Kingston City Zoning Code
ARTICLE 8
Administration and Enforcement
§ 405-26 Form-based Code administration and enforcement.
[Amended 11-12-2024 by Res. No. 198-2024, approved 11-14-2024; 11-12-2024 by Res. No. 199-2024, approved 11-14-2024]
A.
Purpose, applicability, and general provisions.
(1)
Purpose. In order to establish an orderly process to develop land within the jurisdiction of the City of Kingston, the purpose of this section is to provide a clear and comprehensible development process that is fair and equitable to all public interests, including the applicants, neighbors directly affected by land use determinations, City staff and related agencies, and the Common Council.
(2)
Applicability. The provisions of this section shall be applicable to all development activity under the jurisdiction of the City of Kingston.
(3)
The
Building Safety Officer
or their designees shall not issue a permit or license for any use
, building
, or purpose that conflicts with any provision of this chapter. Any permit, license or certificate issued in conflict with the provisions of this chapter, whether intentionally or unintentionally, shall be null and void.(4)
It is the intent of this chapter to reduce the burden on incremental infill projects and improve predictability in the outcome of future development within the City of Kingston. This chapter implements a streamlined process of development application review and approval to expedite proposals that fulfill the purposes and intent of this chapter and conform to its standards. However, if there are
deviations
requested, the additional required approvals may delay the development process. See § 405-26E.(5)
With good cause, the
Planning Administrator
may suspend any of the response, approval, or disapproval timelines referenced in this article.(6)
Appeal. An aggrieved party may appeal a decision made in accordance with this article within 30 days of the filing of the decision. An "aggrieved party" is defined as the applicant or an interested party with legal standing.
B.
Site development approval.
(1)
The
Planning Administrator
shall deem all site plan
submittals a minor site plan
or major site plan
.C.
Minor site plan review process.
(1)
Minor site plan review process.
(b)
The
Planning Administrator
shall solicit recommendations from the Building Safety Officer
, the Planning Department, Department of Housing Initiatives, City Engineering Office, Corporation Counsel, and Building Safety Departments and shall provide adequate public notice in making determinations as part of the minor site plan review process
.(c)
Administrative approval of a
minor site plan
shall require substantial compliance of the standards within this chapter.(d)
A
minor site plan
also qualifies as a Type II action. See § 405-26G for SEQRA review.Figure 405.26 Overview of the Development Review Process |
 |
NOTES: | |
1 | "Planning" refers to the City of Kingston Planning Administrator (the Planning Director or their designee). |
2 | This diagram is illustrative in nature; the development review process may vary. All necessary steps will be confirmed with each applicant based on the details of each specific proposal. |
(2)
Minor site plan
administrative review and approval process.(a)
A
minor site plan
application shall follow § 405-26E with the following exceptions:[1]
The presubmission process shall be handled by the
Planning Administrator
.[2]
Any requested waivers shall be within the
Planning Administrator's
purview as defined in § 405-26F.[3]
Once a complete application is reviewed by the
Planning Administrator
as well as other appropriate City officials, a determination shall be made by the Planning Administrator
.[4]
The
Planning Administrator
shall review minor site plan
applications with associated recommendations, and approve, approve with conditions or deny applications administratively.D.
E.
Site plan approval and supplemental regulations.
(1)
Site development approval.
(a)
Site development plan approval, either via the
minor site plan
or major site plan
submittal process shall be required for:[1]
The erection or enlargement of all buildings, in all transects, other than one-, two- or three-family residences, and associated accessory structures; or
[2]
Any change in
use
or intensity of use
which will affect the characteristics of the site
, including but not limited to parking, loading, drainage, access or utilities; or[3]
Any application for a special use permit.
(b)
In all cases where any amendment of any such plan is proposed, the applicant must also secure the approval of the amendment via the
minor site plan
or major site plan
submittal process. No building permit may be issued for any building within the purview of this section until an approved site development plan or amendment of any such plan has been secured by the applicant and presented to the Building Safety Officer
. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used, or the land is developed or used, in conformity with an approved site development plan or an amendment of any such plan. The Planning Administrator
shall certify on each site development plan or amendment to a site development plan whether or not the plan meets the requirements of this chapter, other than those enumerated in sections of this chapter regarding site development plan approval.(c)
Objectives. In reviewing
site plans
, consideration shall be given to the public health, safety and welfare; the residents or users of the proposed development and of the immediate neighborhood in particular; and the appropriate conditions and safeguards as may be required to further the expressed intent of this chapter and the accomplishment of the following objectives, in particular:[1]
The project is consistent with the Comprehensive Plan of the City.
[2]
The project complies with all applicable standards of this Code.
[3]
The project will promote building design that responds to the surrounding neighborhood and demonstrates respect for surrounding historic resources while allowing for a diversity of architectural styles and original and distinctive design approaches.
[4]
The project will provide for the adequate protection of significant natural, cultural, heritage, and scenic assets on or near the
site
.[5]
The project will ensure safe and efficient access for all
site
users, including pedestrians, cyclists, transit passengers, the mobility impaired, and motor vehicles, as applicable; and contributes to existing pedestrian-oriented rights-of-way in relation to the public realm and streetscape.[6]
The project will be located, designed, and/or managed to meet its anticipated travel demand, and will include reasonable efforts to minimize single-occupancy vehicle trips, reduce vehicle miles traveled, and promote transportation alternatives.
[7]
That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible. The project will include native plant materials, and will be planted so as to maximize prospects for healthy growth.
[8]
That all plazas and other paved areas intended for use by pedestrians use decorative pavements and plant materials so as to prevent the creation of expanses of pavement, and all connections to City systems are in accordance with City standards.
[9]
That the site plan and external building design accommodate the needs of the handicapped and are in conformance with the state standards for construction concerning the handicapped. When applicable, build in fair housing, inclusionary, and equal opportunity initiatives of the City of Kingston to promote access to community assets, such as quality education, employment and transportation for all, without consideration of race, gender, religion, age, sexual orientation, national origin or ethnic background.
[10]
The project will make for the most efficient use of land and municipal services, utilities, and infrastructure and the site plan and building design will maximize the conservation of energy.
[11]
The project is sufficiently served by or provides services, utilities, and infrastructure. All improvements and connections to City systems are constructed and maintained in accordance with City standards, and as required by the Department of Public Works, Water Department, Fire Department, Building Safety Division and Parks and Recreation.
(d)
Procedure.
[1]
Presubmission.
[a]
Prior to the submission of a formal site development plan, the applicant shall review with Planning and/or its designated representative the proposed site development plan to determine which of the subsequent requirements may be necessary in developing and submitting the required site development plan.
[b]
Where the
site
is within an Historic District, the applicant should also meet with the Kingston Historic Landmark Preservation Commission and/or its designated representative to determine the extent to which the proposed development may conform to or conflict with the standards of the Commission and this chapter and to discuss the possible diminution or elimination of any conflicts.[c]
Within six months following the presubmission conference, the site plan and any related information shall be submitted as prescribed by Planning. The site plan shall be accompanied by a fee in accordance with the schedule of fees of the City of Kingston. If not submitted within this six-month period, another presubmission conference may be required.
[d]
Planning shall certify on each original or amended site plan whether or not the application is complete in accordance with Subsection E(1)(f) below or as may be modified during the presubmission conference and whether the plan meets the requirements of all the provisions of this chapter, other than those of this section regarding site plan review. Planning shall act to certify the application or return it to the applicant for completion or revision within 45 days of submission by the applicant. Planning shall make a determination as to whether the project shall follow the minor or major site plan review process in accordance with §§ 405-26C and 405-25D.
[2]
Major site plan procedure.
[a]
Following certification by Planning as a major
site plan
, the application shall be submitted to the Planning Board as prescribed, which shall be considered the official submission date.[b]
Simultaneously with its submission to the Planning Board, the certified application may be forwarded to the Chief of Police, Fire Chief, Health Department, Superintendent of Public Works, Plumbing Inspector and, where required, to the County Planning Board, County Highway Department and any other agency that the Planning Director deems appropriate.
[c]
Planning may hold a public hearing on the site plan if it determines the project is a major
site plan
and a majority vote of the Planning Board requests a public hearing. A public hearing is required for all CVPs or WNPs as part of a major site plan
review. (See Article 7.) If such a hearing is held, it shall be held within 62 days of the official submission date of the application, and notice shall be given at least five days prior to the date of such hearing by publication in the official City newspaper.[d]
The Planning Board shall act to approve, approve with conditions or disapprove any such major
site plan
within 62 days after the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. Conditional approval by the Planning Board shall include written findings upon any site plan element found contrary to the provision or intent of this chapter. In reviewing the application, the Planning Board shall consider whether a proposed plan will conform to the intent and requirements of this chapter and/or what revisions are appropriate. In reviewing site plans, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act.[1] The decision of the Planning Board shall be filed in the office of the City Clerk within five business days of the rendering of the decision. All conditions must be satisfied prior to issuance of a building permit.[1]
Editor's Note: See Environmental Conservation Law, § 8-0101 et seq.
[e]
Amendments to a previously approved site plan shall be acted upon in accordance with this Code.
[f]
Following approval of the site plan by the Planning Board, the applicant shall file with the City Clerk a performance bond to cover the full cost of any required improvements in an amount set by the Planning Board upon advice of the City Engineer. If the value of improvements is less than $25,000, unless the Planning Board determines that improvements of lesser costs are important to the health and welfare of the City or the immediate area, the Planning Board may waive the bonding requirements. Said bond shall be in a form satisfactory to the Corporation Counsel of the City of Kingston and may be in cash or in the form of surety company bonds and, if a surety company bond, shall be in the amount of 100% of the estimated cost or, if a cash bond, 50% of the estimated cost, as certified by the City Engineer, of proposed screening and landscaping, including planting and maintenance thereof for a minimum of one year and a maximum of three years at the discretion of the Planning Board, stormwater drainage systems, public and private streets and drives, water and sanitary sewer systems, outdoor lighting and off-street parking areas, loading areas, means of vehicular access and egress to and from the
site
onto public streets and recreation areas, including playgrounds and garbage collection stations and fire alarm systems (if any), signage, and any related site improvements as deemed appropriate by the City Engineer. Said bond shall be conditioned upon the property owner's or developer's completing said work enumerated herein and set forth on the approved site plan in a manner satisfactory to the City Engineer of the City of Kingston and upon the proper functioning of said systems for a period of one year from their completion. In default thereof, said bond or deposit shall be forfeited, and the City Engineer shall use the amount thereof to complete any incomplete portion of said work, return the site to original conditions, or to make repairs as are necessary to assure proper functioning of said improvements; provided, however, that if any amount of money remains after the City has completed said work, such excess money will be returned to the surety or the person putting up the required deposit. Said surety bond or cash deposit may be reduced by resolution of the Planning Board upon the certification of the City Engineer that one or more particular items required by the Planning Board have been satisfactorily completed. If a 50% cash bond has been posted, such reduction shall be in the ratio that the completed item or items bear to the total estimated costs of the required improvements. The installation of all improvements shall be under the direct supervision of a registered architect or professional engineer. While periodic reductions may be authorized by the Planning Board, certified as-built plans must be submitted for final release of monies.(e)
Time limit on validity of approval. Approval of a site plan shall be valid for a period of one year from the date thereof for the purpose of obtaining a building permit. Failure to secure a building permit during this period shall cause the site plan approval to become null and void. Upon application, the time limit on the validity of the approval may be extended to not more than two years from the date of the original approval. The time limit on the validity of the approval may be extended further with demonstration of extenuating circumstances that caused the delay and mutual consent between the applicant, the
Planning Administrator
, and Corporation Counsel.(f)
Required submissions. All maps submitted must be at a scale of not less than 30 feet to the inch. Where the site is within an Historic District, an additional copy of such information and letters, and a copy of any additional data required by the Planning Board, must be submitted at the same time to the Kingston Historic Landmark Preservation Commission. The information to be submitted, and which in total constitutes a site development application and plan, includes at a minimum:
[1]
Application forms as prescribed.
[2]
Evidence of
site
control.[3]
The names of all owners of record of all adjacent property and the section, lot, and block number of the property, all as shown on the City's Official Assessment Maps.
[4]
Existing Transect Zone boundaries, and any special requirements identified on the Regulating Maps (Article 2).
[5]
Boundaries of the property, build-to zone or setback lines, as required in the Transect Standards (Article 3).
[6]
A survey showing all lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest minute or closer if deemed necessary by the surveyor. The error of closure shall not exceed one to 10,000.
[7]
A copy of any covenants or deed restrictions that exist or are intended to cover all or any part of the tract.
[8]
Relationship of the subject property to adjacent public infrastructure, including sidewalks, roadways, streetlighting, street trees, traffic control devices,
right-of-way
signs, catch basins, culverts and inlets, parks and dedicated open spaces, water and sewer services, and any other structures in the right-of-way
.[9]
The location and detail of existing utilities, sewer and water lines, culverts and drains on the property, with pipe sizes, grades and directions of flow.
[10]
Existing and proposed contours with intervals of five feet or less, referred to a datum satisfactory to the Board.
[11]
Location of any existing water bodies, wetlands, floodplains, shoreline buffers, steep slopes (slopes in excess of 10%), federal or state-designated significant habitats on and within 200 feet of the
site
, designated local, state, or national landmark or historic district on and within 200 feet of the site
and other significant existing features.[12]
Context of development within 100 feet of the
site
, including location and scale of principal buildings, and site
ingress and egress points.[13]
The name of the development, data, North point, scale, date and the name and address of the record owner, engineer, architect, land planner or surveyor preparing the site development plan.
[14]
Aerial photo base map with site plan overlay. Aerial photos at a minimum of 50 cm resolution showing existing conditions shall be provided, such as but not limited to aerial photos obtainable on Ulster County Parcel Viewer, New York State Department of Environmental Conservation Natural Resources Mapper, Google Earth, or others (can be obtained free of charge online from several sources).
[15]
The proposed use or uses of land and buildings and the proposed location of buildings.
[16]
A written narrative to describe the proposal, with highlights to describe how the proposed improvements meet the intent of the Code. Any waivers being requested shall be identified in the narrative.
[17]
Existing and proposed improvements on the
site
, including structures, easements, vehicular and pedestrian access, established trees (eight-inch DBH or more), fences or walls, lighting, parking and loading facilities, and signs, as applicable.[19]
Detailed architectural drawings, including proposed building materials and elevations or diagrams to demonstrate compliance with applicable provisions of § 405-14.
[20]
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
[21]
Proposed screening and landscaping shown on a planting plan prepared by a qualified landscape architect or architect, including a schedule of the type, sizes, and amounts of landscaping to be proposed.
[22]
Proposed stormwater drainage system, designed by an engineer or qualified architect.
[23]
All proposed lots, easements and public and community areas. All proposed streets with profiles indicating grading and cross sections showing the width of roadways, locations and widths of sidewalks and the location and size of utility lines, according to the standards and specifications contained in Article 5 and the street improvement specifications of the Department of Public Works, City of Kingston. All lengths shall be in feet and decimals of a foot, and all angles shall be given to the nearest 10 seconds or closer if deemed necessary to the surveyor. The error of closure shall not exceed one to 10,000.
[24]
Such other information as the
Planning Administrator
or City Planning Board may deem necessary for proper consideration of the application, such as reports, illustrative renderings, or other relevant documentation prepared by appropriate professionals. At the presubmission meeting, the Planning Administrator
may provide a checklist of applicable Code standards and identify needed materials to demonstrate compliance.(g)
Waiver of required information. Upon findings by the
Planning Administrator
or Planning Board that, due to special conditions peculiar to a site plan, certain information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, regulating plans, Master Plan or this chapter.(2)
Special permits. The Planning Board may authorize, by resolution, the issuance of a special permit only for those uses in a transect where this chapter requires such a permit. In authorizing the issuance of a special permit, the Board shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to ensure the accomplishment of the following objectives. Unless otherwise provided, all special permits shall be valid for a period determined by the Board.
(a)
Objectives.
[1]
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
[2]
That the proposed use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
[3]
The proposed use is consistent with the spirit and intent of this Code.
[4]
The proposed use will not result in the destruction, loss, or damage of any feature determined to be of significant natural, scenic, or historic importance.
(b)
Procedure. The procedure for a special permit shall be the same as set forth in the General City Law § 27-b.
(c)
Application. Every application for a special permit shall contain the relevant items outlined in § 405-26E(1)(f), as determined during the presubmission conference.
(d)
In authorizing the issuance of a special permit, it shall be the duty of the Planning Board to attach such conditions and safeguards as may be required in order that the results of its action may, to the maximum extent possible, further the general objectives of this chapter. The Board may require that special permits be periodically renewed. Such renewal shall be granted following due public notice and hearings and may be withheld only upon a determination that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been, or are no longer being, complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit. Any use for which a special permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that:
[1]
The provision in this chapter under which such permit was issued is still in effect.
[2]
Such permit was issued in conformity with the provisions of this chapter.
[3]
Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
[4]
All applicable provisions of this chapter not otherwise varied by the special permit approval are adhered to.
(e)
No special permit shall be authorized for any activity in an Historic District until such application shall have been referred to the Landmark Preservation Commission in accordance with the site plan procedure outlined in § 405-26E(1)(d).
(f)
No use allowed by special use permit may be enlarged or increased in intensity without approval of a new special use permit. Special permit renewals without an enlargement or increase in intensity shall be reviewed by the
Planning Administrator
. Special permit renewals with a proposed enlargement or increase in intensity shall require review by the Planning Board.(g)
Any special permit renewals rejected by the
Planning Administrator
can be appealed to the Planning Board.(3)
Sign permits and administrative procedures.
(a)
Sign approval and permit.
[1]
Signs shall not hereafter be erected, structurally altered, enlarged or relocated within the City, except as specifically exempted in Subsection E(3)(a)[3] below, unless approval has been obtained from the
Planning Administrator
. A permit from the Building Safety Officer
shall be issued following submission, review and approval of an application by the Planning Administrator
in accordance with the requirements set forth below and payment of the fee in accord with the City's adopted schedule therefor.[2]
The
Building Safety Officer
shall not issue a permit for those signs requiring approval by the Planning Board, unless such approval has been granted. Furthermore, any type of sign within the Stockade District or any designated Landmark Overlay District or landmark site shall be subject to approval by the Landmark Preservation Commission, in accord with the procedures set forth in § 405-26L, prior to issuance of a permit.[3]
A permit shall not be issued for any type of new sign if any other sign exists on the premises which does not conform to all requirements of this chapter, unless such existing sign was granted and is still entitled to a legally valid variance. This provision shall not apply to the repainting or refurbishing of an existing sign.
(b)
Form of application. Application for a sign permit shall be made on a form designed for that purpose and provided by the
Planning Administrator
and shall include but not be limited to:[1]
A scale drawing of the sign which shows content and proposed location of the sign on the premises, property lines, structure locations and other signage on the property.
[2]
A scaled drawing, with appropriate notes, describing the content, colors and construction of the sign and, where appropriate, the method of attachment to the building.
[3]
A description or sample of the predominant material of which the proposed sign will be made.
[4]
A description of the proposed method, if any, of sign illumination.
(c)
Review by
Planning Administrator
. The Planning Administrator
shall review all sign applications with respect to all quantitative factors and, in the case of those types of signs requiring no other review, approve, disapprove or approve with modifications the permit therefor within 45 days of receipt of the application.(d)
Review by Planning Board or Landmark Preservation Commission.
[1]
The Planning Board shall review any signage that is part of a major
site plan
. In the case of a sign that requires approval of either the Planning Board or the Landmark Preservation Commission, the Planning Administrator
shall refer the application, including a finding as to compliance with all quantitative factors, to the appropriate body at least 15 days prior to its next regular meeting. The Planning Board or Landmark Preservation Commission shall act to approve, disapprove or approve with modifications within 45 days of receipt of the application. In their review, the Planning Board and the Landmark Preservation Commission shall be guided by the design guidelines set forth in § 405-17 as well as any other applicable standards.[2]
After approval or approval with conditions by the Planning Board or Landmark Preservation Commission of those signs requiring such approval, the
Planning Administrator
shall issue a permit therefor in accordance with all applicable requirements.(4)
Referral to Ulster County Planning Board.
(a)
Conditions of referral.
[1]
The Ulster County Administrative Code (UCAC), § A7-5 established the Ulster County Planning Board (UCPB). Section A7-7A grants the UCPB authority to review land use actions as enumerated under Article 12-B of New York State General Municipal Law (GML). In addition § A7-7B gives the UCPB "... the power to review, with the right to render advisory reports only, other land use and land subdivision elsewhere in Ulster County in accordance with General Municipal Law Article 12-B." This extends the UCPB review authority beyond the 500-foot jurisdiction found in GML §§ 239-m and 239-n to all locations within Ulster County. In response, the UCPB has developed a two-tiered approach for referrals based on project location either within or outside the 500-foot jurisdiction.
[2]
Boundaries for determining proximity criteria (within or outside of 500 feet):
[a]
The boundary of any other municipality (also requires referral to adjoining municipality).
[b]
The boundary of any existing or proposed county or state park or other recreation area.
[c]
The right-of-way of any existing or proposed county or state road, parkway or other controlled access highway.
[d]
The existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines.
[e]
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
(b)
Referral requirements. Referral shall be required based on project location either within or outside the 500-foot jurisdiction, as defined by the Ulster County Planning Board "Referral Exception Agreement, Schedule B", as may be amended.
(c)
Timing and final action report.
[1]
A major referral includes the following actions and referral types: Type I actions, comprehensive plans, zoning statute or map amendments, or other special authorizations. A major referral shall be referred to the UCPB 30 calendar days before the UCPB meeting. All other actions shall be referred 12 calendar days before the UCPB meeting.
[2]
The Planning Board is required to send the UCPB a record of its decision within 30 days of taking final action.
F.
Auxiliary approvals.
(1)
Waiver.
(a)
The
Planning Administrator
shall review and may grant minor waivers
from the standards of this chapter for minor design variations in circumstances stipulated in Table 405.26.F.(b)
The Planning Board shall review and may grant
major waivers
from the standards of this chapter for major design variations in circumstances stipulated in Table 405.26.F.(c)
If a design variation is not stipulated in Table 405.26.F, the design variation shall be deemed a
major waiver
. Design variations are considered:(d)
Where variations are needed, a waiver request letter shall be submitted in writing and must clearly identify and describe the waiver being proposed, accompanied by any plans or other necessary visual representation as specified for the circumstances outlined by Table 405.26.F.
(e)
The
Planning Administrator
may provide a recommendation whether or not a waiver should be permitted to the Planning Board, based upon a specific and individualized determination that the proposed waiver is consistent with the regulations and intent of this chapter.(f)
Approval of construction documents does not constitute approval of a design variation if the waiver has not been specifically requested in writing and approved pursuant to this section.
Table 405.26.F Defined Minor Waivers and Major Waivers | ||||
|---|---|---|---|---|
Reference to Standard | Required Findings | Defined Minor Waiver Relief | Defined Major Waiver | Public Notification/Approval Agency |
Avoid impacts to sensitive natural features, such as steep slopes, exposed rock formations, sensitive habitats, wetlands and floodplains, and mature trees | Building placement standards may be adjusted by the minimum extent needed to avoid impact to sensitive natural features. | n/a | No/Planning Administrator | |
Consistency with planning, design and compatibility intent set forth in each Transect Zone | 10% maximum deviation in numeric dimensional standards (excluding building height) | n/a | No/Planning Administrator | |
Support the adaptive reuse of existing structures | n/a | Maximum building footprint may be expanded by up to 100% of the size of the existing building footprint for new additions | Yes/Planning Board | |
Increase value of site and adjacent lots by maintaining the Transect Zone block dimensions, frontage occupancy , and parking placement | n/a | Grocery stores may exceed the maximum building footprint | Yes/Planning Board | |
§ 405-11, Special District Waterfront | Architectural articulation, landscaping or other appropriate screening that shields views of parking or blank walls at the ground level from the waterfront, streets and pedestrian spaces | Parking permitted below the first story without a liner building | n/a | No/Planning Administrator |
§ 405-12, Building type standards | Consistency with planning, design and compatibility intent set forth in each Transect Zone | n/a | Proposal of additional building types not listed in § 405-12 | Yes/Planning Board |
§ 405-12, building type dimensional standards | Consistency with planning, design and compatibility intent set forth in each Transect Zone | 10% maximum deviation in numeric dimensional standards | n/a | No/Planning Administrator |
Consistency with planning, design and compatibility intent set forth in each Transect Zone | Building wider than 150 feet but meets the requirements for wide buildings [§ 405-14C(4)] | n/a | No/Planning Administrator | |
Consistency with planning, design and compatibility intent set forth in each Transect Zone | n/a | Up to 2 ADU per lot (one attached and one detached) | Yes/Planning Board | |
§ 405-14, Architecture and site design standards | Consistency with planning, design and compatibility intent set forth in each Transect Zone | 10% maximum deviation in numeric dimensional standards | n/a | No/Planning Administrator |
§ 405-14C, Facade composition | Architectural articulation, landscaping or other appropriate screening that shields views of parking or blank walls at the ground level from the waterfront, streets and pedestrian spaces | Exceptions to the facade composition requirements for the portion of facade below the first story | n/a | No/Planning Administrator |
§ 405-14D(5), shopfronts | Site constraints | Shopfront entrances at intervals greater than 50 feet apart | n/a | No/Planning Administrator |
§ 405-14G(5), screening of mechanical equipment and service areas | When equipment is taller than the maximum height for garden walls and fences | Garden wall and fence height may be extended to match that of at-grade mechanical equipment | n/a | No/Planning Administrator |
§ 405-14K(3), Steep slopes | Physical constraints | n/a | Development on ground which has an incline of 10% to 25% | Yes/Planning Board |
§ 405-15C, Waterfront Overlay, public access | Site constraints or incompatible uses | n/a | No public access on parcels outside of the SD-WMU | Yes/Planning Board |
| § 405-15D, Waterfront Overlay standards | Proposed outdoor storage consists of cultural exhibits/displays or maritime attractions that positively contribute to the waterfront pedestrian setting. | Exceptions to required screening of outdoor storage areas | n/a | No/Planning Administrator |
§ 405-16C, Parking requirements | Unique site or use circumstances | n/a | Exceptions to maximum parking limits | Yes/Planning Board |
§ 405-16E, parking access | Unique site circumstances (corner lot , or existing horseshoe driveway) | One additional curb cut permitted | n/a | No/Planning Administrator |
§ 405-16F, Parking lot landscape standards | Unique site or use circumstances | n/a | Nonpermeable streetscreens | Yes/Planning Board |
§ 405-17E, Pedestrian-oriented signs | Unique architectural qualities of a building, a building's historical significance, a building's civic or institutional use , civic prominence, or unique configuration of existing conditions of a building, as well as the quality of design, construction, and durability of the sign | Signage that does not fit the specific regulations of § 405-17 but meets the intent of this chapter | n/a | No/Planning Administrator |
§ 405-23B, right-of-way width | Physical constraints (existing buildings or natural features) | New street right-of-way width less than 45 feet | n/a | No/Planning Administrator |
§ 405-24C(1), minimum usable open space | Restrictive lot dimension or physical constraints (existing buildings or natural features) | n/a | Less than 10% usable open space provided | Yes/Planning Board |
§ 405-24C(6), steep slopes, floodplain or other natural areas | Providing improved, usable access to natural features | 50% maximum allocation of overall 10% minimum public usable open space | n/a | No/Planning Administrator |
§ 405-24C(2), usable open space in a CVP or WNP | Design constraint, such as restrictive lot dimension or physical constraints (existing buildings or natural features) | Backing buildings onto a shared usable open space | n/a | No/Planning Administrator |
§ 405-25C(1)(b), Transect Zone allocation | 80% of proposed housing units meet the requirements of § 405-19 for affordable housing | n/a | 10% to 40% of the CVP may be T5N | Yes/Planning Board |
§ 405-25C(2)(d), External connectivity | Physical conditions, such as highways, sensitive natural resources, or unusual topography provide no practical connection alternatives. | Proposed dead end must be detailed as a close (a small green area surrounded by a common driveway serving adjoining lots) and should provide pedestrian connectivity to the maximum extent practicable. | n/a | No/Planning Administrator |
§ 405-25C(2)(e), Block size | Topographic or site constraints | Blocks larger than set standards per transect | n/a | No/Planning Administrator |
Note: | ||||
Required findings shall be based on the intent of this chapter or non-self-imposed hardship. |
(3)
Special use permit. See § 405-26E(2).
G.
SEQRA review.
(1)
Along with filing a
site plan
application, the applicant shall also complete the prescribed environmental assessment form supplied by the Planning Administrator
, together with any required supplemental information needed to perform the environmental review of the project as required by SEQRA.(2)
If the
Planning Administrator
determines that an application conforms to the terms of the generic environmental impact statement (GEIS) completed on the provisions of this chapter, then no additional SEQRA analysis shall be required. This finding shall be noted in the application's file.(3)
If the
Planning Administrator
determines that an application does not conform to the terms of the GEIS, such applications shall be subject to the standard SEQRA requirements as determined by the review body.H.
Transitional provisions.
(1)
This chapter shall take effect and be in force from and after the date of its adoption by the Common Council. The following transitional provisions apply to development application approval and do not apply to New York State's State Environmental Quality Review Act (SEQRA) approval.[2]
[2]
Editor's Note: See Environmental Conservation Law, § 8-0101 et seq.
(2)
Complete applications, and applications in compliance review.
(a)
If a development application is accepted as complete, or is in compliance review by the Planning Board before the effective date of this chapter or any amendment thereto, at the request of the applicant, the application should be re-reviewed and decided, at the
Planning Administrator's
option, wholly in accordance with the development standards in effect when the application was completed or reviewed, or wholly in accordance with the standards put into effect by this chapter (but not in accordance with a mix of provisions from both sets of standards).(b)
If the
Planning Administrator
elects to have an approval remain in accordance with the prior standards, and the approval or subsequent authorization of the approved development expires or becomes invalid (e.g., for failure to comply with time limits or the terms and conditions of approval), any subsequent development of the site may be subject to the procedures and standards of this chapter.(c)
To the extent a development application is approved in accordance with the prior standards and proposed development that does not comply with this chapter, the subsequent development, although allowed, shall be nonconforming and subject to the provisions of § 405-26I,
Nonconforming buildings
and uses
.(3)
Development permitted under existing land use regulations.
(a)
Any development that has received approval under the City's land use regulations before the effective date of this chapter or any amendment thereto may be carried out in accordance with the terms and conditions of the development approval and the procedures and standards in effect at the time of approval, provided that the approval does not expire and otherwise remains valid. If significant changes are made to the development, the Planning Administrator may require associated studies and surveys to be reworked and resubmitted for review and approval. If the development approval expires, is revoked (e.g., for failure to comply with time limits or the terms and conditions), or otherwise becomes invalid, any subsequent development of the
site
, at the Planning Administrator's
option, may be subject to the procedures and standards of this chapter.I.
Nonconforming buildings and uses.
(1)
Continuation, alteration or enlargement. The following provisions shall apply to all
buildings
and/or uses
existing lawfully on the effective date of this chapter, which buildings
and/or uses
do not conform to the requirements set forth in this chapter:(a)
Except as provided in § 405-26I(2) below, any type of
nonconforming use
of buildings
or open land may be continued indefinitely but:[1]
Shall not be enlarged, extended or placed on a different portion of the
lot
or parcel of land occupied by such use
on the effective date of this chapter, nor shall any external evidence of such use
be increased by any means whatsoever.[2]
Shall not be changed to another
nonconforming use
.[3]
Shall not be reestablished if such
use
has, for any reason, been discontinued for a period of over one year or has been changed to or replaced by a conforming use
. Intent to resume a nonconforming use
shall not confer the right to do so.(b)
Buildings
housing nonconforming uses
.[2]
If a
building
which houses a nonconforming use
is destroyed accidentally due to fire, explosion or other cause, to an extent not exceeding 50% of its true value as determined by the City Tax Assessor, such building
may be restored within one year in substantially the same size, form and location, and the same nonconforming use
may be reinstated without being extended. If destroyed to a greater extent, such building
may be restored but only to house a conforming use
.(c)
Any
building
(other than a sign), the use
of which is in conformity with the regulations set forth in this chapter but which building
does not conform to one or more of the requirements hereof, other than the requirements which apply to buildings
located in designated Historic Districts, may be altered, enlarged or rebuilt but not in a manner that increases the degree of nonconformity. This provision shall be liberally interpreted to allow adaptive reuse of existing buildings
.(d)
Nothing in this article shall be deemed to prevent normal maintenance and repair of any
building
or the carrying out, upon issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Safety Officer
shall state the precise reason(s) why such alterations were deemed necessary.(2)
Termination.
(a)
Each of the
nonconforming uses
and each of the nonconforming features of certain otherwise conforming uses
, as specified in this section, is deemed sufficiently objectionable, undesirable and out of character in the district in which such use
is located as to depreciate the value of other property and uses
permitted in the district and to blight the proper and orderly development and general welfare of such district and the City. To promote public health, safety and welfare and the most desirable use of which the land of each district may be adopted and to conserve the value of buildings
and enhance the value of land therein, each such nonconforming use
and nonconforming feature of an otherwise conforming use
shall be terminated on or before the period of time after the effective date of this chapter, which time is specified hereinafter for the purpose of permitting the amortization of the remaining cost, if any, of such use
:[1]
In any T5N, T4, T3, T2, T1, or SD-MF District, except for a nonconforming agricultural
use
, any use of open land, regardless of the presence of any buildings
thereon, that is made nonconforming as a result of this chapter shall be discontinued not later than three years after the effective date of this chapter.[2]
In any T5N, T4, T3, T2, T1, or SD-MF District, any
nonconforming use
of buildings
which is not permitted under the provisions of this chapter in any other district may be continued for a period of 10 years after the effective date of this chapter or 30 years after the initial establishment of such use
or any addition thereto adding 50% or more to the real value of such use
, whichever is the longer period, provided that after the expiration of that period such nonconforming use
shall be terminated.[3]
Any
use
which is nonconforming because it is not located within a building
that is fully enclosed shall be discontinued not later than one year after the effective date of this chapter. However, no such use
will be required to terminate if within said period it shall be fully enclosed within a building
or if within said period it shall be surrounded with a solid fence, of material and design acceptable to the Planning Board, which fence shall be one foot higher than any material stored outdoors, provided that such fence shall be maintained in good condition at all times.(b)
If an application is made at least six months before the expiration of the period prescribed in Subsection I(2)(a) for the termination of a
nonconforming use
or of a nonconforming feature of a conforming use
, and the Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of such value of the property which may be lost by reason of the required termination, such Board may grant such extension of the period prescribed as it shall be deemed to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed the period prescribed, and provided further that such extension may not be granted more than once for any use
.J.
Administration and enforcement.
(1)
Building permits.
(a)
No building or structure in any district shall be erected, placed on a lot or structurally altered, and no building or structure in an Landmark Overlay District shall be altered with respect to the design, arrangement, texture, nature or quality of material, color, detail or general appearance of a visible portion of any exterior facade thereof, without a building permit duly issued upon application to the
Building Safety Officer
, and then only in compliance and conformity with all the terms and conditions of such permit.(b)
Every application for a building permit shall be made on forms provided by the
Building Safety Officer
and shall be accompanied by such fee as may be prescribed from time to time. Except in the case of alterations of a building which do not increase the exterior size thereof, such application shall also be accompanied by two copies of a plot plan drawn to scale consisting of the following. [Where a site plan approval or a special permit is necessary, two copies of all maps and supporting documents shall be submitted; see § 405-26E(1) or 405-26E(2), respectively.][1]
A survey made by a licensed surveyor showing the actual shape, dimensions, radiuses, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated, if an existing building, except that in the event the structure to be erected is less than 500 square feet, the
Building Safety Officer
may waive the requirement that a survey made by a licensed surveyor be furnished, provided that the bounds of the lot are clearly defined on the site
. In such case, a plot plan shall be provided.[2]
The section, block and lot numbers as they appear on the official City Assessment Map.
[3]
The exact size, height and location on the lot of the proposed building or buildings or alteration of an existing building and the location on the lot of other existing buildings, if any, on the same lot.
[4]
The location, nature and dimensions of all yards, access driveways, off-street parking, planting and screening.
[5]
The minimum distance between the subject building and all property lines and other existing buildings on the same lot.
[6]
The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the buildings are designed to accommodate.
[7]
Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
(c)
No building permit shall be issued for a building to be used for any use in the district where such use is allowed by a special permit by the Planning Board unless and until the issuance of such permit has been duly authorized by said Board. In instances where site development plan approval is required, no building permit shall be granted until a final approval is secured. Where the property concerned is in a Landmark (L) District, no building, demolition or special permit shall be issued until the Historic Landmarks Preservation Commission shall have reported its findings, pursuant to § 405-26L hereof, with respect to whether the proposed work will adversely affect any Landmark (L) District or whether any building or special permit should be subject to specified conditions, in which case any building or special permit shall be explicitly made subject to such specified conditions. This provision shall exempt all in-kind restoration/rehabilitation work, pointing using historic color collection palettes, minor modifications or alterations to the exterior, signage when in compliance with the regulations herein, as determined by the Planning Administrator to be suitable for a determination of impact issued on an administrative level. No certificate of compliance or occupancy shall be issued until the conditions of the preservation permit and/or building permit have been met. In the event of an application for a building permit for demolition, the
Building Safety Officer
must notify the Historic Landmark Preservation Commission and must await its report before issuance of said demolition permit. Absent a report from the Commission within 14 days of notification, the Building Safety Officer
shall proceed as though Commission approval had been given.(d)
If a building permit is denied, the
Building Safety Officer
shall state in writing the reasons for such denial.(2)
Certificate of occupancy.
(a)
The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the
Building Safety Officer
:(b)
No certificate of occupancy shall be issued for any use of a building or of land allowed by special permit by the Planning Board as specified in § 405-26E(2) of this chapter unless and until the issuance of such special permit has been duly authorized by said Board. Every certificate of occupancy for which a special permit has been issued or in connection with which a variance has been granted by the Board of Appeals shall contain a detailed statement of such special permit or variance and of any conditions to which the same is subject.
(c)
Application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made on forms provided by the
Building Safety Officer
after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter or of any variance granted by the Board of Appeals or special permit issued by the Planning Board. Such certificate shall be issued within 10 days after receipt of said application, but only if all requirements of this chapter and of all other applicable ordinances or codes in effect are complied with.(d)
If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, a certificate of occupancy for the use of vacant land or for a change of use shall be issued by the
Building Safety Officer
within 10 days after receipt of a written application therefor.(e)
Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee in accordance with the Fee Schedule of the City of Kingston. Copies of such certificate will be made available upon payment of a fee to be prescribed by the Building Department.
(f)
Every certificate of occupancy shall state that the building or the proposed use of a building or land complies with all provisions of law, of this chapter, of all other applicable codes or ordinances of the City and, if applicable, with all provisions of any variance granted by the Board of Appeals or special permit issued by the Planning Board.
(g)
Upon written request by the owner, and upon payment of a fee in accordance with the Fee Schedule of the City of Kingston, the
Building Safety Officer
shall, after inspection, issue a certificate of occupancy for any building or use therefor or of land existing at the time of the adoption of this chapter or of any applicable amendment thereof, certifying such use (including, if applicable, the number of employees), whether or not the same and the building conforms to the provisions of this chapter.(h)
A record of all certificates of occupancy shall be kept in the office of the
Building Safety Officer
, and copies shall be furnished, on request, to any agency of the City or to any persons having a proprietary or tenancy interest in the building or land affected, upon payment of the required fee.(3)
Duties of
Building Safety Officer
and/or Zoning Enforcement Officer
.(a)
It shall be the duty of the duly appointed
Building Safety Officer
and/or Zoning Enforcement Officer
to enforce the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant thereto, literally.(b)
The
Building Safety Officer
and/or Zoning Enforcement Officer
shall have the right to enter any building or land at any reasonable hour in the course of their duties. The Building Safety Officer
and/or Zoning Enforcement Officer
shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy they have issued, which files and records shall be open to public inspection.(c)
Said
Building Safety Officer
and/or Zoning Enforcement Officer
shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent on each such complaint, which records shall be public records.(4)
Penalties for offenses.
(a)
A violation of any provisions of this chapter shall constitute the offense of nuisance. Any person who files any application or request for a certificate or permit and who willfully or knowingly makes any false statement therein or who, upon request for further information relating to such application or request, willfully or knowingly furnishes false information shall be deemed to have violated the section of this chapter relating to such application or request.
(b)
Following written notice, served by registered mail or by personal service, to the effect that a violation of any provisions of this chapter exists and that it must be rectified within a stated period of time established by the
Building Safety Officer
and/or Zoning Enforcement Officer
, the Building Safety Officer
and/or Zoning Enforcement Officer
may, if said violation has not been rectified within the stated period of time, issue an appearance ticket for City Court for said violation. For any and every such violation, the owner, general agent or contractor of a building or premises or part thereof where such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist shall, upon conviction, be subject to a penalty of not more than $500, unless otherwise provided for in this chapter, and/or imprisonment for a term not to exceed 30 days and, in addition, shall pay all costs and expenses incurred by the City in determining such violation. Each and every day that any such violation continues shall constitute a separate offense unless otherwise provided for in this chapter.(c)
Penalties shall be collected and violations of this chapter shall be prosecuted in the manner prescribed by law or ordinance effective in the City of Kingston.
(d)
Nothing in this chapter shall prevent any property owner or resident of the City, the City itself, any board or agency of the City or any persons residing on or owning property outside the City from availing themselves of any lawful remedy in preventing or abating any violation of any provision of this chapter. Whenever any person who engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, the Corporation Counsel may make application to any court having jurisdiction for an order granting the entry of a money judgment against the owner, general agent or contractor of a building or premises or a part thereof or the general agent, architect, builder, contractor or any other person who is convicted of a violation of this chapter for the penalty imposed and the costs and expenses incurred by the City in determining such violation and/or for an order enjoining such act or practice or requiring such person to remove the violation or directing the restoration entirely, or as nearly as may be practicable, of any improvement or any exterior architectural feature thereof or improvement parcel affected by or involved in such violation, and upon a showing that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction or restraining order or other appropriate order shall be granted without bond.
(e)
In addition to any criminal penalties available or imposed for violations of this chapter and any injunctive relief available or obtained to abate or restrain violations of this chapter, any person violating this chapter shall be liable for a civil penalty not to exceed $500, plus the cost of determining the violation for each violation. Each day that a condition which violates this chapter continues shall constitute a separate violation and subject the person violating this chapter to an additional civil penalty.
K.
Board of Appeals.
(1)
Purpose. A Zoning Board of Appeals shall be maintained and operate in accordance with Article 5-A of the New York State General City Law, §§ 81, 81-a, 81-b. The Zoning Board of Appeals shall have all of the authority, jurisdiction and duties granted to such Board by §§ 81, 81-a, 81-b of the New York State General City Law and any other applicable state law, and shall fulfill its duties in accordance with those grants of authority and in accordance with this zoning chapter.
(2)
Establishment and membership. Pursuant to § 81 of the New York State General City Law there is hereby established a Zoning Board of Appeals consisting of five members appointed by the Mayor. All members of the Zoning Board of Appeals shall be residents of the City of Kingston. The members of the Board serving at the time this chapter is passed shall continue in office as members of the Board hereby established.
(a)
The Mayor shall choose two of these members to serve one-year terms; two of these members to serve two-year terms; and one member to serve a three-year term.
(b)
The Mayor shall designate one of the Zoning Board of Appeals members as Chairperson to preside at all meetings and hearings and to fulfill the authorized duties of that office. In the absence of the Chairperson, the Zoning Board of Appeals may designate another member of the Zoning Board of Appeals to serve as Acting Chairperson. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such time as the Zoning Board of Appeals may determine. Such Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(c)
Pursuant to § 81, Subdivision 11(a), of the New York General City Law, alternate Zoning Board of Appeals member positions for the City of Kingston Zoning Board of Appeals are hereby established for use when a regular member cannot participate due to a conflict of interest. Under New York Municipal Home Rule Law, alternate Zoning Board of Appeals members shall also serve in place of a regular member who is absent. Alternate members shall be appointed by the Mayor.
[1]
The Mayor shall appoint up to three alternate Zoning Board of Appeals members.
[2]
The Chairperson shall designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Board, or by absence. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Zoning Board of Appeals. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made.
[3]
All provisions relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, compatibility of office and service on other boards, shall also apply to alternate members.
(d)
No person who is a member of the Common Council shall be eligible for membership on the Zoning Board of Appeals.
(3)
Terms of members now in office. Members now holding office for terms which do not expire at the end of a calendar year shall, upon the expiration of their term, hold office until the end of the year, and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board.
(4)
Training requirements.
(a)
Each member of the Zoning Board of Appeals and each alternate member shall complete a minimum of four hours of training each year, designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over into succeeding years in order to meet this requirement. Such training shall be approved by the Common Council and may include, but is not limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to electronic media, video, distance learning and traditional classroom training.
(b)
To be eligible for reappointment, a member or alternate member must have completed the training approved by the City.
(c)
The training requirement may be waived or modified by resolution of the Common Council when, in the Council's judgment, it is in the best interest of the City to do so.
(d)
No decision shall be voided or declared invalid because of a failure to comply with this requirement.
(5)
Vacancies. Members of the Zoning Board of Appeals shall continue to serve until a successor is appointed. In the event a vacancy occurs, other than by the expiration of a term, the Mayor shall appoint a new member for the remainder of the unexpired term.
(6)
Removal of members.
(a)
The Mayor shall have the power to remove any member or alternate member of the Zoning Board of Appeals for cause. Cause for removal of a member or alternate member may include one or more of the following:
(b)
Any person or persons jointly or severally aggrieved by any decision to remove for cause may apply to the Ulster County Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of a decision by the Mayor to remove.
(7)
Rules and operations.
(a)
The Zoning Board of Appeals will have the power to adopt, for its procedure and government, rules not inconsistent with law or ordinance.
(b)
Meetings.
[1]
Meetings of the Zoning Board of Appeals will be held at least once each month, except in the month of August, at fixed dates established at the first meeting held in the first month of January each year. Additional meetings may be held at the call of the Chair and at such other times as the Zoning Board of Appeals may determine.
[2]
Minutes of the Zoning Board of Appeals proceedings and documentation of findings for its decisions must be maintained in the office of the
Zoning Enforcement Officer
.[3]
The Mayor shall assign a secretary to the Zoning Board of Appeals to handle the clerical work for the Board and other duties pertaining to the functions of the Board.
[4]
The Corporation Counsel may advise and assist the Board at all meetings. The Board may call on other City departments for assistance in the performance of its duties, and it will be the duty of such other departments to render such assistance to the Board as may be reasonably required.
(8)
Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by § 81-b of Article 5-A of the New York State General City Law and by this chapter, which are more particularly specified as follows:
(a)
Orders, requirements, decisions, interpretations and determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the
Zoning Enforcement Officer
. To that end, the Zoning Board of Appeals shall have all the powers of the enforcement officer from whose order, requirement, decision, interpretation or determination the appeal is taken.(b)
Filing requirement. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the Zoning Board of Appeals shall be filed in the office of the City Clerk within five business days and shall be a public record.
(c)
Assistance to the Zoning Board of Appeals. Subject to § C13-3J of the Charter of the City of Kingston, the Zoning Board of Appeals shall have the authority to call upon any department, agency or employee of the City of Kingston for such assistance as shall be deemed necessary and as shall be authorized by the Mayor.
(d)
Filing of administrative decision and time of appeal.
[1]
Each order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of the zoning local law or ordinance shall be filed in the office of such administrative official within five business days from the day it is rendered, and shall be a public record. Alternately, the legislative body of the City may, by resolution, require that such filings instead be made in the City Clerk's office.
[2]
An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official, by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(e)
Public hearing. The Zoning Board of Appeals shall fix a reasonable time for hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the City of Kingston at least five days prior to the date of the hearing. The cost of sending or publishing the notice shall be borne by the appealing party and shall be paid to the Zoning Board of Appeals prior to the hearing of such appeal. Upon the hearing, any party may appear in person, or by agent or attorney.
[1]
Notice to Park Commission and County Planning Board or Agency or Regional Planning Council. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties; to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal; and to the County Planning Board or Agency or Regional Planning Council, as required by § 239-m of the General Municipal Law and § A7-7 of the Ulster County Administrative Code, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
[2]
In any application or appeal for a variance, the Clerk of the Zoning Board of Appeals shall provide written notice of the public hearing, along with the substance of the variance appeal or application, to the owners of all property abutting, or directly opposite, that of the property affected by the appeal; and to all other owners of property within 100 feet of the property which is subject of the appeal. Such notice shall be provided by certified mail at least five days prior to the date of the hearing.
(f)
Compliance with the State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.
(g)
Time to render decision. The Zoning Board of Appeals shall make its decision on the appeal within 62 days after the close of the public hearing. The time in which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Zoning Board of Appeals. In the event that a decision is not rendered within 62 days, absent an extension entered by mutual consent, the appeal will be deemed granted.
(h)
Voting requirements.
[1]
Decision of the Board. Except as in the case of a rehearing as set forth in § 405-26K(10) of this article, every motion or resolution of the Zoning Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Zoning Board of Appeals as fully constituted, regardless of vacancies or absences. Where an action is subject to referral to the County Planning Board, the provisions of § 239-m of the New York State General Municipal Law and § A7-7 of the Ulster County Administrative Code shall apply.
[2]
Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Zoning Board of Appeals is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement officer within the time allowed in Subsection I above, the appeal is denied. The Zoning Board of Appeals may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed being subject to the rehearing process, as set forth in § 405-26K(10) of this article.
(i)
Filing of decision. The decision shall be filed in the office of the City Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
(9)
Variances. The Zoning Board of Appeals is empowered to authorize, in accordance with General City Law § 81-b, Subdivisions 3 and 4, upon denial of a building permit, a variance from the terms of this chapter. In determining an application for a variance pursuant to the standards below, the applicant may introduce and the Board may consider evidence regarding the impact of the requested variance on the public interest where, owing to exceptional and extraordinary circumstances, there are practical difficulties or unnecessary hardships in the way of the carrying out of the strict letter of this chapter.
(a)
Use variances. The Zoning Board of Appeals, upon appeal from the decision or determination of the enforcement officer, shall have the power to grant use variances, authorizing a use of land which otherwise would not be allowed or would be prohibited by the terms of this chapter.
[1]
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under this zoning chapter for the particular district where the property is located:
[a]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
[b]
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.
[c]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[d]
The alleged hardship has not been self-created.
[2]
The Zoning Board of Appeals, in granting the use variance, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and, at the same time, preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.
(b)
Area variances. The Zoning Board of Appeals, upon appeal from the decision or determination of the enforcement officer, shall have the power to grant area variances.
[1]
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the area variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Zoning Board of Appeals shall also consider:
[a]
Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;
[b]
Whether the requested area variance is substantial;
[c]
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[d]
Whether the alleged difficulty was self-created. This consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[2]
The Zoning Board of Appeals, in granting of the area variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(c)
The Zoning Board of Appeals shall, in granting both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this zoning chapter and the Comprehensive Plan for the City of Kingston, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
(d)
Once granted, variances run with the land and, once granted, every subsequent owner of the property shall have the benefit thereof unless the Zoning Board of Appeals imposes time-based restrictions and/or conditions to the contrary.
(10)
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination not previously reheard may be made by any member of the Zoning Board of Appeals. A unanimous vote of all members of the Zoning Board of Appeals then present at the meeting is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original public hearing. Upon such rehearing, the Zoning Board of Appeals may reverse, modify or annul its original order, decision or determination. The vote must be unanimous of all the members of the Zoning Board of Appeals that are present at the meeting, provided that the Zoning Board of Appeals finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.
(11)
Proceedings.
(a)
The powers and duties of the Board of Appeals shall be exercised in accordance with its own rules of conduct and procedure, which rules shall be consistent with and pursuant to all the provisions of City law applicable thereto.
(b)
In addition, at least 10 days before the date of any public hearing, the Clerk of the Zoning Board of Appeals shall transmit to the Planning Office of the City of Kingston and, where the property concerned is in a Landmark Overlay District, to the Kingston Historic Landmark Preservation Commission, a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board or Historic Landmark Preservation Board may submit to the Zoning Board of Appeals an advisory opinion on said appeal or application at any time prior to the public hearing, and such opinion shall be made part of the official record thereof.
(c)
The Building Department shall give notice of a variance application or zoning change request by first-class mail at least 10 days prior to the public hearing to all properties contiguous and adjacent to the applicant's property. "Adjacent" shall be deemed to include the properties across any streets or roadways as if the street or roadway did not exist. A sign or signs will be posted on the applicant's property by the Building Department, at the expense of the owner/applicant, 10 days prior to the public hearing.
L.
Historic Landmarks Preservation Commission.
(1)
Creation and purpose. The Common Council ("Council") finds that there exists within the City of Kingston ("City") places, sites, structures, and buildings of historic, cultural, or architectural significance, antiquity, uniqueness of exterior design or construction, which should be conserved, protected, and preserved to maintain the architectural character of the City, to contribute to the aesthetic value of the City and to promote the general good, welfare, health and safety of the City and its residents. The Council hereby creates the "Historic Landmarks Preservation Commission of the City of Kingston" ("HLPC"). The purpose of the HLPC is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and use of buildings, structures, signs, features, improvements, sites, and areas within the City that reflect special elements of the City's historical, architectural, cultural, economic, or aesthetic heritage for the following reasons:
(a)
To foster public knowledge, understanding, and appreciation in the beauty and character of the City and in the accomplishments of its past.
(b)
To ensure the harmonious, orderly, and efficient growth and development of the City.
(c)
To enhance the visual character of the City by encouraging new design and construction that complements the City's historic buildings.
(d)
To protect and promote the economic benefits of historic preservation to the City, its inhabitants and visitors.
(e)
To protect property values in the City.
(f)
To promote and encourage continued private ownership and stewardship of historic structures.
(g)
To identify as early as possible and resolve conflicts between the preservation of historic landmarks/districts and alternative land uses.
(h)
To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.
(2)
Enabling authority. Pursuant to Article 5, § 96-a2; Article 5-G, Article 5-J and Article 5-K, § 119-dd of the General Municipal Law; Article 14 of the Parks, Recreation and Historic Preservation Law; and § 10 of the Municipal Home Rule Law; it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the cultural, economic and general welfare of the public.
(3)
Commission composition, appointment, terms, and compensation.
(a)
Membership. The HLPC shall consist of seven members. The City Historian shall serve the HLPC in an advisory capacity.
(b)
Appointments. Members of the HLPC shall be appointed by the Mayor. No person appointed to the Commission can also serve as a member of the City's Council or Zoning Board of Appeals.
(c)
Term of office. Terms of office shall be three years, which shall be so arranged that approximately 1/3 of the terms shall expire each year. Upon adoption of this article, present members shall serve until the expiration of their terms. Members of the HLPC may be reappointed for succeeding terms.
(d)
Qualifications. To the extent possible, HLPC members shall be required to have the following expertise:
[1]
One shall be a licensed practicing architect;
[2]
One shall be an owner of a City-designated building or an owner in a City historic district;
[3]
All others shall be residents of the City of Kingston and possess a demonstrated interest in and commitment to the field of historic preservation as evidenced by involvement in a local, state, or national historic preservation group; employment; education; historic property ownership, or volunteer activity in furtherance of historic preservation;
(e)
Vacancies. Vacancies occurring in the HLPC other than by expiration of term of office shall be filled by appointment of the Mayor. Any such appointment shall be for the unexpired portion of the term of the replaced member, and the appointment must be made in accordance with the criteria established above for original appointments.
(f)
Reappointment. Members of the HLPC may be reappointed for succeeding terms, providing that they continue to meet the criteria laid out in Subsection L(3)(d).
(g)
Compensation. Members shall serve without compensation.
(h)
Training and attendance requirements:
[1]
Each member of the HLPC shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Such training shall be approved by the Planning Director and may include, but not be limited to, training provided by a municipality, regional or county planning office or Commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training.
[2]
To be eligible for reappointment to the HLPC, a member shall have completed the training approved by the Planning Director.
[3]
No decision of the HLPC shall be voided or declared invalid because of a failure to comply with this subdivision.
(4)
Organization.
(a)
Chairperson; designation and duties.
(b)
Staff person: The City of Kingston's Planning Department shall employ a staff person to serve as the HLPC Secretary and Community Liaison.
(c)
Quorum: A simple majority shall be four HLPC members and shall constitute a quorum for the transaction of business.
(d)
Costs of operation; budget requests. The cost of the operation of the HLPC shall be funded by the City. The HLPC shall submit its budget request for appropriations to the Planning Director, annually, to be submitted to the Mayor, as part of the annual budget review process.
(5)
Records and annual report. The HLPC shall maintain a record, which shall be open to the public view, of its resolutions, proceedings, and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of the full HLPC shall constitute approval of plans before it for review or for the adoption of any resolution, motion, or other action of the HLPC. The HLPC shall make such recommendations to the Council as it deems necessary to carry out the purposes of this chapter.
(6)
Powers and duties.
(a)
The HLPC shall have the following powers and duties:
[1]
Review any local laws or regulations, including existing landmarks or historic preservation laws or regulations in the City, and recommend to the Council any changes and amendments thereto;
[2]
Recommend to the Council additional regulations to be adopted that may be necessary for the Commission to conduct its business, consistent with the scope and intent of this code;
[3]
Recommend to the Council specific criteria for regulations to be adopted that identify and catalogue significant historic landmarks, and from time to time advise it on suggested changes thereto;
[4]
Maintain an inventory of locally designated historic resources or districts within the City and publicize the inventory;
[5]
Recommend to the Council additional criteria to be adopted for use when evaluating applications for a certificate of appropriateness;
[6]
Recommend to the Council proposals for the acquisition of preservation easements or other interests in real property;
[7]
Report on matters referred to the HLPC by the Council. The Council may by resolution provide for the referral to the HLPC for a report on any matter or class of matters that impact the municipality's landmarks preservation laws, policies, regulations, or administrative processes before final action is taken thereon by the Council or other office of said City having final authority over said matter. The Council may further stipulate that final action thereon shall not be taken until the HLPC has submitted its report thereon, or has had a reasonable time, to be fixed by the Council in said resolution, to submit the report;
[8]
The HLPC may make such investigations and studies of matters relating to the protection, enhancement, perpetuation and restoration of landmarks as the HLPC may, from time to time, deem necessary or appropriate for the effectuation of the purpose of this article and may submit reports and recommendations as to such matters to the mayor and other agencies of the City government. In making such investigations and studies, the HLPC may hold such public hearings as it may deem necessary or appropriate.
(b)
Administrative reviews. In accordance with the regulations adopted by the Council for landmarks and historic preservation purposes, the HLPC shall:
[1]
Evaluate each application for a certificate of appropriateness; approve, approve with modifications, or deny any proposal for exterior changes to a designated individual landmark or property within a designated historic district resulting from any such application;
[2]
Evaluate each application for an economic hardship and; approve, approve with modifications, or deny any such application;
[3]
Evaluate each application for a certificate of appropriateness for demolition, removal or relocation and; approve, approve with modifications, or deny any such application;
[4]
Empower the HLPC staff to evaluate, without public hearing, each application for ordinary maintenance and repair of historic resources, properties or landmarks and; approve, approve with modifications, or deny any such applications;
[5]
Perform other functions that the Council may designate.
(c)
To recommend to the Council that it establish certain Individual Landmark, Interior Landmark, Scenic Landmark, or Landmark (L) Districts. A Landmark or Landmark (L) District may be or may include an exterior or publicly accessible interior and may include areas comprising all or a portion of:
(d)
At its discretion and with the property owner's consent, to cause to be prepared and placed upon or near any Landmark or Landmark (L) District a suitable plaque declaring that fact.
(7)
Landmark or Landmark District designation procedure.
(a)
The HLPC shall consider for a Landmark or Landmark District designation real property proposed by motion of any HLPC member or by owner of such property or by written request signed by 10 residents of the City of Kingston.
(b)
The criteria for the designation of landmarks shall particularly favor such designation where the proposed Landmark or Landmark District:
[1]
Individual Landmark. The criteria for the designation of landmarks shall particularly favor such designation where the proposed landmark meets one or more of the following:
[a]
Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community;
[b]
Is identified with historic personages or with important events in national, state or local history;
[c]
Embodies distinguishing characteristics of an architectural-type specimen, inherently valuable for a study of a period, style, method of construction or of indigenous materials or craftsmanship; or
[d]
Is representative of the notable work of a master builder, designer, or architect whose individual ability has been recognized.
[2]
Landmark District. The HLPC may delineate a group of properties within the City as an historic district if a majority of properties therein meets one or both of the following:
[a]
Contain properties which meet one or more of the criteria for designation as a landmark and which may have within its boundary's other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district; and
[b]
Constitute a unique section of the City by reason of possessing those qualities that would satisfy such criteria.
[3]
Interior Landmark. The HLPC may delineate the interior of a property as an interior landmark if such interior has special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the village, town, city, state, or nation and:
(c)
Recommendations for designation must be accompanied by historical and architectural information as is required by the HLPC to make an informed recommendation concerning the application, together with any fee set by the Council.
(d)
The boundaries of each landmark, interior landmark, scenic landmark, or historic district shall be specified in detail with reference to the Tax Map identification number and shall be filed, in writing, in the City Clerk's office and there made available for review by the public.
(e)
Ordinarily, properties that have been constructed within the past 50 years are not considered eligible for delineation under this landmark's preservation local law or local law adopted by the City governing board. However, such properties will qualify if they are:
(f)
The HLPC shall hold a public hearing to consider all proposals for the designation of any property as a landmark. The HLPC and any other interested parties may solicit expert testimony and offer other evidence relevant to the designation of the proposed landmark.
(g)
Notice of a proposed designation, including any amendment, shall be sent by the HLPC by regular mail or personal delivery to the last owner of record, as the names and addresses shall appear on the records of the Assessor of the City of Kingston, briefly describing the proposal for designations and the date, time and location of the public hearing by the HLPC to consider the proposed designation. The notice required hereunder shall be sent at least 14 days' prior to the public hearing. Once the HLPC has issued notice of a proposed designation, no building permits or demolition permits shall be issued by the building safety officer until the HLPC has made its decision.
(h)
The HLPC shall also cause notice of the proposed designation to be published at least once, at least 14 days' prior to the public hearing, in a newspaper having general circulation in the City of Kingston.
(i)
Following the public hearing, the HLPC shall forward to the Council and to the proper owners its recommendations concerning designation of a landmark or a Landmark District. The designation shall be effective upon ratisfication by the Common Council. Pending ratification, the proposed landmark or Landmark District shall have interim protection.
(8)
Demolition of a non-landmarked historic property and emergency designation.
(a)
Purpose. This Section establishes HLPC review procedures for non-landmarked historic properties for which demolition permits have been applied.
(b)
Applicability:
[1]
This section applies to the demolition of properties that are not designated local protected sites or contributing properties within a designated Preservation District but are listed in or have been determined eligible for the State or National Register of Historic Places or are enumerated as eligible for local designation in the City of Kingston's inventory of historic properties. This inventory may be amended to include additional historic properties. The inventory shall be filed in the office of the City Clerk and the Building Safety Division, and available for public review in the Planning Office.
[2]
Where the Director of Building Safety and Chief of the Fire Department have determined that a property presents an imminent danger or hazard to public health, safety and welfare, the following review procedure shall be considered waived.
(c)
Procedure:
[1]
The Building Safety Division shall forward to the HLPC and its staff any application for the partial or full demolition of a non-designated historic property.
[2]
Staff review. Staff shall review the application for a demolition permit and prepare a staff assessment for the HLPC. Staff shall notify the owner in writing that the HLPC will be reviewing the application and property.
[3]
Review and decision. The HLPC shall review the demolition of a non-landmarked historic property application as follows:
[a]
The HLPC shall evaluate the property according to the criteria for designation enumerated in § 405-26L(7)(a) through (b).
[b]
The HLPC shall determine the following:
[i]
If the HLPC deems a property ineligible for designation as a protected site or as a contributing property within a Preservation District, they shall submit its determination of ineligibility to the applicant and appropriate City department.
[ii]
If the HLPC deems a property eligible for designation as a local landmark or as part of a Landmark District, they shall submit its preliminary determination of eligibility in writing to the applicant/owners (if known) and Council together with notice of its finding of need for immediate designation of a landmark or Landmark (L) District. The HLPC shall also forward to the Building Safety Division copies of its finding of need for immediate designation, and, in that case, such recommendations shall be deemed to be in full force and effect, pending public hearing, HLPC recommendation and final action by the Council, and the Building Safety Officer shall perform their respective functions and duties as though the recommendations of the HLPC were adopted in their entirety by the Council. A designation by the HLPC on a finding of immediate need shall be effective from the date of mailing or personal delivery of the notice of designation to the owner of the property (if known) in the same manner as the notice requirements of Subsection L(8)(c) hereof and shall expire 120 days thereafter if the Council shall have failed to act within said period. The notice shall specify the recommendations of the HLPC, its reasons therefore and the right of appeal as contained in § 405-26L(14).
(9)
Landmarks and landmark (L) districts.
(a)
Legislative intent. The purpose of this section is to provide for the promotion of the educational, cultural, economic, and general welfare of the public through the protection, enhancement, perpetuation and preservation of landmarks and Landmark (L) Districts. The legislative body declares that it in the public interest to ensure that the distinctive landmarks and Landmark (L) District shall not be injuriously affected, that the value to the community of those buildings having architectural and historical worth shall not be impaired and that said districts be maintained and preserved to promote their use of the education, pleasure, and welfare of the citizens of the City of Kingston and others.
[1]
The Kingston Stockade Historic District consists of an area delineated on the City's Regulating Map and includes the site of the Stockade ordered built by Peter Stuyvesant (the last Director-General of the colony of New Netherland) in 1658 and which remained a protective fortification after the English gained control of the colony. The Stockade District was an integral area during two conflicts between the Dutch and the Esopus Lenni Lenape people, one in 1659 to 1660 and one in 1663 to 1664. In 1777, the State of New York held its first Constitutional Convention in the Stockade District's Senate House; later that year the British burned a majority of the Stockade, and other sites in Kingston. The Stockade contains architecture dating back to the 17th and 18th centuries including the corner of Crown and John Streets with four pre-Revolutionary stone houses, one on each corner of the intersection. Centrally located in the district is the Ulster County Court House, where in 1828, Sojourner Truth became the first black woman to win a court case to recover her son who was illegally sold into slavery in Alabama. In addition to the distinctive pre-Revolutionary stone houses, the district contains 19th Century Federal Period, Greek Revival, Italianate, Second Empire, and Queen Anne structures as well as the mid-19th century stone Old Dutch Church, a National Landmark.
[a]
The Kingston Stockade District represents a locally and nationally important heritage area relative to the Dutch and English Colonial periods and is delineated on the Regulating Map and is declared to be a Landmark District (and a Historic and Architectural Design Overlay District).
[b]
The Kingston Stockade District contains 300 years of architecture and cultural resources, and new development must not be allowed to erode the best of the architectural spaces and cultural organizations of the past.
[2]
The Rondout-West Strand Historic District consists of the area delineated on the City's Regulating Map. The Rondout-West Strand Historic District encompasses the area sloping down to and featuring the waterfront on Rondout Creek. The Rondout Village rapidly transformed from farmland into a thriving maritime community after the Delaware and Hudson Canal opened with its terminus here in 1828. By the mid-19th century, jobs on the canal, in boat manufacturers, shipping, brickmaking, cement manufacturing, and bluestone quarrying industries, drew immigrants with diverse backgrounds whose imprints remain visible throughout the district's structures. The Rondout-West Strand District contains a rich stock of commercial buildings, cast-iron storefronts, homes, and churches despite losses due to urban renewal in the 1960s. The Rondout-West Strand Historic District is important because it is the remaining vestige of the thriving port town that supported the economy of the area for close to 80 years. The local trading and industrial activities and the workers and businessmen who lived in this area changed Kingston from a small, rural community to a thriving transportation and industrial center for the mid-Hudson Valley. On a larger scale, because of its unique export products, Rondout was an equal to any of the commercial cities along the Hudson between Albany and New York City.
[3]
The Fair Street Historic District consists of the area delineated on the City's Regulating Map. By the mid-19th century, several affluent Kingstonians moved out of the Stockade District to establish grand homes in exclusive middle- and upper-class neighborhoods. The Fair Street Historic District represents this shift with a contiguous line of distinguished residences extending southeastward from the Stockade District to Henry Street. This tree-shaded historic district contains notable examples of Italianate, Second Empire, Queen Anne, and Colonial Revival architecture.
[4]
The Chestnut Street Historic District consists of the area delineated on the City's Regulating Map. The Chestnut Street Historic District contains a significant concentration of intact, fashionable residences which reflect the prosperity and taste of middle- and upper -class residents of 19th and early 20th-century Rondout and Kingston. The Chestnut Street Historic District's period of significance spans the period of ca. 1855 and 1919, which coincides with Kingston and Rondout's growth as a shipping and manufacturing center. This grouping of substantial frame and masonry residences represents the most intact collection of middle- and upper-class residences in Kingston and includes several exceptional illustrations of the mid-19th-centurty Hudson Valley picturesque taste in architectural design and placement of buildings in the landscape. The buildings in the historic district exhibit a wide range of styles popular during this period, including Italianate, French 2nd Empire, Queen Anne, Colonial Revival, and Tudor Revival styles, and one residence which illustrates the influence of the Arts and Crafts Movement; the historic district also contains one modest late 19th-century Gothic-style church. The Chestnut Street Historic District recalls Kingston and Rondout's period of prosperity as a major Hudson River port and manufacturing center.
(b)
Applicability and guidelines. This section shall apply to all buildings, structures, outbuildings, walls, fences, steps, topographical fixtures, earthworks, landscaping, paving and signs of a landmark or Landmark District. No changes in any exterior architectural feature, including but not limited to, construction, reconstruction, alteration, restoration, removal, demolition or painting, shall be made except as hereinafter provided. To assist in the conservation action, several specific guidelines are included:
[1]
Stockade steeple height restriction. Because of the visual importance of the Old Dutch Church steeple, no new structure may rise within the Stockade District above the base of the steeple, which is 62 feet above the curb level.
[2]
Landmark and Landmark District facade materials. Facade materials must conform with § 405-14A to K of the City's Zoning Code. The HLPC may require restoration and construction projects conform with the district's historical conditions and the Secretary of the Interior's Standards for the Treatment of Historic Properties.
[3]
Site design. Building setbacks must conform with the criteria laid out in Ch. 405, Article 3: Transect Standards and § 405-13A to B (frontage types) of the City's Form Based Zoning Code unless otherwise waived or modified as prescribed under the Code. The HLPC shall evaluate new construction in relation to the existing streetscape and provide recommendation to the agency reviewing any modification or waiver for new buildings to be set behind existing building lines to give emphasis to existing structures of historic or aesthetic merit or to allow for suitable landscaping. The new construction shall be compatible with the district in which it is located.
[4]
Landscaping and paving. Landscaping must conform with § 405-14K of the City's Form Based Code. The HLPC shall provide a recommendation to the agency reviewing any modification or waiver on requests under the requirements in § 405-14K that do not conform with existing or historical landscape features submitted in documentation to the HLPC. Landscaping may be required by the HLPC and is deemed an important element of site development.
[a]
Evergreen materials may be required for screen functions.
[b]
Recommendations may be made to the HLPC by a landscape architect or designer approved by the HLPC.
[c]
Bluestone shall be prescribed for sidewalks, with brick as a secondary material.
[d]
Maintenance of plant material shall be the responsibility of the owner, including responsibility to keep growth trimmed and trained, to meet the Code requirements.
[5]
Parking. Parking areas shall conform with § 405-16A to F of the City's Form Based Code. The HLPC shall provide recommendation to the agency reviewing any modification or waiver on requests under the requirements in § 405-16A to F that do not conform with existing or historical parking features submitted in documentation to the HLPC.
[6]
Maintenance. Preventive maintenance is required in order to assure that these buildings, spaces, elements and details are preserved. Deliberate neglect and/or lack of preventative maintenance that presents an issue of public safety or rapid deterioration of a structure shall be a violation of this article.
(10)
Review procedure for a certificate of appropriateness.
(a)
No person shall carry out any exterior or historically designated publicly visible interior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or property within a Landmark District nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the historic district without first obtaining a certificate of appropriateness from the HLPC and a notification to the applicant to obtain a building permit, if necessary. A certificate of appropriateness does not obviate the need for a building permit or any other permits from relevant agencies.
(b)
Review criteria. In making such determinations, the HLPC shall consider:
[1]
The effect of the proposed work in changing, destroying or affecting the exterior features of the landmark or Landmark (L) District upon which such work is to be done;
[2]
The relationship between the results of such work and the exterior architectural features of other neighboring improvements;
[3]
The factors of aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color;
[4]
The special character and aesthetic interest that any structure involved adds to the area; and
[5]
The difficulty or impossibility of reproducing any feature or structure involved because of its design, texture, material, position, or detail.
(c)
All applications shall be considered by the HLPC on at least the following points, these points to be used as a basis, where relevant, for establishing relationships to the external features of buildings in the immediate neighborhood: the building height in relation to surrounding buildings; the relationship to nearby roof shapes; the relationship between the width to height of the street-facing facade; the size, proportion and spacing of openings within the facade and elevations exposed to view; the rhythm of spacing of buildings and building elements on the street; the design and placement of entrances and projections; the relationships of materials, textures and colors; the relationship of architectural details; the continuity of walls; the relationship of landscape elements; the appropriateness of hardscaping; and the effect on existing or historically significant spaces.
(d)
It shall be the further duty of the HLPC to exercise judgment in accord with the basis of decisions stated herein and maintain the desirable character of the landmark or Landmark District and prevent construction, reconstruction, alteration or demolition out of harmony with existing buildings insofar as character, material, color, line and detail are concerned, and thus to prevent degeneration of property, to safeguard public health, promote safety and preserve the beauty of the character of the landmark or Landmark District.
(e)
It shall be the further duty of the HLPC to exercise judgement in accord with the guidance of the US Secretary of the Interior Standards for Rehabilitation, and/or the Secretary of the interiors other Standards when deemed necessary by the HLPC.
(11)
Certificate of appropriateness for changes to landmarks.
(a)
The certificate of appropriateness required by this section shall be in addition to, and not in lieu of, any building permit that may be required by any other ordinance of the City of Kingston, New York. In the event of overlapping reviews, the most restrictive review shall apply.
(b)
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for a certificate of appropriateness which shall be made, on forms prescribed, with supporting documentation to the HLPC and shall contain the following:
[1]
The name, address, telephone number and signature of the applicant.
[2]
The name, address, telephone number and signature of the owner.
[3]
The location and photographs of the building, structure, or land; the exterior architectural features which are proposed to be changed.
[4]
The plans and elevations of the proposed change.
[5]
A perspective or rendering, if required by the Commission.
[6]
Site plan or plot plan with north arrow, title, scale, legend, adjacent property owners.
[7]
Samples of colors or materials to be used in the proposed change.
[8]
Where the proposed change includes signs or lettering, all dimensions and colors, a description of materials to be used and the method of illumination, if any, and showing the location on the building or property.
[9]
Whatever additional information the HLPC deems necessary to evaluate the application.
[10]
The HLPC reserves the right to waive any of the above requirements if deemed unnecessary.
(c)
Prior to submitting a formal application, the applicant or their representative may meet with the HLPC and/or its staff to informally discuss plans for alterations of exterior features. To avoid unnecessary expense and delay, a sketch or schematic design for the construction, alteration or repair of any regulated activity may be presented to the HLPC. A preliminary design should show the relation to adjacent structures and spaces. The HLPC may advise or recommend alteration and changes to the application.
(d)
Procedure to be followed for a certificate of appropriateness.
[1]
Within a reasonable time after a completed formal application is filed with the HLPC, but in any event within 90 days after such filing or within such further time as the applicant may, in writing, allow; the HLPC shall conduct a public meeting to approve or deny the application or approve the application with modifications. Opportunity shall be provided to proponents and opponents to provide comments to the HLPC on each proposal under consideration.
[2]
All decisions of the HLPC shall be in writing. A copy shall be sent to the applicant and a copy filed with the City Clerk and Building Safety Division for public inspection. The HLPC decision shall state the reasons for denying or modifying any application. Approval to proceed will be documented by the issuance of a certificate of appropriateness. The conditions upon which the certificate of appropriateness is issued will be stated, in writing. During work upon any certificate of appropriateness issued by the HLPC. Compliance will be necessary to obtain a final Certification of occupancy or certificate of compliance from the Building Safety Division. The certificate of appropriateness shall be valid for one year. At all times during this term, the certificate of appropriateness shall be prominently posted in public view pursuant to local law governing building permit posting.
(e)
Inspection. If, upon inspection of work, the Building Safety Division determines that the work is not in conformity with the certificate of appropriateness, the Commission shall be notified. No certificate of occupancy or certificate of compliance shall be issued thereupon until the work is altered to be in conformity with an authorized certificate of appropriateness.
(12)
Hardship:
(a)
An applicant whose certificate of appropriateness for a proposed demolition or alteration has been denied must first appeal to the HLPC for relief on the grounds of hardship. To prove the existence of hardship, the applicant shall establish that:
[1]
The hardship shall not be self-inflicted;
[2]
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
[3]
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
[4]
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(b)
Hardship application procedure.
[1]
After receiving written notification from the HLPC of the denial or approval with modifications of a certificate of appropriateness, and no later than 60 days from the date of said notice, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the HLPC makes a finding that a hardship exists. The HLPC may hold a public hearing on the hardship application, at which an opportunity will be provided for the proponents and opponents of the application to present their views.
[2]
The applicant shall consult in good faith with the HLPC, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
[3]
All decisions of the HLPC shall be in writing. A copy shall be sent to the applicant and a copy filed with the City Clerk's office for public inspection. The HLPC decision shall state the reasons for granting or denying the hardship application.
[4]
In the event of the HLPC's denial based on hardship application, the applicant may appeal to the City of Kingston Zoning Board for review of said application, applying Landmark Ordinance criteria, as defined by § 405-26L(14) of this code.
(13)
Ordinary maintenance and repair requirement; demolition by neglect:
(a)
Ordinary maintenance; repair.
[1]
Nothing in this subsection shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a historic landmark or property within a historic district that does not involve a change in design, building materials, color, or outward appearance.
[2]
The Commission may evaluate and decide, without public hearing, whether proposed work constitutes ordinary maintenance and repair or requires a certificate of appropriateness.
(b)
Interiors. Every owner or person in charge of an improvement to an interior landmark shall keep in good repair:
(c)
Every owner or person in charge of a scenic landmark shall keep in good repair and safe condition, all portions thereof.
(d)
Demolition by neglect. In its review to determine that demolition by neglect is occurring and upon consultation with the Building Safety Division, the HLPC shall consider all the foregoing criteria and shall also attempt to confer with the owner or person in charge of the real property concerned. It shall also review any communication it shall receive which indicates that demolition by neglect is or may be occurring in any landmark or Landmark District. If the HLPC finds that such demolition is or may be taking place, it shall direct a letter to the Building Safety Division to notify the owner or person in charge of this finding, stating the reasons therefor and requesting that the owner or person in charge immediately take appropriate steps to cause such demolition to cease, and to confer with the HLPC in connection therewith. Should the owner or person in charge fail to satisfy the HLPC that all necessary steps are or will be promptly taken, the HLPC shall request the Building Safety Division to notify the Corporation Counsel of the City and request the consideration of the proceedings pursuant to § 405-26J(4)(d) hereof.
(e)
No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the HLPC, produce a detrimental effect upon the character of the property itself. Maintenance shall be required, consistent with the Property Maintenance Code of NYS, Fire Code of NYS, and Building Code of NYS and all other applicable local regulations. Examples of prohibited disrepair include, but are not limited to:
[1]
Deteriorated or crumbling exterior plasters, mortar, cementitious materials;
[2]
Deteriorated or inadequate foundation and facades;
[3]
Defective or deteriorated flooring or floor supports or any structural floor members of insufficient size to carry imposed loads with safety;
[4]
Deteriorated walls or other vertical structural supports that split, lean, list, buckle, or otherwise appear compromised;
[5]
Members of ceilings, roofs, ceiling and roofs and other associated structure which sag, split or buckle due to defective material or deterioration or are of insufficient size to carry imposed loads;
[6]
Ineffective or inadequate waterproofing of exterior walls, exterior chimneys, roofs, foundations or floors, including windows or doors, which may cause or tend to cause deterioration, decay or damage;
[7]
Defective or insufficient weather protection for roofs, foundation or exterior wall covering, including lack of paint or weathering due to lack of paints or sealants or other protective covering, which may cause or tend to cause deterioration, decay or damage;
[8]
Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety;
[9]
Any fault or defect in the building or structure which renders it not properly weathertight or otherwise compromises the life and character of the building or structure.
(14)
Enforcement.
(a)
All work performed pursuant to a certificate of appropriateness and/or building permit issued under this article shall conform to any requirements included therein. It shall be the duty of the Building Inspector to periodically inspect any such work to assure compliance with the certificate and all applicable law. In the event that the Building Inspector finds that work is not being performed pursuant to said certificate of appropriateness or building permit, it shall notify the owner or person in charge of this building, stating the reasons therefor and requesting that the owner or person in charge immediately take appropriate steps to conform to said certificate of appropriateness or building permit and to confer with the HLPC in connection therewith. Should the owner or person in charge fail to satisfy the HLPC that all necessary steps are or will be immediately taken, the HLPC shall request the Building Safety Division to take appropriate action.
(b)
Any owner or person in charge of a property who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this local law in the absence of a certificate of appropriateness a finding of economic hardship, or other approval by the HLPC, may be required by the HLPC to restore the property and its site to its appearance prior to the violation.
(c)
If, in the judgment of the HLPC, a violation of this code exists that will result in a detrimental effect upon the life and character of a designated historic resource, landmark, property or on the character of a historic district as a whole, the Commission shall notify the Building Inspector. If, upon investigation, the Building Inspector finds non-compliance with the requirements of the Property Maintenance Code of NYS, Fire Code of NYS, Building Code of NYS, Residential Code of NYS, and the Existing Building Code of NYS, or any other applicable law or regulation, the Building Inspector shall order such remedies as are necessary and consistent with this local code and shall provide written notice thereof to the Commission.
(d)
Similarly, should both a certificate of appropriateness and a building permit be issued, the Building Safety Officer shall have all powers conferred upon him pursuant to the Zoning Ordinance to enforce the certificate of appropriateness, including, but not limited to, stop-work orders.
(e)
Penalties. A violation of this subsection is deemed an offense punishable by a fine as determined by the Building Safety Division of the City of Kingston.
(15)
Appeals. Any party aggrieved by a hardship action of the Commission, as determined under § 405-26L(11), may, within 60 days of said hardship decision, file a written appeal to the City's Zoning Board of Appeals for review of the decision. If the party is denied by the Zoning Board of Appeals, then the aggrieved party may seek Article 78 appellate review which shall be based on the same record that was before the Commission and using the same criteria in the City Code.
M.
Amendments.
(1)
Authority to amend. This chapter or any part thereof, including the Zoning Map, may be amended, supplemented or repealed, from time to time, by the Common Council, pursuant to statute. Such amendment may be initiated in one of the following ways:
(a)
By the Common Council on its own motion.
(b)
By adoption by the Planning Board of a resolution proposing an amendment to the Common Council.
(c)
By the filing of a petition in accord with the requirements set forth in § 405-26M(2) below.
(2)
Procedures for petitions.
(a)
Form of petition. All petitions for amendment shall be presented to the City Clerk for referral to the Common Council at the next regular meeting of said Common Council. A petition for amendment shall contain information describing the nature of the proposed amendment, a description of the land or district affected and any other information or material pertinent to the determination of the matter. The City Clerk may prescribe forms for the filing of said petitions. Each petition for amendment shall be accompanied by a fee in accordance with the Fee Schedule established by the Common Council, payable to the City Comptroller.
(b)
Resubmittal of petition. If an amendment is disapproved by the Common Council, no petition for essentially the same amendment shall be considered within a period of one year from and after the date of such disapproval.
(c)
Withdrawal of petition. Any petition for amendment may be withdrawn at any time by the filing of a verified petition of withdrawal signed by not less than a majority of the number of persons who signed the original petition. Any petition for amendment withdrawn by the petitioner subsequent to notice of public hearing shall preclude consideration of substantially the same amendment for a period of one year from and after the date said petition for withdrawal is filed with the City Clerk.
(3)
Required actions on petitions.
(a)
Petition for resolution. Whenever the owners of 50% or more of the frontage in any district or part thereof shall present a petition duly signed and acknowledged to the Common Council requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Common Council to vote upon said petition within 90 days after the filing of the same by the petitioners with the City Clerk.
(b)
Protest petition. If a protest against a proposed amendment, supplement or repeal is presented to the Common Council, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed change, or by the owners of 20% or more of the area of land immediately adjacent, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least 3/4 of the Common Council.
(c)
Planning Board proposal. It shall be the duty of the Common Council to vote upon such amendment, supplement, change or repeal, as proposed by the Planning Board, within 90 days from the date the proposal is received by the Common Council.
(4)
Referrals.
(a)
Referral to the Planning Board.
[1]
Procedure. All proposed amendments originated by petition or by motion of the Common Council shall be referred by the Common Council to the Planning Board for a report and recommendations thereon. If the Planning Board shall not have made its final report thereon within 45 days of reference thereto, the Common Council may proceed to final action.
[2]
Planning Board report. In preparing a report on a proposed amendment, the Planning Board shall consider the following:
[a]
Whether such change is consistent with the objectives and purposes of the district(s) to be affected.
[b]
The nature and location of uses and buildings to be affected and the manner in which they will be affected.
[c]
Whether uses permitted by the proposed change will be appropriate in the affected area(s).
[d]
The affect of the change on existing or proposed public facilities and services, such as schools, streets, utilities, etc.
[3]
Effect of negative report. Should the Planning Board object to the proposed amendment or change, it shall not become effective except by the favorable vote of a majority plus one of all members of the Common Council.
(b)
Referral to the Historic Landmarks Preservation Commission. Any proposed amendment which might affect any property in an L Landmark Overlay District or the activities of the Historic Landmarks Preservation Commission shall be referred by the Common Council to said Commission for a report and recommendations thereon. If the Commission shall not have made its report thereon within 45 days of reference thereto, the Common Council may proceed to final action.
(c)
Referral to the County Planning Board.
[1]
Matters to be referred. Any change in the district classification of, or the regulations applying to, real property lying within a distance of 500 feet of the following shall be referred to the Ulster County Planning Board prior to final action, in accord with §§ 239-l and 239-m of the General Municipal Law.
[a]
The boundary of any other municipality (also requires referral to adjoining municipality).
[b]
The boundary of any existing or proposed county or state park or other recreation area.
[c]
The
right-of-way
of any existing or proposed county or state road, parkway or other controlled-access highway.[d]
The existing or proposed
right-of-way
of any stream or drainage channel owned by the county for which the county has established channel lines.[e]
The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
[2]
County Planning Board recommendation. If the Ulster County Planning Board fails to report its recommendation within 30 days after receipt of a full statement of such referred material, the Common Council shall construe such inaction as approval of the proposed zoning action and may act without such a report.
[3]
Effect of negative report. If the Ulster County Planning Board disapproves the proposed amendment or recommends modification thereof, the proposed amendment shall not become effective except by a vote of a majority plus one of all members of the Common Council and after the adoption of a resolution fully setting forth the reasons for such action.
(5)
Public hearing.
(a)
The Laws and Rules Committee of the Common Council shall conduct a public hearing on all proposed amendments as provided by § 83 of the General City Law. The City Clerk shall cause notice of such hearing to be published in the official newspaper of the City, which shall specify the nature of any proposed amendment, the land or district affected, and the date and place of the public hearing. Each applicant or their authorized representative, upon written notification, shall be present at any meetings and public hearings concerning determination of the application.
(b)
If the proposed amendment is an amendment to the Zoning Map, the City Clerk shall cause notice of such hearing to be mailed to the property owners of each property located within the area proposed to be rezoned and to the property owners of each parcel contiguous to the area proposed to be rezoned. For purposes of this section "contiguous" shall be read to include properties on the opposite side of any street, abutting, or included within the area to be rezoned.
(6)
Distribution of copies of decision. Upon approval of any amendment by the Common Council, copies thereof shall be transmitted by the City Clerk to the Planning Board, the Historic Landmarks Preservation Commission, the Zoning Board of Appeals and the Ulster County Planning Board.
N.
Interpretation.
(1)
Interpretation of provisions.
(a)
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises or requires larger open spaces than are imposed or required by any other statute, ordinance, rule, regulation or permit or by any easement or agreement, the provisions of this chapter shall control.
(b)
In the event of a conflict in the terminology of any section or part thereof of this chapter, the more restrictive provisions shall control.
O.
Validity and effect.
(1)
Validity.
(a)
Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. The Common Council hereby declares that it would have passed this chapter and each section and subsection thereof, irrespective of the fact that any one or more parts, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
(b)
Should this chapter in its entirety be decided by the courts to be unconstitutional or invalid, the Zoning Ordinance of the City of Kingston, adopted on November 12, 1963, with its amendments, shall be deemed to have remained in effect.
(2)
When effective. This chapter shall take effect immediately.