Committee forwards form-based code edits including rec fee change and reduced first-floor heights; accessory building rule debated

The Laws & Rules Committee on May 21 voted to forward to the Common Council a package of targeted edits to Kingston’s form-based zoning code that streamline the parks and recreation fee process and change several dimensional standards, including lower first-floor height requirements for most transect districts.

Bartek (presenter identified as a staff member in the record) told the committee the City had already referred these proposed amendments under Common Council resolution 54 of 2025 to the Kingston Planning Board, the Historic Landmarks Preservation Commission and the Ulster County Planning Board and had set a public hearing. He said the edits are intended to fix inconsistencies in the code adopted in 02/2023, to better organize language and to amend provisions that were overlooked during drafting.

The two main changes highlighted in the amendments were: replacing a process in which the Planning Board made parkland findings with a simpler approach that requires applicable site plans to pay a recreation fee so applicants have clarity on expected costs; and lowering first-floor height requirements for most transect districts because the prior minimums were “tough to reach and expensive” and out of context for much of the city. The presenter noted permanently affordable units remain excluded from the recreation fee calculation under the drafted language.

Committee members pressed one planning-board comment that had not been adopted in the package: the Planning Board suggested new language that would require new accessory buildings be located behind or to the side of a property’s principal façade, rather than allowing accessory structures in a large front yard. Staff explained that the zoning working group had considered and previously rejected that restriction to avoid overly limiting infill housing and that Dover Kohl (the consultant team) had also chosen to leave the code as originally drafted. Committee members discussed tradeoffs: some said requiring a variance for front-yard accessory dwelling units (ADUs) would trigger neighbor notification and safeguard street character; others said the change could undermine code goals to increase density and walkability. Several members recommended the zoning implementation working group return with a focused recommendation on accessory building placement rather than inserting the change into this package.

Committee members also asked detailed questions about parking and accessibility standards; staff referred to ADA/accessible parking ratios that apply when on-site parking is provided and noted those details are in design guidance. The committee recorded a motion to move the ordinance amending Chapter 405 of the Kingston form-based zoning code forward, seconded and approved; the vote was recorded as 5-0.

The committee noted that when the zoning working group completes additional review on accessory buildings and ADU placement, it will forward that recommendation to the Common Council for future consideration.