth, and shall meet the requirements of § 405-14C(3).
(4) 
Required
liner buildings
may be used for any purpose allowed on the
lot
on which they are located.
(5) 
Required
liner buildings
shall meet the
facade
composition requirements of § 405-14C.
G. 
Building details.
(1) 
Doors and windows.
(a) 
Figure 405.14.G.1
Vertical Window Proportion. Left, vertical window opening (permitted); center, grouping of vertically proportioned windows to fill a horizontal opening (permitted); right, horizontally proportioned window (not permitted)
Principal entrances
of every building shall directly face a street or public space. Public space may include a central garden or courtyard when that public space opens directly onto a street. Additional building entrances are permitted.
(b) 
In Historic Districts, windows and doors shall be vertically proportioned. Window openings may be horizontally proportioned, but only if composed of vertically proportioned windows grouped together and each separated by a mullion, column, or wall section with a minimum width of four inches. Horizontally proportioned transom windows are permitted if part of an overall vertical composition.
(c) 
Window and door openings in masonry
facades
should express a structural lintel above to express the conveyance of building weight. (See masonry detailing). A similar method using wood trim can be used on wood-clad
facades
.
(2) 
Figure 405.14.G.2.a.I
Gabled roof (left); Hipped roof (right)
Figure 405.14.G.2.a.ii
Hipped roof with parapet (left); flat roof with parapet (right)
Figure 405.14.G.2.a.iii
Mansard Roof
Roofs and parapets.
(a) 
Roofs may feature the following configurations:
[1] 
Gabled.
[2] 
Hipped.
[3] 
Flat/shed.
[4] 
Gambrel (limited to small multiplex, duplex, detached house,
carriage house
and accessory buildings).
[5] 
Mansard.
(b) 
The minimum slope for the primary roof area of a gabled or hip roof shall be 3:12, and the maximum slope shall be 12:12 (not including dormers, entry canopies, or similar accessory elements). The lower slope on a gambrel or mansard roof shall be greater then 12:12; it is historically appropriate for this slope to be close to vertical.
(c) 
Gabled, hipped, gambrel and mansard roofs may either rise from a projecting eave, or from behind a parapet. Artificial mansard roofs applied to the front
facade
of a building are prohibited.
(d) 
Visible gabled roof ends shall be symmetrically pitched.
(e) 
Flat/shed roofs shall always be concealed behind a parapet.
(f) 
The profile of parapets may be sculpted, with additional vertical emphasis corresponding to a prominent facade fenestration center line.
(g) 
A taller portion of a sculpted parapet may incorporate a signage panel.
(3) 
Figure 405.14.G.3
Small Footprint Towers/Cupolas
Small footprint towers/cupolas.
Small footprint towers
and cupolas may be designed to serve as visual landmarks and extend above the roof as follows:
(a) 
Towers/cupolas with a footprint smaller than 30 feet by 30 feet may extend up to 15 feet above the height limit permitted by the Transect Zone.
(b) 
Towers/cupolas with a footprint smaller than 15 feet by 15 feet may extend up to 30 feet above the height limit permitted by the Transect Zone.
(4) 
Figure 405.14.G.4.b
Vertical column spacing. Left, vertically proportioned opening (permitted); center, square opening (permitted); right, horizontally proportioned opening (not permitted)
Columns.
(a) 
All columns shall be either round or square in section.
(b) 
All columns shall be spaced at regular intervals to the greatest extent possible, and shall create openings which are square or vertically proportioned. (See Figure 405.14.G.4.b.)
(c) 
Columns should always support a structural spanning element, such as a beam, arch, or entablature. (See Figure 405.14.G.4.c.)
(d) 
Columns shall always be positioned so that the outside edge of the beam, arch, or entablature above aligns with the neck of the column. (See Figure 405.14.G.4.d.)
Figure 405.14.G.4.c
Columns Spanned by a Visually Structural Element
Figure 405.14.G.4.d
Alignment of Column Neck and Face of Entablature. A projecting cornice (as seen in Figure 405.14.G.4.c) could be included to shed water, snow, and ice.
(5) 
Balconies.
(a) 
Within Historic Districts, balconies are only permitted on new construction or to replace a previously existing balcony.
(b) 
Balconies shall protrude no more than six feet from the building wall. Balconies may be inset or wholly within the main body of the building.
(c) 
All balconies shall be visibly supported from below by brackets or another structurally implicit mechanism, or adjacent side walls (if the balcony is inset within the main body of the building).
(6) 
Second-
story
balconies shall have a depth of at least four feet and a clear height below of at least eight feet above the sidewalk. Balconies may not project within two feet of the curb.
(a) 
Balconies may have roofs but must be open toward the primary street.
H. 
Figure 405.14.H
Building Height
Building height.
(1) 
Overall
building height
shall be measured vertically in
stories
, from the average grade adjacent to the front building facade to the eave of the roof or roof deck (if flat).
(2) 
If the
first story
is required to be elevated to meet minimum flood elevation standards, overall
building height
shall be measured from such elevation to the eave of the roof or roof deck (if flat).
(3) 
Measuring
stories
.
(a) 
A
story
is measured from finished floor level to the surface of the floor or eave of the roof above.
Stories
may not exceed 16 feet in height from finished floor to finished floor, except for a first floor commercial function in T5 and T4 Zones, which may be a maximum of 25 feet. Greater ceiling height may be permitted, but such spaces will be counted as two or more
stories
.
(b) 
Cellars
, uninhabitable
attics
, and underground parking shall not count as a
story
for the purposes of determining
building height
.
(c) 
Mezzanines with a floor area less than or equal to 1/3 of the floor area of the
story
above which they are located shall not count as a
story
in the building height measurement. Mezzanines with a floor area greater than 1/3 of the floor area of the
story
above which they are located shall count as an additional
story
in the building height measurement.
(4) 
When building height allows for half-
stories
:
(a) 
The half-
story
is calculated as the space under a sloping roof where the line of intersection of roof decking and exterior wall face is no more than five feet above the top floor level.
(b) 
Dormers, if present, shall not be individually more than 15 feet wide and collectively not more than 50% of the facade elevation in length.
(5) 
When a lot slopes downward from the front lot line, an additional
story
in addition to the maximum number allowed is permitted only on the lower rear portion of the lot. (See Figure 405.14.H.)
(6) 
The following are permitted above the top
story
:
(a) 
Small footprint towers and cupolas may extend above the designated height limit as described in § 405-14G(3).
(b) 
Nonhabitable roof structures, including chimneys, elevator penthouses, rooftop mechanical equipment, railings, parapet walls, and similar projections may exceed the building height limit, provided that such structures do not exceed 10 feet above the eave of the roof or roof deck (if flat).
I. 
Garden walls, fences and screening. A
garden wall
is a wall that defines the
frontage line
and/or the perimeter of a property.
Garden walls
are encouraged along all unbuilt street rights-of-way to shield views to parking, provide privacy to a side yard, and strengthen the spatial definition of the public realm.
(1) 
General to
garden walls
and fences.
(a) 
All
garden walls
and fences along
property lines
at public street rights-of-way shall be a maximum of four feet in height.
(b) 
All walls or fences not along
property lines
at public street rights-of-way, including walls or fences along side (mid-block) and rear property lines, shall be a maximum of eight feet in height.
(c) 
Any fence, wood, stockade, chain-link or any other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts shall be placed on the inside of the fence.
(d) 
Barbed wire, plastic slats, or plastic screening fabric is prohibited for all uses except existing working waterfront or light and medium industrial uses in SD-F Districts. Any barbed wire fencing shall be subject to the approval of the Planning Board, which is authorized to impose reasonable restrictions and limitations regarding height, materials and facing.
(2) 
Specific to
garden walls
along a
right-of-way
.
(a) 
Garden walls
shall be constructed of brick, stone, cast stone, or other masonry faced with stucco, or may be constructed with iron, steel, or a combination of masonry, iron and steel.
(b) 
When both the building walls and the
garden walls
are faced with stucco, the finish and color shall be identical on both.
(c) 
Garden walls
may include panels of wood or metal, or hedges, between piers.
(d) 
All
garden walls
and piers shall have a cap. (See masonry detailing § 405-14E.)
(3) 
Specific to fences along a
right-of-way
.
(a) 
Fences shall be constructed of wood (picket fences with corner posts) or metal. Dark colors for metal fences (black, bronze, or dark green) are required.
(b) 
Chain-link fences are not permitted.
(4) 
Gates.
(a) 
Pedestrian and vehicular gates within walls and fences shall be a maximum of 20 feet in width, unless a wider opening is required for fire/emergency access, and no taller than the adjacent wall or fence height.
(b) 
Gates shall be constructed of wood or metal.
(5) 
Screening of mechanical equipment and service areas.
(a) 
For the purposes of these standards, mechanical equipment shall include any heating, ventilation, and air conditioning (HVAC) or electrical machinery but also includes air compressors, hoods, mechanical pumps, exterior water heaters, water softeners, utility and telephone company transformers, meters or boxes, garbage cans, storage tanks, generators, geothermal wells, and similar elements.
[1] 
Mechanical equipment shall not be located on a front building
facade
where visible from streets and public spaces.
[2] 
If mechanical equipment is located at grade, and is visible from an adjacent street or sidewalk, it shall be screened by a fence or
garden wall
. When equipment is taller than the maximum height for
garden walls
and fences, the height may be extended to match that of the mechanical equipment with the approval of a
minor waiver
. (See § 405-26F.)
[3] 
All mechanical equipment or penthouse screening to be placed on the roof shall be set back from the roofline by a distance at least equivalent to the height of the screening in order to minimize visibility from surrounding streets.
(b) 
Service areas, including loading docks, shall not be visible from public streets, sidewalks, parks, or squares, but may be visible from
alleys
. Specific to waste and recycling service areas facilities:
[1] 
Driveways and aisles leading to waste and recycling service areas shall be unobstructed.
[2] 
All waste collections and recycling containers shall be enclosed or screened so as not to be visible from the street
right-of-way
or other publicly accessible areas, and shall be located on a concrete pad. The structure shall be enclosed on all sides, one of which includes a gate or door that can be secured.
[3] 
The enclosures may not be located in any required front yard, side street yard, required parking or landscape areas or any other area required by law to be maintained.
[4] 
The enclosure may consist of screen fencing of chain-link with slats, solid wood, or masonry walls a minimum of one foot taller than the container and no taller than eight feet.
[5] 
Enclosures shall be maintained in a manner that protects adjacent properties as well as tenants located on the subject property from adverse environmental, health and safety impacts, such as noise, odors and attraction of rodents or other pests. The receptacle shall be covered by either a roof on the enclosure or covered receptacles.
J. 
Lighting.
(1) 
Lighting standards.
(a) 
Lighting standards protect against glare, preserve the night sky, and reduce unnecessary energy use from over lighting. The lower Transect Zones (such as T1, T2 Zones) tend to be darker, while higher levels of outdoor lighting may be more suitable in mixed-use areas (such as T4, T5).
(b) 
The standards in Table 405.14.J describe the desired general ambient light levels across the Transect.
(c) 
Light fixtures in the building
frontage
area shall be fully or partially shielded.
[1] 
"Fully shielded fixture" means an outdoor light fixture constructed and mounted so that the installed fixture emits no light above the horizontal plane. Fully shielded light fixtures must be shielded in and of themselves. Surrounding structures, like canopies, are not to be considered when determining if the fixture is fully shielded. Fully shielded fixtures must be appropriately mounted so that the shielding prevents light from escaping above the horizontal and all light is directed downward.
[2] 
"Partially shielded light fixture" means an outdoor light fixture constructed and mounted so that the installed fixture emits some of its light above the horizontal plane. Light emitted at or above the horizontal plane (sideways or upwards) shall arise solely from incidental decorative elements or strongly colored or diffusing materials, such as colored glass or plastic. Fixtures using spot or flood lamps are considered partially shielded if the lamps are aimed no higher than 45° above the vertical plane beneath the fixture.
Table 405.14.J
Lighting Standards
T5
SD
T4
T3
T2
T1
SD
Standard
T5-MS
T5-F
T5N
SD-WMU
T4-MS
T4N-O
T4N
T3N-O
T3N
T3L
T2C
T1
SD-W
SD-C
SD-MF
SD-F
SD-1
Ambient light levels
Medium
Low
Very low
None
Medium/low
Lighting level measured at the building
frontage
shall not exceed: (footcandles)
5.0
2.0
1.0
0.5
5.0
2.0
Required shielding
Partially shielded light fixture or better
Fully shielded light fixture or better
Partially shielded light fixture or better
(2) 
Streetlighting. See street design standards [§ 405-22C(9)].
K. 
Landscape standards.
(1) 
Required landscaping.
(a) 
All portions of improved multifamily and nonresidential properties which are not used for buildings, structures, off-street parking and loading, permitted
open storage
, driveways, walkways or similar purposes shall be appropriately landscaped with grass, shrubs, community gardens/pollinator gardens, trees and other ground cover in such a manner as to minimize erosion and stormwater runoff and to maintain or improve the aesthetics of such development.
(b) 
Landscape strips shall be provided in TxN, T3L, T2C, and SD Districts where there are required setbacks of three feet or more along side or rear
property lines
of multifamily and nonresidential uses. Such landscape strips shall comply with the following minimum standards as well as all applicable requirements set forth elsewhere in this chapter:
[1] 
Said landscape strips shall be at least three feet wide and include evergreen planting and other landscaping of such type, height, spacing and arrangement as, in the judgment of the
Planning Administrator
or Planning Board (for major
site plan
), will effectively screen the activity on the lot from neighboring uses. New trees shall have a caliper of not less than three inches from the base and shall be at least six feet high when planted.
[2] 
Unless specifically required elsewhere in this chapter, an opaque wall or fence that meets the requirements of § 405-14I and approved by the
Planning Administrator
or Planning Board (for major
site plan
) may be substituted for part or all of the required landscape strips.
[3] 
Where the existing topography and/or existing landscaping provides adequate screening, or the size of the side or rear setback is 25 feet or greater, the
Planning Administrator
or Planning Board (for major
site plan
) may waive or modify the planting and/or landscape requirements of this chapter.
(c) 
In order to promote sustainable landscape practices, plant varieties shall be selected for resistance to drought, moisture, salt, urban conditions, or insects and other pests depending on the location of landscaping and the specific stressors anticipated for different areas of the
site
. Plants shall be selected so that landscaping can be maintained with minimal care and the need for watering, pesticides, or fertilizers can be minimized or eliminated. Native species should be used when feasible; use of any nonnative plantings shall require a written justification for the selection. Tree species selection should reference available guidance from the Kingston Tree Commission.
(d) 
Maintenance. All fences, trees, plantings, shrubbery or other screening required by the Zoning Ordinance shall be maintained at all times at least to the same quality required of said items at the time they were initially installed.
(e) 
Penalties. If, after 30 days' notice, such fences, trees, plantings, shrubbery or other screening is not erected, replaced, repaired or maintained by or on behalf of such owner, the City Council may authorize the Department of Public Works to perform the necessary work and provide for the assessment of all costs and expenses so incurred by the City in connection with any action taken against the land on which such screening facilities are located. The costs and expenses so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property.
(2) 
Detention and retention areas. Detention and retention areas should be designed without fencing and in a manner that does not call attention to its storm management function.
(3) 
Steep slopes. Ground which has an incline of 25% or more shall be preserved. Development on ground which has an incline of 10% to 25% will require Planning Board approval through a
major waiver
. (See § 405-26F.)

§ 405-15 Waterfront Overlay standards.

A. 
Purpose. The purpose of the Waterfront Overlay is to provide standards for public access to the shoreline, protect future development from flooding and sea level rise, and continue to support a distinct waterfront area in the tidal waterfront areas of the Hudson River and Rondout Creek and other local water bodies, as well as supplement the standards of the SD-W District and implement the policies and purposes of the City of Kingston Local Waterfront Revitalization Program (LWRP). Further, it is the purpose of the Waterfront Overlay to provide opportunities for permanent public views and access to the Hudson River and Rondout Creek and to encourage the phasing out of certain uses which are incompatible with and detract from the waterfront areas.
B. 
Applicability: all areas within the Waterfront Overlay District boundary as identified on the Special Requirements Map (See § 405-3.) or as identified below.
C. 
Public access.
(1) 
Public access to and along the Hudson River or Rondout Creek shall be incorporated into site design for new development in the Waterfront Overlay as follows:
(a) 
In the SD-WMU, public access is required within the waterfront setback and at the terminus of perpendicular intersecting public
rights-of-way
along East Strand Street, Rondout Landing, or Abeel Street as described in the building form standards (§ 405-11B). Such access shall be in the form of a permanent easement or the granting of fee title to the City of Kingston.
(b) 
Outside of the SD-WMU, public access shall be incorporated into the design of a
site plan
as approved by the Planning Board. Public access shall include meaningful, permanent, safe, and unhindered access to and along the dry, nonsubmerged waterfront of the Hudson River or Rondout Creek for all members of the public, with the intent to provide a continuous public access system to and along the waterfront and/or public rights-of-way. A
major waiver
may be approved if such access is infeasible due to site constraints or incompatible with the proposed use of the property. (See § 405-26F.)
(c) 
Public access walkways or trails shall connect to existing walkways or trails on adjacent properties, and must connect to a public
right-of-way
. Public access walkways or trails shall meet all requirements of the Americans with Disabilities Act.
(d) 
Required public access in the Waterfront Overlay may be regulated by reasonable conditions in a management plan submitted by the applicant and approved by the Planning Board as part of the final
site plan
approval.
(e) 
Public access requirements may be adjusted to the minimum extent needed to avoid impacts to sensitive natural features, such as steep slopes, exposed rock formations, sensitive habitats, wetlands, and mature trees.
(2) 
Properties in the SD-WMU may be eligible for bonus height (up to the limits identified in the transect standards) based on the provision of publicly accessible
usable open space
, as described in § 405-20.
D. 
Development standards.
(1) 
All properties within the Waterfront Overlay are subject to the requirements of the Flood Hazard Overlay District. (See § 405-27 and the Special Requirement Map.) In addition, new development in the Waterfront Overlay shall have the lowest floor with residential uses and all mechanical equipment elevated to at least one foot above the design flood elevation. The design flood elevation shall be the 500-year floodplain.
(2) 
Heavy industrial uses are prohibited in the Waterfront Overlay and within 600 feet of Esopus Creek.
(3) 
Open storage
of goods and raw materials shall be screened from the public view with landscaping or fencing to the greatest extent possible. Visual impacts associated with
open storage
and other similar operations shall be minimized. Permitted fencing materials in the Waterfront Overlay include wood, metal, brick, and/or stone. See § 405-21N for additional standards. A
minor waiver
for relief from this requirement may be approved if the goods and materials consist of cultural exhibits/displays or maritime attractions that positively contribute to the waterfront pedestrian setting. (See § 405-26F.)
(4) 
Due to their high visibility and public nature, building
facades
facing the Rondout Creek or Hudson River shall comply with architectural standards (§ 405-14) for facades facing
streets
or public space. Exceptions to the
facade
composition requirements of § 405-14C for the portion of the building
facade
below the first story may be granted with approval of a
minor waiver
. (See § 405-26F.) The approval of this exception shall require architectural articulation, landscaping or other appropriate screening that shields views of parking or blank walls at the ground level from the waterfront,
streets
and pedestrian spaces.
(5) 
Construction or placement of any on-site sewage disposal system, including individual sewage disposal systems, shall be prohibited within the Waterfront Overlay and within 600 feet of Esopus Creek.
(6) 
Loading and unloading operations at the docks shall be conducted in a manner designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, water flow, and permitted
uses
on adjoining property.
(7) 
Significant tree stands, or areas of contiguous mature trees greater than 5,000 square feet in size where over half of the canopy is provided by trees with a DBH greater than 18 inches, shall be preserved unless otherwise diseased within the Waterfront Overlay and within 600 feet of Esopus Creek. Every tree removed above 18 inches DBH shall be replaced by trees with a total DBH equivalent to that of the removed tree.
(8) 
The stockpiling or storage of road salt shall not be permitted as a primary or
accessory use
within the Waterfront Overlay and within 600 feet of Esopus Creek.
(9) 
Modification of, or interference with rock outcroppings or other significant geologic features should be avoided or minimized through use of pilings or other minimally invasive techniques.
(10) 
Floodplains, banks and wetlands shall be preserved in their natural state to the maximum possible extent practicable to protect water retention, overflow and other natural functions within T1 and T2 Districts within the Waterfront Overlay and within 600 feet of Esopus Creek.
(11) 
New development shall exhibit the use of best practices in sustainable site design, recognizing the challenges of sea level rise within the Waterfront Overlay and within 600 feet of Esopus Creek. This may include:
(a) 
Nature-based shoreline stabilization and restoration techniques should be utilized where feasible with future waterfront development. Nature-based shorelines help protect against erosion, provide habitat for aquatic species, improve water quality, and can outperform hardened shorelines during storm events. Where nature-based shorelines are not practical, bulkheads and other hardened shoreline designs may be utilized.
(b) 
Grading strategies to elevate development
sites
as well as nearby streets, sidewalks and other public infrastructure should be explored where feasible. Strategies should demonstrate consideration of impacts to surrounding parcels and that the proposed improvements will enhance surroundings and not produce adverse impacts.
(c) 
New development should be accompanied by new, enhanced or restored natural areas, floodable parks, increased tree canopy or other natural site features to increase resiliency.

§ 405-16 Off-street parking standards.

[Amended 7-1-2025 by L.L. No. 4-2025, approved 7-16-2025]
A. 
Purpose. The purpose of the parking standards is to encourage a balance between pedestrian-oriented development and necessary vehicle storage. The goal is to construct neither more nor less parking than is needed.
B. 
Applicability. The standards of this section shall apply in all Transect Zones to the following:
(1) 
New development.
(2) 
Changes in land use.
(3) 
Changes in intensity of buildings or structures that cause an increase or decrease of 25% or greater of gross
floor area
and/or
dwelling units
.
C. 
Parking requirements.
(1) 
Automobile parking shall be provided based upon the minimum and maximum requirements for each Transect Zone in Table 405.16.C.1: Automobile Parking Requirements Chart.
Table 405.16.C.1
Automobile Parking Requirements
T5
SD
T4
T3
T2
SD
Building Use
T5-MS
T5-F
T5N
SD-WMU
T4-MS
T4N-O
T4N
T3N-O
T3N
T3L
T2C
SD-W
SD-C
SD-MF
SD-F
SD-I
Residential uses
No minimum; 2/dwelling maximum
No minimum; 3/dwelling maximum
1/dwelling unit minimum; 3/dwelling unit maximum
No minimum; no maximum
Lodging uses
No minimum; 1.5/guest room maximum
No minimum; 2/guest room maximum
1/guest room minimum; 2/guest room maximum
Commercial/civic uses
No minimum; 4/1,000 square feet maximum
1/1,000 square feet minimum; 4/1,000 square feet maximum
Industrial uses
(a) 
The maximum amount of parking permitted in a mixed-use development (two or more
uses
on the same
lot
) is calculated by adding the total number of spaces permitted by each separate function. Exceptions to the maximum parking limits may be granted by a
major waiver
. (See § 405-26F.)
(b) 
Maximum parking requirements are intended to limit parking facility size which impacts walkability and impervious ground cover, and shall be applied to off-street parking lots and parking structures. Residential uses with three or fewer units are exempt from this requirement.
(c) 
In Special District areas (not including SD-WMU), minimum required parking may be located off-street on the same
lot
as the
use
it serves. Required parking may also be located on-street or in an off-street common parking lot, provided that the space is within 1/4 mile of the building's
principal entrance
. The owner shall provide a recorded parking agreement reflecting the arrangement with the other
site
.
(d) 
Accessibility. All vehicle parking lots and parking structures must conform with the ADA Standards for Accessible Design as mandated by the federal Americans with Disabilities Act (ADA), and should conform to the Public Right-of-Way Accessibility Guidelines (PROWAG).
(2) 
Bicycle parking shall be provided in all Transect Zones per Table 405.16.C.2: Bicycle Parking Requirement Chart and subject to the two subsections below.
Table 405.16.C.2
Bicycle Parking Requirements
Building Use
Minimum Number of Spaces
Residential uses (buildings with 4 or more units)
2, or 1 for every 5 units, whichever is greater, up to a maximum of 30
Nonresidential uses
No minimum requirement: 2, or 1 for every 2,500 square feet, whichever is greater, up to a maximum of 30, is encouraged.
(a) 
Anchors. All spaces provided shall include a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user-supplied lock.
(b) 
Location. Bicycle parking shall be located as close to a building's principal entrance as the closest on-site automobile parking space. Required bicycle parking may be located in the street
right-of-way
, within 600 feet of the building entrance, with approval of the City Engineer.
(3) 
Parking supply and demand reduction strategy. A parking supply and demand reduction strategy shall be prepared for major
site plan
projects that include
principal building(s)
with a single building footprint of 10,000 square feet or greater or a total gross floor area that exceeds 50,000 square feet. The supply and parking demand reduction strategy shall be approved by the Planning Board as part of the major
site plan
review process, and include the following:
(a) 
A description of anticipated parking demand for the project, and how the demand will be met, including:
[1] 
Number of on- and off-site vehicle parking spaces or shared vehicle parking arrangements.
[2] 
Number of on- and off-site bicycle parking spaces.
[3] 
Accommodations for pedestrians, cyclists, motorists, transit riders, and the mobility-impaired.
(b) 
A description of the strategies that will be employed to reduce parking demand, including strategies to reduce single-occupancy vehicle trips and vehicle miles traveled by site users, and strategies to promote walking, cycling, ride sharing, and transit. Parking reduction strategies may include, but are not limited to:
[1] 
Walking, cycling, ride sharing, and transit promotion and education.
[2] 
Shared parking arrangements.
[3] 
Enhanced bicycle parking and services (above the minimum required).
[4] 
Support for car-share and bike-share services and facilities.
[5] 
Carpooling or vanpooling programs or benefits.
[6] 
Free or subsidized transit passes, transit-to-work shuttles, or enhanced transit facilities (such as bus shelters).
[7] 
Guaranteed ride home (GRH) programs.
[8] 
Provision for alternative work schedules (i.e., flextime, compressed work week, staggered shifts, telecommuting).
[9] 
Promotion of live near your work programs.
[10] 
Roadway improvements adjacent to the site that will encourage walking, cycling, ride sharing, and transit.
D. 
Parking dimensional standards.
(1) 
Standard car parking spaces and parking lot aisles shall comply with the minimum dimension standards established in Table 405.16.D.1 (Minimum Dimensional Requirements).
(2) 
Dimensional adjustments. Reduction in dimensional standards shall be subject to approval by the City Engineer.
Table 405.16.D.1
Minimum Dimensional Requirements
Angle
Drive Aisle Width
(one-way)
Drive Aisle Width
(two-way)
Space Width
Space Length
A
A
B
C
(feet)
(feet)
(feet)
(feet)
Parallel
12
20
81
20
30°
12
24
9
20
45°
13
24
9
20
60°
18
24
9
18
Perpendicular
24
24
8
18
Tandem
24
24
8
36
NOTE:
1
Width of on-street parallel parking shall be determined by standards set forth in Article 5. The gutter may be included in the parking space width. (The width of lanes and parking spaces should be measured to face of curb.)
Figure 405.16.D
Parking Dimensional Standards
E. 
Parking location and access.
(1) 
Except in Special District (SD) areas, off-street parking shall be located behind the
principal facade
of buildings whenever possible.
(2) 
Minimum
setbacks
for off-street surface parking from all
property lines
are provided in the Transect Zone standards. Parking shall be accessed from rear
alleys
or side streets whenever possible.
(3) 
Curb cuts. One curb cut is permitted per
lot
; an exception may be permitted as a
minor waiver
. (See § 405-26F.) Shared driveways between parcels are encouraged. Curb cuts are not permitted if an
alley
is present. The maximum width of curb cuts shall be 10 feet for one- to six-unit residential buildings and 20 feet for all other uses.
(4) 
Alleys
may be incorporated into parking lots as standard drive aisles. Parking along
alleys
may be perpendicular, diagonal, or parallel. Access between parking lots across
property lines
is encouraged.
(5) 
Corner
lots
that have both rear and side access shall access parking through the rear. If no rear access exists, access to on-lot parking shall be provided from the side street.
(6) 
If no
alley
or side street exists, then efforts should be made to demonstrate an attempt to gain access across neighboring properties.
(7) 
When access to rear parking must be directly from the
primary frontage
, driveways shall be located along the sides of the
property lines
and designed such that pedestrians crossing on sidewalks always have the right-of-way.
F. 
Parking lot landscape standards.
(1) 
The landscaping requirements in this section are intended to provide a set of standards toward reducing the visual impacts of large areas of pavement, improving the overall environment of parking areas by providing areas for shade and heat reduction, and enhancing the overall aesthetic appeal of parking areas.
(a) 
Developments with proposed parking areas of six spaces or more shall provide a minimum of 10% of landscaped
open space
within the area designated for parking inclusive of any landscaped borders surrounding the parking lot.
(b) 
The ends of parking aisles in surface lots that are more than 15 spaces in length shall incorporate landscape planting areas at either end of the row. Each planting area shall include at least one tree. Where the length of a parking aisle exceeds 25 spaces, additional landscaped planting areas shall be installed at regular intervals. This interval shall not be more than every 13 spaces. The width of landscaped planting areas perpendicular to adjacent spaces shall be no less than six feet. The use of green infrastructure to aid in stormwater management is encouraged for parking lots. Bioswales, rain gardens, tree planting pits, and other similar features can be included in the landscape planting area space requirement. Green stormwater infrastructure can be designed to capture sheet flow from adjacent surfaces through gaps in curbs.
(c) 
Parking lot screening requirements.
[1] 
Surface parking lot entrances shall be landscaped with a combination of trees, shrubs, walls, and other landscape features. No trees, shrubs, fences, walls, or other landscape feature shall be planted in a manner to obstruct sight lines of motorists.
[2] 
A
streetscreen
is a freestanding wall, fence, hedge or planter built along the frontage line, or coplanar with the facade, for the purpose of masking a parking lot from view of pedestrians on the street. A
streetscreen
is encouraged for all surface parking lots visible from a street or public space; a
streetscreen
is required for surface parking lots in T5MS or T5N Districts, or for a surface parking lot located 10 feet or less from a
right-of-way
.
[a] 
All
streetscreens
along
property lines
at public street rights-of-way shall be a minimum of three feet and a maximum of four feet in height, and shall comply with the standards in § 405-14I.
[b] 
Streetscreens
shall have openings no larger than necessary to allow automobile and pedestrian access.
[c] 
Streetscreens
shall not be permitted in the
right-of-way
.

§ 405-17 Signage standards.

[Amended 7-1-2025 by L.L. No. 4-2025, approved 7-16-2025]
A. 
Purpose. The purpose of this section is to regulate and control the location, size, type and design of existing and proposed signs in order to:
(1) 
Eliminate and prevent the erection of signs that cause distractions or obstructions that create hazards to traffic safety.
(2) 
Prevent dangers to public safety from unsafe, improperly constructed or located signs.
(3) 
Enhance and protect the City's physical appearance and property values.
(4) 
Encourage the most effective and functional use of signs as directional, informational and advertising devices.
(5) 
Preserve the historic and architectural heritage of the City.
(6) 
Enhance the City's ability to attract sources of economic development and growth.
B. 
Applicability. The standards of this section apply to all signs unless listed as exempt. Signs regulated by this section shall not be erected or displayed unless a building permit is obtained. (See sign permits, § 405-26E.)
C. 
Exempt signs. The following signs do not require a permit:
(1) 
Memorial plaques, cornerstones, historical tablets and the like.
(2) 
Signs not visible from outside the
lot
upon which they are situated.
(3) 
Nameplates which do not in total exceed three square feet on one property.
(4) 
Identification signs posted in conjunction with doorbells or mailboxes, not exceeding a total of 30 square inches in surface area.
(5) 
Not more than one address sign, with a surface area of two square feet or less, per street
frontage
, which indicates the numerical address (in numbers or script) of the premises on which it is situated and the name of the occupant.
(6) 
One sign advertising the sale, lease or rental of the premises upon which it is located, which shall not exceed four square feet and, if freestanding, shall not be located nearer than 15 feet to a
street
or
property line
.
(7) 
Cautionary, directional, regulatory, warning or informational signs of a noncommercial nature, which are in the public interest, such as, but not limited to, "danger," "no trespassing," "exit," "entrance," "parking," "one-way," "no entrance," etc. Such signs shall not exceed two square feet each.
D. 
General regulations and restrictions. The following general regulations and restrictions shall apply in all districts:
(1) 
Nonaccessory signs
and
billboards
shall be prohibited in all districts except as provided in Subsections J and L of this section.
(2) 
Constant illumination shall be permitted, provided that the illumination shall be concentrated upon the area of the sign so as to prevent direct glare upon the street or adjacent property.
(3) 
Except for clocks and customary time and temperature devices, no sign shall contain intermittent, moving or flashing illumination.
(4) 
Signs with visible moving, flashing, revolving or rotating parts are prohibited.
(5) 
Electronic message/LED display signs are prohibited in Historic Districts; see § 405-17I for additional standards.
(6) 
No sign shall be erected in such a manner as to obstruct free and clear vision for drivers; interfere with, mislead or confuse traffic; or be located where, by reason of its position, shape or color such sign may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the words "STOP," "LOOK," "DANGER" or any other word, phrase, symbol or character or red, green or amber illumination or reflection.
(7) 
Mobile signs
shall be permitted upon submission by the owner of the sign of an application for a temporary permit. However, if located anywhere within a lot or premises in a T1, T2C, T3L, T3N or T4N District for seven consecutive days or any 15 days within the same calendar year or in any other district for 30 consecutive days or 45 days within the same calendar year, such sign shall be subject to all provisions of this chapter, including those as to size, location, illumination and construction, as if they were permanent.
(8) 
The following nonilluminated signs may be permitted in all Transect Zones, limited as follows:
(a) 
One nameplate or professional sign with an area of not over three square feet.
(b) 
One sign advertising the sale or rental of the premises on which such sign is situated, with an area of not over four square feet, provided that such sign is located on the front wall of a building or, if freestanding, then not nearer than 15 feet to any street or
property line
.
(c) 
One bulletin board or other announcement sign for educational or religious institutions with an area of not over 24 square feet.
E. 
Pedestrian-oriented signs. The following sign standards shall apply to commercial uses in the T5, T4, T3, SD-WMU Districts, and may apply to SD-C Districts.
(1) 
General requirements.
(a) 
The maximum total signage area allocated for each building shall be two square feet per linear foot of street-facing building
facade
along a
street frontage
.
(b) 
Buildings with a rear public entrance are allowed one flat wall sign not to exceed 60 square feet to be placed at the rear entrance.
(c) 
Signs shall not obscure architectural details of the building.
(2) 
Materials. All permanent, on-premises signs may be constructed of a rigid, weatherable material, such as wood (painted or natural); metal (copper, brass, aluminum, galvanized steel); painted/engraved directly on facade surface; glass; neon; or hard plastic. Canvas may be used for awning material. Vinyl may be used for window signs.
(3) 
Signage that does not fit the specific regulations of this section may be approved as a
minor waiver
, based on its merits as it relates to the unique architectural qualities of a building, a building's historical significance, a building's civic or institutional
use
, civic prominence, or unique configuration of existing conditions of a building, and the quality of design, construction, and durability of the sign.
(4) 
Lighting and illumination.
(a) 
Signs shall be externally lit from the front. Backlighting is permitted only for individual letters or numbers (Panelized backlighting is prohibited.), except for marquee signs or for electronic signs that meet the requirements of § 405-17I.
(b) 
External light sources used to illuminate signs shall be placed close to, and directed onto the sign, and shielded to minimize glare onto adjacent properties.
(5) 
Pedestrian-oriented sign standards.
(a) 
Wall signs.
[1] 
Description. A wall sign is a building sign that is attached flat to, mounted away from but parallel to, or painted on the building facade.
Area (maximum)
60 square feet
Thickness (maximum)
12 inches
Quantity
1 per shopfront
[2] 
One wall sign is permitted per each street-facing building frontage.
[3] 
Wall signs shall either be located above the storefront or at least 12 inches from any eave, edge of building, or top of parapet.
[4] 
Wall signs must not project more than 12 inches from the building face.
[5] 
Wall signs that are painted on the wall surface are eligible for a 200% bonus in area with approval of a
minor waiver
. (See § 405-26F.)
(b) 
Projecting signs.
[1] 
Description. A projecting sign is a type of building sign that projects outward from the
facade
, typically at an angle of 90°.
Area (maximum)
12 square feet
Thickness (maximum)
18 inches
Height (maximum)
6 feet
Width (maximum)
5 feet
Quantity
1 per shopfront
[2] 
Only one projecting sign up to 12 square feet is permitted per street-facing building front. Projecting signs mounted at the corner count for both street frontage/building elevations.
[3] 
Multiple projecting signs of six square feet or less are permitted on one building side, but must be located below the second
story
windowsill.
[4] 
Maximum distance from building wall to sign must not exceed one foot six inches.
[5] 
Projecting signs shall not extend more than five feet from the building wall and within two feet of the curbline.
[6] 
Maximum height of a projecting sign shall be no greater than six feet and extend no more than four feet above the eave or parapet of building.
[7] 
(Reserved)
[8] 
Signs must have a minimum clearance from the sidewalk of eight feet.
[9] 
A projecting marquee sign is a type of projecting sign used to mark a landmark
building
, such as a theater, hotel, or assembly hall, and may be permitted to exceed the area/size limits of this section with a
minor waiver
. A projecting marquee sign is a vertical sign located either along the
building
face, where it projects perpendicular to the
facade
, or at the corner of the
building
, where it projects at an angle of 45°. Projecting marquee signs often have neon lettering in conjunction with painted lettering; one projecting marquee sign is permitted per
building
.
(c) 
Marquee signs.
[1] 
Description. A marquee is a sign attached to the top or the face of a permanent roof-like structure constructed over a ground floor main entrance.
Width (maximum)
100% of the building entrance, plus 5 feet on either side
Height (maximum)
8 feet
Quantity
1 per building
[2] 
One marquee sign is permitted per
building
. A projecting marquee sign may be located above or on the same
building
.
[3] 
A marquee sign may be erected over a main entrance only, and may be no wider than the entrance over which it is erected, plus five feet on each side.
[4] 
A marquee sign should be supported solely by the
building
to which it is attached, and is often lit from within.
[5] 
Marquee signs must have a minimum clearance from the sidewalk of 12 feet.
(d) 
Hanging signs.
[1] 
Description. A hanging sign is typically attached to the underside of a soffit or awning, or projects outward, typically at an angle of 90°, and hangs from a bracket or support that is located over or near a building entrance.
Area (maximum)
10 square feet
Thickness (maximum)
6 inches
Height (maximum)
3 feet
Width (maximum)
4 feet
Quantity
1 per shopfront
[2] 
One sign per shopfront allowed.
[3] 
Signs shall not exceed 10 square feet in area and shall have an eight-foot minimum clearance from the sidewalk.
[4] 
Hanging signs cannot exceed four feet in width and six inches in thickness.
[5] 
Hanging signs should be mounted so that they do not swing.
(e) 
Awning signs.
[1] 
Description. An awning sign is a type of building sign where graphics and symbols are painted, sewn, or otherwise adhered to the awning material as an integrated part of the awning itself.
Width (maximum)
75% of awning valence
Quantity
1 per shopfront
[2] 
A maximum of one sign is allowed per shopfront, and the area must not cover more than 75% of the awning valence.
[3] 
An awning sign may only be externally illuminated.
(f) 
Canopy signs.
[1] 
Description. A canopy sign is a type of building sign that is attached above, below, or to the face of a canopy.
Thickness (maximum)
9 inches
Height (maximum)
2 feet
Width (maximum)
75% of canopy width
Quantity
1 per shopfront
[2] 
Canopy signs are limited to a maximum of one sign per canopy face.
[3] 
Signs must not extend outside the length or width of the canopy and must not cover more than 75% of the canopy length or width.
[4] 
Depth of canopy signs must not exceed nine inches.
[5] 
Exposed raceways must not extend above the of the letters.
[6] 
Cabinet signs are not permitted on canopy signs.
(g) 
Window signs.
[1] 
Description: a sign intended to be painted on, applied to, or displayed in, a storefront window or door area.
Area (maximum)
25% of window area
Quantity
2 per window
[2] 
Two window signs are permitted per shopfront window.
[3] 
A maximum of 25% of a window can be used for window signs.
(h) 
Sidewalk signs.
[1] 
Description. Temporary sidewalk signs, such as A-frame sandwich boards, are signs placed within the public sidewalk, displayed by retailers, restaurants, and cafes to advertise food or products sold within a business.
Area (maximum)
8 square feet
Height (maximum)
4 feet
Quantity
1 per shopfront
[2] 
Sidewalk signs shall be no larger than eight square feet per face and four feet in height.
[3] 
Sidewalk signs shall be of quality design, materials and workmanship, both to ensure the safety and convenience of users, and to enhance the visual and aesthetic quality of the urban environment.
[4] 
Sidewalk signs are permitted on the public sidewalk adjacent to a business, must maintain a clear sidewalk path of a minimum dimension of five feet, and must be removed from the sidewalk when the establishment is closed for business.
[5] 
The number of signs shall be limited to one per sidewalk per street-level business frontage.
[6] 
Sidewalk signs shall not be placed within three feet of an adjacent property line.
[7] 
Sidewalk signs shall be appropriately secured and anchored in place in a manner suitable to the Department of Public Works.
F. 
Roof signs.
(1) 
One
roof sign
shall be permitted only on a one-
story
building located in the SD-C Commercial Districts.
(2) 
Roof signs
shall not exceed an area of 30 square feet per sign face. A second
roof sign
may be permitted, subject to review and approval by the Planning Board.
(3) 
The bottom of a
roof sign
shall be no higher than two feet above the top of the building wall closest to and parallel to the sign. The total height of the sign shall not exceed six feet.
(4) 
Roof signs
that do not correspond to the activities occurring on-site shall be considered
billboards
and subject to the prohibitions of § 405-17J.
G. 
Freestanding signs.
(1) 
Where a building is set back at least 20 feet from the street, one
freestanding sign
shall be permitted on each
frontage
of a property on a public street. However, not more than one such sign shall be located within 200 feet of the same intersection. No part of any freestanding sign or its support shall be located within six feet of any building or extend beyond any street line.
(2) 
Freestanding signs
are prohibited in the T3, T4, T5 and SD-WMU Transect Zones.
(3) 
The area of
freestanding signs
shall not exceed the following:
(a) 
SD-C: 50 square feet, except that signs with an area between 50 and 100 square feet may be permitted upon review and approval by the Planning Board.
(b) 
SD-F: 50 square feet.
(c) 
Shopping centers. A shopping center with a contiguous area of 25 acres or more, in single ownership, in which all buildings are set back at least 100 feet from a public street, shall be permitted the following signs in addition to all others permitted herein:
[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.
(4) 
No part of any freestanding sign shall be located higher than 20 feet above grade.
H. 
Iconic signs.
Iconic signs
, such as barber poles, eyeglasses, mortar and pestle, etc., which are traditional in nature, shall be permitted as long as they comply with the otherwise applicable regulations pertaining to size and location herein.
I. 
Electronic signs.
(1) 
Electronic signs
are permitted in SD-C Districts; the design standards of §§ 405-17I(3) through (10) shall apply.
(2) 
Electronic signs
are prohibited in Historic Districts, as well as in T1, T2, T3, T4N, and T5N Transect Zones.
Electronic signs
may be permitted in T5MS, T5F, T4MS, T4N-O, and SD-WMU with the following limits:
(a) 
Signs
shall be mounted to the building facade; freestanding
monument signs
are prohibited.
(b) 
Panelized
signs
shall be limited to a maximum size of nine square feet.
(c) 
The design standards of §§ 405-17I(3) through 405-17I(10) shall apply.
(3) 
If a sign is greater than nine square feet, no more than 50% of the total square footage may be devoted to
electronic signage
.
(4) 
Only one
electronic sign
may be permitted per building, and a minimum distance of 500 feet shall be required between one
electronic sign
and another
electronic sign
.
(5) 
Electronic signage
shall contain a static message only and shall not have movement, or the appearance or the illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or any appearance of movement of any illumination or the flashing, scintillating, or varying of light intensity.
(6) 
Electronic signs
shall not exceed a brightness level of 0.3 footcandle above ambient light as measured at the nearest property line, and the illumination shall be in a manner which avoids glare or reflection which in any way interferes with traffic safety.
(7) 
All
electronic signs
shall have and utilize the following technology:
(a) 
An ambient light monitor with automatic dimming technology which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the terms of this article. Certification must be provided to the City demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration may be periodically required by the City in its reasonable discretion, at the owner's expense, to ensure that the specified brightness levels are maintained at all times.
(b) 
A default mechanism that will cause the sign to revert immediately to black screen if the sign malfunctions.
(8) 
With the exception of time-and-temperature messages, any
electronic sign
message or electronic picture shall be displayed for no less than five minutes without change.
(9) 
Any change of message shall be completed with a transition period of one second or less, without pauses, and all parts of the message shall change simultaneously.
(10) 
Electronic signs
shall not include any audio message or generated sounds.
(11) 
Enforcement. To assure that light emanating from any
electronic sign
does not adversely affect neighboring properties or visually interfere with motorists, pedestrians and neighboring property owners, the
Building Safety Officer
or their designee shall have the authority to require changes to any
electronic sign
that, in the opinion of the
Building Safety Officer
, is malfunctioning or operated in a manner that causes or creates excessive glare or intensity of light, visual interference or blind spots. Such changes may include, but are not limited to, requiring that the
electronic sign
be turned off, or requiring the installation of lower wattage bulbs, or requiring that the device be fitted with shields to deflect light, or such other changes as may be required to eliminate the offending condition. Failure to implement the changes as directed by the
Building Safety Officer
shall be a violation of this section, and of any permit or approval granted under this section.
(12) 
Preexisting
electronic signs
. An
electronic sign
installed with a sign permit prior to the effective date of the adoption of this chapter is permitted to remain until the sign is replaced; provided however, that such sign shall conform to the requirements of this subsection if these requirements can be complied with without replacing the sign. A preexisting
electronic sign
is required to comply with all sign regulations that were in effect at the time the sign permit was issued.
(13) 
Nonconforming
electronic signs
. Nonconforming
electronic signs
shall be brought into conformity with this Code no later than six months from the date of adoption of this section.
J. 
Temporary signs. The erection, installation or maintenance of
temporary signs
, as defined herein, is hereby prohibited, except for the following:
(1) 
A
temporary sign
, not exceeding 15 square feet in area, which is erected by a municipal, charitable, political or nonprofit organization is permitted for a period not to exceed 30 days.
(2) 
A single
temporary sign
, not exceeding 32 square feet in area, which announces anticipated occupancy of a
site
or building or identifies the contractors, architects, engineers, etc., on a building under construction shall be permitted until a building is completed and a certificate of occupancy is issued.
(3) 
Banners for special announcements, such as grand openings for businesses, with a limit of 30 days may be placed on the exterior of any building. All banners must be dated. All other
temporary signs
made of cardboard, paper, canvas or similar impermanent materials may not be placed on the exterior of any building.
(4) 
Billboards
.
Billboards
shall be permitted in existing
billboard
locations in SD-C Districts, provided that they consist of signs of an area of not more than 325 square feet, excluding supports, which shall be at least six feet from all property boundaries of the property on which they are erected. No new
billboard
locations shall be permitted.
Temporary window coverings associated with new construction or renovations, up to 100% of the window area, provided that site plan approval has been granted as applicable and that the Building Safety Officer or their designee has granted the building a building permit that remains active.
K. 
Unsafe, abandoned and unlawful signs.
(1) 
Upon a finding by the
Building Safety Officer
that any sign regulated herein is unsafe or insecure or is a menace to the public or has been erected in violation of the provisions of this chapter or advertises, identifies or pertains to an activity no longer in existence, except as provided hereinafter, the
Building Safety Officer
shall give written notice to the permittee thereof. This provision shall not apply to seasonal activities during the regular period in which they are closed.
(2) 
If the permittee fails to remove or alter the
sign
so as to comply with the standards herein set forth within 14 days after such notice, such sign may be removed or altered to comply by the
Building Safety Officer
at the expense of the permittee or owner of the property on which it is located. The
Building Safety Officer
shall refuse to issue a permit to any permittee or owner who refuses to pay the costs so assessed. The
Building Safety Officer
may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.
L. 
Existing signs and nonconforming signs.
(1) 
Any existing sign that was in place prior to the date of adoption of this chapter shall be subject to the following requirements:
(a) 
The
Building Safety Officer
may review any preexisting sign and determine whether the sign conforms to the requirements of this chapter.
(b) 
Where a sign was constructed prior to the adoption of this chapter and was conforming to the existing ordinance at that time or was to have been granted and still is entitled to a legally valid variance and upon a determination that the existing sign is in good condition and does not pose any safety hazards, it shall be considered a conforming sign.
(2) 
A sign preexisting the date of adoption of this chapter, and determined to be nonconforming in accordance with Subsection L(1) above, shall not be physically altered. The relettering, painting or decorating of such sign shall be permitted, but any such sign, once removed for purposes other than relettering, painting or decorating, shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.
M. 
Design guidelines. The following additional design guidelines shall be used by the
Planning Administrator
or Planning Board (for major
site plans
) and Landmark Preservation Commission in those cases where their review and approval of proposed signs is required. Application of the guidelines shall consider the specific sign location and the character of the area in which it is proposed.
(1) 
Signs mounted on buildings should not cover openings or architectural details and should be located within areas designed to house signs, if such exist.
(2) 
Signs should be located no higher above the ground than is necessary for viewing from adjacent streets. When freestanding signage is being considered, monument style signage should be encouraged over pole style, if plausible.
(3) 
Signs should be of regular shape and should be designed with respect to the shape and proportion of the space within which they will be located and the
facade
to which they will be applied.
(4) 
The size of signs should relate to the vantage point of the intended observer and the length of time available for viewing; signs intended for pedestrians on the sidewalk need not be as large as those to be seen from passing cars.
(5) 
Signs should include the minimum information necessary to convey the intended message so as to avoid clutter and confusion.
(6) 
Multiple signs should be avoided where practical.
(7) 
A sign should not obstruct or impair the visual effectiveness of neighboring signs.
(8) 
Colors and materials which are discordant with the general character of the adjacent area should be avoided.
(9) 
Generally, signs on the same building should be placed within the same horizontal band and be of similar height.
(10) 
Wherever possible, signs should be integrated with fences, walls or buildings rather than freestanding.
(11) 
Sign material should be durable and require little maintenance.
(12) 
Signs should be subordinate to the streetscape.
(13) 
Signs in a particular area should create a unifying element and exhibit visual continuity.
(14) 
Where establishments share a parcel or zoning
lot
, a master sign plan should be prepared which addresses visual unity, shape, color, materials, type of lettering and signage.
N. 
Pike Plan canopy design standards.
(1) 
These guidelines shall apply only to businesses which occupy the ground or street levels of the buildings in the area where the Pike Plan canopies are present.
(2) 
Each business shall be entitled to two signs to identify and locate its establishment: one on the front of the canopy parallel to the street, and one under the canopy perpendicular to the street.
(3) 
Flashing, moving, or intermittently illuminated signs or advertising signs are prohibited.
(4) 
No internally lighted or neon signs are permitted.
(5) 
Minimum and maximum distances and dimensions are graphically displayed below.
Figure 405.21.N
Pike Plan Canopy Design Standards
O. 
Signage Standards Table.
T5MS
T5F
T5N
T4MS
T4N-O
T4N
T3N-O
T3N
T3L
T2C
T1N
SD-W/WMU
SD-C
SD-F
Wall sign
X
X
X
X
X
X
X
X
Wall mural sign
X
X
X
X
X
X
X
X
Projecting sign
X
X
X
X
X
X
X
X
X
X
X
Marquee sign
X
X
Hanging sign
X
X
X
X
X
X
X
X
X
X
X
Awning sign
X
X
X
X
X
X
X
X
X
X
X
Canopy sign
X
X
X
X
X
X
X
X
X
Window sign
X
X
X
X
X
X
X
X
X
X
X
Sidewalk sign
X
X
X
X
X
X
X
X
X
X
X
Roof sign
X
Freestanding sign
X
X
Electronic sign (See § 405-17I)
X
X
X
X
X
X

§ 405-18 Accessory dwelling units (ADUs).

A. 
Introduction to accessory dwelling units. An
accessory dwelling unit
(ADU) is a
dwelling unit
of limited size that is on the same
lot
as a primary
dwelling unit
. ADUs can be located within the main structure or in an
accessory building
. ADUs must comply with all the requirements of the Building Code. ADUs benefit the City as a whole by increasing affordable and flexible housing options. ADUs also provide direct benefits to nearby property owners and surrounding neighborhoods. They afford property owners opportunities to generate income through leasing, thereby increasing property value while keeping property ownership viable for homeowners on fixed or limited incomes. ADUs also promote community stability by providing independent living space for a property owner's adult family members or caregivers, increasing opportunities for homeowners to age in place and maintain multigenerational family living arrangements.
B. 
ADU requirements.
(1) 
The ADU may not be sold separately from the primary unit and must be located on the same
lot
.
(2) 
ADUs may be incorporated within or added onto an existing house, garage, or other permitted structure (attached ADU), or may be built as a separate, detached structure (detached ADU).
(3) 
Attached ADUs are subject to regulations for primary structures in the underlying Transect Zone (
setback
,
building height
, etc).
(4) 
Detached ADUs are subject to regulations for
accessory structures
in the underlying Transect Zone.
(5) 
Mobile homes
,
trailers
, or other wheeled and transportable structures may not be used as ADUs.
Modular homes
or tiny homes that are built to Building Code standards, and not on wheels, may be used as ADUs.
(6) 
The maximum size of an attached ADU is 1,000 square feet; and the ADU shall be less than 50% of the square footage of the primary unit. The maximum size of a detached ADU is 1,000 square feet.
(7) 
An existing
accessory structure
whose height or
setbacks
do not meet the requirements of a dwelling in its zone district may be converted into an ADU, but the structure may not be altered in any way that increases the noncompliance.
(8) 
ADUs are permitted within
carriage house
, detached house, duplex, and rowhouse building types as described in § 405-12.
(9) 
Home occupations
may be permitted in an ADU.
(10) 
No parking is required for an ADU.
(11) 
Short-term rentals
are not permitted in an ADU.

§ 405-19 Affordable housing standards.

[Amended 7-1-2025 by L.L. No. 4-2025, approved 7-16-2025]
A. 
Affordable housing requirements.
(1) 
All development shall comply, at a minimum, with the following requirements for affordable housing:
(a) 
In any development (including new buildings, substantial rehabilitation of existing structures, adaptive reuse of conversion of a nonresidential use to a residential use, or any combination of these elements) that includes seven or more overall rental housing units, a portion of the units shall be dedicated to
affordable housing units
, as described in Table 405.19:
Table 405.19
Affordable Housing
Type of Housing
Project Size
(number of units)
Required Affordable/Workforce Housing Units
Maximum Rent
Rental units
7 to 19
10% minimum
affordable housing units
The monthly rent, including utilities, shall not exceed 30% of the figure that represents 80% of AMI.
20 to 49
10% minimum
affordable housing units
;
and
The monthly rent, including utilities, shall not exceed 30% of the figure that represents 80% of AMI.
5% minimum
workforce housing units
The monthly rent, including utilities, shall not exceed 30% of the figure that represents 120% of AMI.
50 or more
10% minimum
affordable housing units
;
and
The monthly rent, including utilities, shall not exceed 30% of the figure that represents 80% of AMI.
10% minimum
workforce housing units
The monthly rent, including utilities shall not exceed 30% of the figure that represents 120% of AMI.
Bonus height incentive (any number of units)
See § 405-20.
At least 50% of the area of each bonus story, and 20% minimum of the total units shall be
affordable housing units
The monthly rent, including utilities, shall not exceed 30% of the figure that represents 80% of AMI.
[1] 
The affordable housing requirement may be satisfied through one of the following methods:
[a] 
Inclusion of
affordable
or
workforce housing units
as described in § 405-19A(1)(a); or
[b] 
Payment in lieu as described in § 405-19A(1)(h).
(b) 
Required
affordable
or
workforce housing units
are the percentage of total units in the development. When calculating required units, any fraction at or above 0.5 shall be rounded up to the nearest whole number, and any fraction below 0.5 shall be rounded down. For example, projects with seven to nine total
dwelling units
will provide one
affordable housing unit
.
(c) 
The maximum rent for an
affordable
or
workforce housing unit
is based on current area median income (AMI), as defined and updated by the United States Department of Housing and Urban Development (HUD) with adjustment for household size.
(d) 
Eligible households.
[1] 
Affordable housing unit
: a household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members of 21 years of age or younger who are full-time students), does not exceed 80% of the area median income for the actual size of the household [based on the United States Census and as updated by the Department of Housing and Urban Development (HUD)], and which household can afford the maximum rent specified in Table 405.19.
[2] 
Workforce housing unit
: a household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members of 21 years of age or younger who are full-time students), does not exceed 120% of the area median income for the actual size of the household [based on the United States Census and as updated by the Department of Housing and Urban Development (HUD)], and which household can afford the maximum rent as specified in Table 405.19.
(e) 
Affordable or workforce housing units
shall be dispersed throughout the proposed development and shall be indistinguishable from market-rate units in design, access, appearance, construction, and quality of materials, as determined by the
Planning Administrator
(for
minor site plans
) or the Planning Board (for major
site plans
).
(f) 
Projects shall not be segmented or phased to avoid compliance with these provisions. In cases where projects are completed in phases,
affordable or workforce housing units
shall be provided concurrently with and in proportion to the development of market rent units. For projects with 20 or more units, the proportionate amounts of
affordable housing units
defined by size and number of bedrooms within the total amount of
affordable housing units
shall be similar to the proportionate amounts of non-
affordable housing units
defined by size and number of bedrooms within the total amount of non-
affordable housing units
in the project.
(g) 
Affordable or workforce housing units
shall continue to comply with the criteria set forth herein for the length of time that the building in question contains residential units.
(h) 
Payment in lieu. The City of Kingston Common Council will adopt criteria setting forth the parameters that the Council will use to consider a request for a payment in lieu of providing
affordable
and
workforce housing units
. Once these criteria are adopted, a developer may request to make a payment in lieu of providing on-site
affordable
and
workforce housing units
. Authorization for a payment in lieu will be subject to the discretion of the Common Council. The per-unit fee shall be set in a fee schedule established by resolution of the Common Council. The fee, which is due prior to the issuance of a certificate of occupancy, will be deposited into an Affordable Housing Fund. The City of Kingston Common Council will adopt criteria setting forth the parameters for how the Affordable Housing Fund will be administered.
B. 
Administration.
(1) 
Rental units.
(a) 
Final choice to offer tenancy to occupy the
affordable or workforce housing units
lies with the owners of the property or their representatives.
(b) 
Prior to the entry of an agreement to rent an
affordable or workforce housing unit
, and throughout the tenancy, property owners are required to secure and maintain current documentation which establishes the eligibility of the potential tenant for said affordable housing unit. Such documentation shall include written verification of income. Continued eligibility shall be monitored by the property owner, and tenants shall be required to submit documentation on a yearly basis throughout the occupancy; eligibility shall allow for a 20% increase in annual income based on the gross household income originally held by the tenant while occupying the unit.
(c) 
Property owners shall make all documents and records outlined herein available to the City of Kingston upon request. The City of Kingston reserves the right to review and audit these records to confirm compliance with the provisions set forth herein.
(2) 
The deed, certificate of occupancy and/or rental agreement, as appropriate, for each
affordable or workforce housing unit
shall contain language, satisfactory to the City of Kingston Corporation Counsel in form and substance, which states that the subject dwelling is an
affordable or workforce housing unit
as defined in § 405-19, and is subject to all restrictions and limitations as set forth therein.
(3) 
Approval process.
(a) 
Any
site plan
approval which includes seven or more units shall include compliance with these requirements.
(b) 
In calculating whether a covered development contains a total of seven or more dwelling units for the purposes of this section, the development includes all land at one location on a single tax parcel or adjacent tax parcels owned or controlled by the applicant. If an applicant submits approval requests for subdivision plans, site plans, or building permits that result in six or fewer units, they shall not avoid the requirements of this section. Approval of the application shall be subject to the condition that any future application on said property will be subject to this section. This condition shall be noted on the initial application and subject to a deed restriction to be filed on the official land records of the property.
(c) 
The failure to comply with these requirements, upon notice, may result in the revocation of
site plan
approval. Any request to revoke
site plan
approval as the result of the failure to comply with the provisions of this section shall be made on notice to the property owner who shall be afforded a full and fair opportunity to be heard regarding the request before the City of Kingston Planning Board.
(4) 
Transitional provisions. If a unit was subject to affordable housing standards under the previous zoning provisions but is not subject to the affordable housing provisions of this form-based code, that unit shall remain subject to affordability restrictions until the current tenant vacates the property.
(5) 
The City of Kingston Director of Housing Initiatives or their designee shall monitor activity under this article and shall provide a report annually to the City of Kingston Common Council setting forth findings, conclusions, and recommendations for changes that will render the program more effective. The Housing Director or their designee may also designate a board, commission or other organization to monitor compliance.
C. 
Affordable housing incentives. The following incentives are provided in order to encourage property owners to create
affordable housing units
that meet or exceed the minimum number of
affordable housing units
required in § 405-19A.
(1) 
Bonus height for affordable housing. See § 405-20A.
(2) 
Expedited review. All applications for development that include 10%
affordable housing units
shall be entitled to attend at least one preapplication meeting with the
Planning Administrator
and Director of Housing Initiatives or their designees to help guide the project through the approvals process.
(a) 
The purpose of the preapplication meeting will be to expedite the development application review process through the early identification of issues, concerns, code compliance and coordination matters that may arise during the review and approval process; and the establishment of a comprehensive review process outline, proposed meeting schedule and conceptual timeline.
(b) 
The Director of Housing Initiatives or their designee will be assigned to act as a direct conduit to the City through the approvals process. Municipal departments and approval bodies shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication meeting to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of applicant to adhere to same.
(3) 
Potential fees discount.
(a) 
Site plans
that include
affordable housing units
are eligible for a discount in the
site plan
application fee as follows:
Percentage of Total Units
Discount
100%
affordable housing units
75%
More than or equal to 75%
affordable housing units
50%
More than or equal to 50%
affordable housing units
40%
More than or equal to 20%
affordable housing units
30%
More than or equal to 10%
affordable housing units
20%
(b) 
Any permanently affordable housing unit created in compliance with § 405-19 shall be excluded from recreation fee calculations under § 405-21Q. For example, if a 10-unit residential project includes one affordable unit, that unit shall be excluded from recreation fee calculations.

§ 405-20 Bonus height incentive.

A. 
Bonus height for affordable housing.
(1) 
Parcels in T3N-O, T4, T5, and SD-WMU Transect Zones may be eligible for bonus height (up to the limits identified in the transect standards), based on the provision of
affordable housing units
(as defined in § 405-19A) as approved by the Planning Board, provided that:
(a) 
A gross floor area equal to or greater than 50% of each additional story, and at least 20% of the total number of units, shall be provided in the development project for
affordable housing units
.
(2) 
In any case in which an applicant agrees to provide affordable housing as described above, the Planning Board may grant additional height up to the limit permitted in the transect standards. The applicant shall indicate their intent to utilize the bonus height incentive during the preapplication meeting and is required to submit a
site plan
documenting that the requirements of this section are met.
B. 
Bonus height for new public usable open space in the waterfront.
(1) 
Parcels in the SD-WMU Zone may be eligible for bonus height (up to the limits identified in the transect standards), based on the provision of public
usable open space
, as approved by the Planning Board, provided that:
(a) 
The developer constructs and dedicates a public
usable open space
with a parcel dimension not less than 5,000 square feet;
(b) 
The
usable open space
is publicly accessible and privately maintained; and
(c) 
The
usable open space
meets the standards set in § 405-24; and
(d) 
/The total footprint of bonus area shall be equal to 1.5 times the area of the public
usable open space
provided. For example, a new public
usable open space
of 5,000 square feet would allow for up to 7,500 square feet of gross floor area in bonus stories.
(2) 
Usable open space
within a public access easement may qualify for bonus height if such space complies with the requirements of § 405-20B(1)
(3) 
In any case in which an applicant agrees to provide
usable open space
as described above, the Planning Board may grant additional height up to the limit permitted in the transect standards. The applicant shall indicate their intent to utilize the bonus height incentive during the preapplication meeting and is required to submit a
site plan
documenting that the requirements of this section are met.
(4) 
An applicant in the SD-WMU may utilize bonus height for affordable housing or public
usable open space
, but in no case shall the total number of bonus stories in any building exceed the number of stories permitted in Article 3.

§ 405-21 Supplemental use standards.

[Amended 7-1-2025 by L.L. No. 4-2025, approved 7-16-2025]
A. 
Purpose.
(1) 
The supplemental use standards provide site planning, development, and operating standards for certain land
uses
where allowed in compliance with Table 405.5.C (Permitted Uses Summary) and for activities that require special standards to ensure their compatibility with site features and existing
uses
.
B. 
Applicability.
(1) 
This section applies to development in all Transect Zones.
C. 
Home occupation.
(1) 
A
home occupation
shall not store or utilize flammable liquids or hazardous materials in quantities not customary to a residential
use
.
(2) 
A
home occupation
shall not emit any noxious, hazardous, or offensive noise, odor, heat, vibration, smoke, or any other objectionable emissions, beyond a volume that would be considered typical of a residential neighborhood.
(3) 
Open storage
, including material, equipment, and vehicles, is prohibited within a front or side yard.
Open storage
in a rear yard shall be screened by a minimum six-foot-tall fence.
(4) 
No alteration shall be made that changes the character and appearance thereof as a residential
building
.
(5) 
No more than 15% of the floor area of the
principal building
, and no more than 500 square feet of floor area of an
accessory building
, shall be devoted to the activity.
(6) 
One unlighted sign of no more than three square feet is permitted per
home occupation
.
(7) 
The following are prohibited from being operated as a
home occupation: adult uses
; firearms-related occupations;
controlled-substance sales/consumption
.
D. 
Bed-and-breakfast/short-term rentals.
(1) 
Bed-and-breakfast.
(a) 
The maximum length of stay for any guest shall be 30 consecutive days. In no way may the establishment be used as a boardinghouse, as provided in § 405-21E.
(b) 
When the premises is in use as a bed-and-breakfast, staff or the owner-operator shall be on the premises to check-in guests and be available for support services 24 hours per day.
(c) 
The maximum number of rooms which may be rented is five.
(2) 
Short-term rentals.
(a) 
To legally operate a
short-term rental
, all hosts must pay the Ulster County hotel and motel room occupancy tax and applicable hotel fees with the City of Kingston.
(b) 
With proof of payment of applicable fees and registration with the Building Safety Department, a host may receive one of three types of
short term rental
permits, following the standards described in Subsection D(2)(c) below:
[1] 
Short-term rental
, full permit (STR-F), a short-term rental permit for one
dwelling unit
.
[2] 
Short-term rental
resident-occupied permit (STR-RO), a short-term rental permit for a portion of a
dwelling unit
, with a full-time resident living within the same unit.
[3] 
Short-term rental
limited permit (STR-L), a short-term rental permit for one
dwelling unit
that is used as a short-term rental for fewer than 30 days per year.
(c) 
Short-term rental
standards.
[1] 
There shall be a limit of one
short-term rental
unit per
lot
.
[2] 
Short-term rental
permit types are permitted by Transect Zone as identified in Table 405.5.C, Transect District Permitted Uses Summary.
[3] 
STR-F permits shall be limited to 1% of the City's housing units based on the latest American Community Survey data.
[4] 
A STR shall host no more than two guests per bedroom and is limited to a maximum capacity of six people per dwelling. Children 10 years of age and under are not counted as guests.
[5] 
Upon approval of an STR permit, the City will assign a registration number to the STR property. The registration number must be included in all STR listings and advertisements, both in print and online.
[6] 
A
building
or portion thereof that is not entitled to be operated as a
short-term rental
pursuant to this Zoning Chapter, but was entitled to operate as a
short-term rental
prior to the adoption of this Zoning Chapter, may continue to so operate for an indefinite period of time until abandonment of the
short-term rental
use, change in ownership, or revocation of the
short-term rental
permit in accordance with the procedures set forth by the Building Safety Department.
(d) 
Short-term rentals
are not permitted in
accessory dwelling units
.
(e) 
Penalties for noncompliance. Any person operating a
short-term rental
in violation of the standards of this section shall be subject to penalties in accordance with the Fee Schedule of the City of Kingston and to all other enforcement measures authorized in this chapter or by other applicable law. Each nightly booking for noncompliance shall be considered a separate offense.
E. 
Boardinghouse, transitional housing, and emergency shelters.
(1) 
Operations plan.
(a) 
For each
boardinghouse, transitional housing
facility, or
emergency shelter
, an operations plan must be provided that addresses the following elements to the satisfaction of the City. If there is a state agency providing funding and oversight for the facility, the operations plan should match the requirements established by that agency.
[1] 
Roles and responsibilities for key staff, including the on-site manager;
[2] 
Site/facility management, including a security and emergency plan;
[3] 
Site/facility maintenance, including a regular litter patrol in the immediate vicinity of the
site
;
[4] 
Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition of the on-site use or sale of alcohol and illegal drugs and threatening or unsafe behavior;
[5] 
Procedures for maintaining accurate and complete records;
[6] 
A multimodal transportation plan identifying access to public transit and the bicycle network;
[7] 
Outreach with surrounding property owners and residents and ongoing good neighbor policy; and
[8] 
Proof of annual inspection by the City of Kingston Building Safety Department.
(b) 
Additionally, a
transitional housing
facility, or
emergency shelter
operations plan shall also include provisions for provision of human and social services, including staffing plan and outcome measures.
(2) 
General standards.
(a) 
Emergency shelters, transitional housing
, and
boardinghouses
shall ensure compliance with all applicable municipal, county, state and health department laws and regulations. The sponsor and/or managing agency shall permit regular inspections by local agencies and/or departments to ensure such compliance and shall implement all directives resulting therefrom within the specified time period.
(b) 
All rooms shall have adequate space, light, electricity, heating, emergency egress, a smoke detector, and access to adequate sanitation and eating facilities pursuant to the International Residential Code (IRC).
(c) 
Lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible/comparable with the neighborhood.
(d) 
Compliance with all adopted fire and building codes is required.
(3) 
Boardinghouse: a residential establishment in which lodgers rent one or more rooms on a nightly basis, and sometimes for extended periods of weeks, months, and years.
(a) 
The maximum number of roomers or boarders shall be 12 and the maximum number of rooms shall be 10.
(b) 
There shall be no more than two people occupying a room as a roomer or boarder, and such room shall have a minimum of 80 square feet of floor space per occupant. Double occupancy shall be limited to 20% of the total rooms available in the boardinghouse.
(c) 
At all times when the premises is in use as a
boardinghouse
, a qualified full-time manager shall be available 24/7 to provide support services. The full-time manager shall be defined as the property owner that lives on the property or another individual that is not a resident of the primary building.
(d) 
A minimum distance of 500 feet from parcel line to parcel line is required between
boardinghouse
facilities.
(e) 
There shall be an annual permit fee as set forth in a fee schedule to be established by resolution of the Common Council of this City.
(4) 
Transitional housing: a facility providing short-term housing, typically for less than 24 months, and appropriate supportive services to those in need to facilitate movement to independent living.
(a) 
The number of residents shall be limited to 14.
(b) 
On-site supervision must be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed.
(c) 
A minimum distance of 500 feet from parcel line to parcel line is required between other
transitional housing
facilities and
emergency shelters
.
(d) 
The sponsor and/or managing agency shall designate points of contact and provide contact information to the Kingston Police Department.
(5) 
Emergency shelters: a facility whose primary purpose is to provide a temporary shelter for unhoused populations in general, or for specific populations of the unhoused, and which does not require occupants to sign leases or occupancy agreements.
(a) 
The number of residents shall be limited to 25.
(b) 
A minimum distance of 500 feet from parcel line to parcel line is required between other
transitional housing
facilities and
emergency shelters
.
(c) 
On-site supervision must be provided at all times.
(d) 
The sponsor and/or managing agency shall designate points of contact and provide contact information to the Kingston Police Department.
(e) 
All functions associated with the facility, including adequate waiting space, must take place within a building or on the
site
proposed to house the facility.
F. 
Neighborhood business.
(1) 
The ground floor of a
neighborhood business
shall contain a retail or service
use
, up to the floor area limits in § 405-12L. Upper floors may contain residential or
general office uses
.
(2) 
Eating/drinking establishment uses
allowed by Transect Zone in Table 405.5.C may be a permitted ground floor
use
in a
neighborhood business
if the seating area is limited to 20% of the total commerce floor area.
(3) 
Specific to a
neighborhood business
in T4N or T3N Districts:
(a) 
The ground floor shall contain neighborhood-oriented businesses (retail and service
uses
that primarily serve the immediate nearby residential areas). An
eating/drinking establishment
with seating area limited to 20% of the total commerce floor area may be allowed by special permit.
(b) 
Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. daily, including deliveries and trash pickup from private haulers.
G. 
Adult uses.
(1) 
Adult uses
shall not be permitted within 1,000 feet of another
adult use
establishment, or within 500 feet of a preexisting school,
place of worship
, library, local park,
playground
, community center, designated
historic preservation site
, as well as any areas designated as scenic under New York State law.
H. 
Animal boarding.
(1) 
Outside exercise areas, yards, pens, or storage areas are not permitted within 100 feet of any property in a TxMS, TxN, TxN-O, or T3L District.
(2) 
All veterinary facilities shall be constructed and operated according to any other rules that the
Zoning Enforcement Officer
may establish to provide for public health, safety, and welfare.
I. 
Auto-oriented services.
(1) 
Drive-through facilities, including space for vehicle storage or idling, shall not be located between buildings and adjacent streets. Vehicle access for a drive-through shall be restricted to the rear of the property.
(2) 
No gasoline or oil pump or service appliance, unless within a building, shall be within 15 feet of any street line. See "A" in Figure 405.21.I.
(3) 
Pedestrian walkways shall have clear visibility and be emphasized by enhanced paving or markings when they intersect the drive-in or drive-through aisles.
(4) 
All service areas, trash storage areas, and mechanical equipment shall be screened from ground-level view from adjacent properties and public
rights-of-way
.
(5) 
At least one trash receptacle shall be installed per drive-through facility or per fuel pump island.
(6) 
Any structure associated with
auto-oriented services
, such as fuel pumps, canopies, drive-through menu boards, etc., shall be located a minimum of 30 feet from any property in a TxN, TxN-O, T3L or T2C District. See "B" in Figure 405.21.I.
(7) 
A six-foot-tall wall or fence shall be provided along the boundary line of any property located within a TxN, TxN-O, T3L or T2C District and an auto-oriented service
use
. See "C" in Figure 405.21.I.
Figure 405.21.I
Auto-Oriented Use Example
(8) 
All lighting shall be stationary and shielded or recessed to direct light away from adjacent
rights-of-way
and any adjacent property that allows a residential
use
.
(9) 
No driveway to or from any automobile service station shall be within 200 feet (measured along the street line on that side of the street on which such automobile service station has its main frontage and on which such driveway would cross) of the boundary line of any school, church, park, playground, hospital, public library, institution for dependents or children or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where either premises is located.
(10) 
All automobile parts, wrecked or damaged motor vehicles or similar articles shall be stored within an approved enclosed area. Major repair work may be carried on outdoors where it is impracticable to do such work within a building, but in no case shall any vehicles requiring such work be stored outdoors for a period exceeding 30 days. Gasoline or oil sales, changing of tires and other similar automobile servicing shall not be considered to be major repair work.
(11) 
No automobile service station and no gasoline or oil pump or automotive service appliance (excluding electric vehicle charging stations), unless within a building, shall be permitted to be established on a lot that is within 1,000 feet of another lot on which there is an existing automobile service station or outdoor gasoline or oil pump or automotive appliance or of another lot for which a building permit has been issued for the erection of such a station, pump or service appliance. This requirement shall in no way be construed to cause any existing use to become nonconforming, except that if such a use has been discontinued for any reason for a period of over one year or has been changed to or replaced by a conforming use, such use shall be subject to the provisions of Article 3 hereof.
J. 
Outdoor entertainment.
(1) 
A six-foot-tall wall or fence shall be provided along the boundary line of any property located within a TxN District and an outdoor entertainment
use
.
(2) 
All lighting shall be stationary and shielded or recessed to direct light away from adjacent rights-of-way and any adjacent property that allows a residential
use
, other than properties within the TxMS and T5F Districts.
(3) 
Outdoor entertainment is not permitted within 100 feet of any property within a T3N or T3L District.
K. 
Surface parking lot.
(1) 
Surface parking lots shall be an accessory use to a
principal building
on a
lot
unless approved by special permit.
(2) 
Surface parking lots with an impervious area of more than 5,000 square feet within 500 feet of streams, creeks, rivers, wetlands and/or located within the 100-year floodplain must provide for the retention and filtration of stormwater runoff from the impervious surface for a ten-year, twenty-four-hour storm event in bioswales, rain gardens, or other stormwater facility that provides for the bioretention and biofiltration of stormwater on
site
.
(3) 
Impermeable paving areas shall be limited to 10,000 square feet in size in T5, T4, T3, and SD-WMU Districts.
(4) 
Impermeable paving is discouraged in T3L, T2C and T1 Districts. The use of pavers, gravel/compacted earth, or other permeable alternatives should be utilized when possible.
(5) 
The landscape standards of § 405-16F shall apply.
L. 
Parking structures.
(1) 
Parking structures should be designed in a manner that does not unnecessarily prevent their conversion to habitable
uses
at some point in the future.
(2) 
Parking structures are required to include
liner buildings
as outlined in § 405-14F where facing streets or public spaces.
M. 
Urban agriculture.
(1) 
General use and site plan standards.
(a) 
Buildings and structures, including those for the storage of compost and refuse, shall comply with the dimensional standards of the underlying district. In addition, placement of farm structures should respect significant landscape features on the
site
, such as rock outcroppings, drainage areas, and mature trees.
(b) 
Chemicals, pesticides, and fertilizers or other garden waste shall be prevented from draining onto adjacent properties or street
rights-of-way
.
(c) 
Accessory structures erected for the purposes of
urban agriculture
are subject to a maximum height of 15 feet and a maximum size of 750 square feet in areas outside of Historic Districts and 400 square feet within Historic Districts.
(d) 
Composting, equipment storage, and disposal areas should not be located in the front or side street yard unless there are special circumstances that make it necessary. While a driveway may be allowed in the front yard, the parking zone shall only be permitted where described in the transect standards (Article 3).
(e) 
Urban agriculture
farms shall be used in such a manner that at no time shall they constitute a nuisance or a hazard to the surrounding neighborhood.
Urban agriculture
farms shall be maintained in a healthy growing condition, especially in the off-season.
(f) 
Urban agriculture
uses are permitted in rooftop locations. In the T5MS and T4MS Districts,
urban agriculture
shall be limited to a rooftop garden, or a community garden as outlined in § 405-24D(1).
(g) 
Composting is prohibited as a primary use on a
lot
. The raising of chickens or bees as the primary use on a
lot
is permitted by special permit in SD-F, T2C and T1 Districts, and prohibited as the primary use on a
lot
in all other districts.
(h) 
Cannabis shall be grown in accordance with guidance from the New York State Office of Cannabis Management and screened from view. Such screening can include trees, shrubs, and perennial borders and/or screening walls and fences. Any fencing shall meet the requirements of § 405-14I.
(2) 
Composting on
urban agriculture
lots.
(a) 
Composting as an accessory use shall be used primarily to support on-site operations, and shall comprise no more than 7 1/2% of the lot area.
(b) 
Maximum height of composting structures or bins shall not exceed 10 feet.
(c) 
Compost bins and structures shall be set back five feet from all property lines.
(3) 
Accessory beekeeping on
urban agriculture
lots.
(a) 
All beekeeping shall comply with applicable state and local laws and regulations.
(b) 
Specific to T5, T4, and T3N/T3N-O Districts. The maximum number of hives on any given
lot
shall be two. Up to five hives per
lot
may be allowed by special permit. Hives shall not be located in the front yard or in a side yard that abuts a street.
(c) 
Specific to T3L, T2, T1 and SD Districts. The maximum number of hives on any given
lot
shall be five.
(d) 
No hive shall exceed five feet in height excluding the hive stand, and 20 cubic feet in size.
(e) 
No hive shall be located closer than 10 feet from a public street or sidewalk.
(f) 
All hives shall include a nearby supply of water in a shallow container with dry pebbles.
(g) 
Applicants shall demonstrate that the hives can be located so that the movement of bees will not interfere with pedestrian traffic or persons residing on or adjacent to the hive premises. For any hive that is within 20 feet of the doors and/or windows of a principal building on an abutting lot, the hive opening must face away from doors and/or windows, or a flyway of at least six feet in height comprised of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the hive such that the honey bees fly upward and away from neighboring properties. The flyway shall be located within three feet of the entrance to the hive and shall extend at least two feet in width on either side of the hive opening.
(4) 
Accessory keeping of chickens on
urban agriculture
lots.
(a) 
The keeping of chickens shall comply with Chapter 151; additional provisions provided in this section apply specifically to an
urban agriculture use
. In case of conflict, the provisions of this section shall apply.
(b) 
The number of chickens kept on a single property shall not exceed 12. The keeping of roosters is prohibited.
(c) 
All chickens shall be provided shelter within a chicken coop with a maximum footprint no larger than 150 square feet and may be provided an additional fenced enclosure area for the purposes of free-ranging, i.e., feeding and exercise.
(d) 
All chicken coops and enclosures shall be constructed and maintained in such a manner as will safely and securely house chickens and shall be kept free of rodent infestation at all times. Runoff from a chicken enclosure shall not negatively impact adjacent properties.
(e) 
All chicken coops and enclosures shall be in the rear or side yard of the property on which they are located and shall be set back a minimum distance of five feet from the side and rear property line.
(f) 
Coops and enclosures shall be kept no closer than 15 feet to any dwelling on an adjacent lot.
(g) 
Chickens may not leave the permitted property outside the confines of a cage or enclosure used for their transportation.
(5) 
Aquaculture on
urban agriculture
lots.
(a) 
Facilities greater than 750 square feet, and freight containers of any size shall require a special permit.
(b) 
Applicants must comply with applicable federal and state regulations for water use and discharge, and for the possession, propagation, culture, sale and disposition of living marine organisms.
(6) 
Fencing and screening.
(a) 
Any composting, loading or disposal areas that abut a public street, public
open space
, or residential
use
shall be screened from view. Such screening can include trees, shrubs, and perennial borders and/or screening walls and fences. Any fencing shall meet the requirements of § 405-14I.
(b) 
In T5, T4, and T3 areas, perimeter fencing is limited to a maximum height of four feet along street lot lines, and eight feet along the interior side or rear lot line and shall not include electrified, barbed, razor wire, or plywood sheeting. The use of uncoated metal chain-link is discouraged.
(c) 
In T5, T4, and T3 areas, any material or equipment stored outdoors shall be surrounded by a wall or fence or vegetative screen of such height, not less than six feet high, as may be necessary to screen such material or equipment from view from any public street or public
open space
.
(7) 
Lighting. Lighting should be limited to that required for operational and safety purposes of any activity defined as
urban agriculture
so as not to create a nuisance through excessive brightness to abutting residential uses. For
sites
abutting residential uses, the applicant shall supply a lighting schedule and plans to mitigate fugitive light.
N. 
Open storage.
(1) 
No
open storage
shall be permitted in any district of the City of Kingston, unless approved by special permit in the T5F, T4N-O, T3N-O, SD-C, SD-F, or SD-W Districts.
(2) 
Open storage is subject to the following standards:
(a) 
Open storage is prohibited in the front yard area (between the building and the street).
(b) 
Open storage in a side or rear lot area shall be screened from public view to the maximum extent possible by landscaping or a fence meeting the requirements of § 405-14I.
(c) 
A display lot for new or used car dealerships may be permitted, without screening, as an auto-oriented service use.
O. 
Small-scale renewable energy systems.
(1) 
Small-scale renewable energy systems
have minimal or limited impacts on surrounding uses and are intended to supply renewable energy to an individual building, or contribute to block-scale resiliency efforts. Examples include:
(a) 
Roof-mounted solar energy systems (a photovoltaic system of electricity-generating solar panels mounted on the roof of a structure or consisting of the roof material itself) with a footprint of up to 100% of the building footprint on which the system is attached.
(b) 
Ground-mounted solar energy systems (a photovoltaic system of electricity-generating solar panels mounted on the ground) with a footprint not greater than 600 square feet.
(c) 
Roof-mounted wind turbines (an electricity-generating wind turbine mounted on the roof of a structure), with a maximum height of no more than 10 feet from the highest point of the structure on which the turbine is attached to the bottom of the rotor blade assembly. A height greater than 10 feet, or multiple turbines per building, shall require a special permit.
(d) 
Ground-mounted wind turbines (an electricity-generating wind turbine mounted on the ground) may be permitted in T3L, T2C, T1 and SD Districts; maximum one per lot, with a maximum height of no more than 30 feet measured to the bottom of the rotor blade assembly. Multiple turbines per lot, or placement in a T5, T4, T3N or T3N-O District, shall require a special permit.
(e) 
Other types of renewable energy systems including hydropower, geothermal heat pumps, and solar water heaters, as long as the combined footprint of aboveground components are not greater than 200 square feet.
(2) 
Any system that exceeds the above limits shall be considered a
large-scale renewable energy system
.
(3) 
All aboveground
small-scale renewable energy systems
equipment/components are subject to the setbacks of the underlying transect standards. Ground-mounted
small-scale renewable energy systems
and their associated support systems (example: guy line anchors) are subject to a fifteen-foot front setback, and a side and rear setback of five feet.
(4) 
Small-scale renewable energy systems
shall comply with applicable state and local laws and regulations.
P. 
Telecommunication facilities.
(1) 
Monopole towers shall be located on a
site
larger than three acres.
(2) 
Screen fencing shall be provided for aesthetic and public safety reasons, and a fence at least six feet in height shall be erected completely around any communication tower and any related support facilities. Barbed and razor wire fencing is prohibited in all Transect Zones.
(3) 
A fifteen-foot-deep planted buffer yard is required along the boundary line of any property within a district that allows residential
uses
. Buffer yards shall include the following planting:
(a) 
A six-foot-high screening wall or fence.
(b) 
An evergreen tree of 2.5 inches caliper per 30 linear feet of buffer yard.
(4) 
Open storage
of any supplies, vehicles or equipment related to the use of the facility is prohibited in TxN Districts.
(5) 
An antenna or tower may not be illuminated and lighting fixtures or signs may not be attached to the antenna or tower, except as required by law or to protect public safety.
(6) 
The applicant shall provide written certification from a registered engineer that the antenna and tower are to be constructed in compliance with all applicable federal, state and local regulations pertaining to the construction.
(7) 
Apart from the tower or monopole structure, the facility appurtenances shall be aesthetically and architecturally compatible with the architecture of the surrounding environment.
(8) 
Telecommunication facilities shall reduce visual impacts to surrounding areas. New facilities are encouraged to be located on existing structures or buildings. Multiple facilities at lower heights or just above the tree line rather than larger facilities that create a greater visual impact are encouraged.
Q. 
Recreation fee. In any development (including new buildings, substantial rehabilitation of existing structures, adaptive reuse of conversion of a nonresidential use to a residential use, or any combination of these elements) that includes seven or more overall rental or homeownership housing units, as a condition to the approval of the site plan, a recreation fee payment to the City of Kingston of a sum of money in an amount to be determined and set annually, by resolution of the Common Council, as part of the City's fee schedule. Fees imposed pursuant to this article shall be paid prior to final site plan approval and shall be set aside in a fund to be used exclusively for park, playground or other recreational purposes, including acquisition of property for use as park or playgrounds.