As used in this chapter (and identified by
small capitals
throughout the code), the following terms and
phrases shall have the meanings indicated:
ACCESSORY BUILDING/STRUCTURE
Any structure that is related to or in conjunction with the
primary structure or
use
on a
lot
, such as patios, sheds or pools.
ACCESSORY DWELLING UNIT (ADU)
Also referred to as "accessory apartments" or "granny flats,"
accessory dwelling units
(ADUs) are additional
living quarters that are independent of the primary
dwelling unit
. The separate living spaces are
equipped with kitchen and bathroom facilities and can be either attached
or detached from the
principal building
. ADUs are accessory uses to a primary
dwelling
unit
. See §
405-18.
ADULT USES (use)
Any business that provides for the sale of sexually oriented goods, services, and entertainment in which the establishment is not customarily open to the general public, but excludes minors by reason of age. See §
405-21G.
AFFORDABLE HOUSING UNIT
A for rental or home ownership
dwelling
unit
that is affordable to households earning no more than 80%
of the area median income; the definition of area median income is
updated and published by the United States Department of Housing and
Urban Development.
Affordable housing units
are further defined in §
405-19.
AGRICULTURE (use)
Facilities associated with the growing of produce, animal
husbandry, silviculture, and aquaculture on parcels two acres or larger
intended for a regional market. Examples: greenhouses, farms, truck
gardens, and other similar uses.
ALLEY
A narrow service way providing a secondary public means of
access to abutting properties.
ANIMAL BOARDING (use)
A commercial facility for the keeping, boarding, and maintaining of five or more animals, including pet day care. See §
405-21H.
ANIMAL SERVICES
An establishment used by a veterinarian where animals are
treated.
ATTIC
The interior space at the top of a
building
under the roof. An
attic
under a flat roof contains nonhabitable space. An
attic
within a pitched roof structure may contain
habitable space
as permitted by local and state building code and the building height standards in Article
4.
AUTO-ORIENTED SERVICES (use)
Any business that provides auto-related services and is developed in an auto-oriented manner, particularly uses that include on-site vehicle storage or drive-through facilities. See §
405-21I. Examples: gas stations, auto repair shops, new and used car sales and rentals, drive-through restaurants, and car washes.
BASEMENT
A story in a
building
, the average
structural ceiling level of which is four feet or more above the average
level of finished grade where such grade abuts the exterior wall of
such
building
and the floor level of which
is below finished grade at any point on the periphery of the
building
. A
basement
may contain
habitable space
as permitted
by local and state building codes.
BED-AND-BREAKFAST
A residential establishment where not more than five rooms are rented to transient nonpermanent guests, on a short-term basis, with staff or the owner-operator on the premises to check in guests and be available for support services. At least one prepared meal is made available to guests. See §
405-21D.
BILLBOARD
A
sign
which directs attention
to a business, commodity, service or entertainment conducted, sold
or offered elsewhere than upon the
lot
on which such
sign
is situated.
BLOCK
The aggregate of private
lots
, passages and
alleys
, circumscribed
by
streets
or public spaces.
BOARDINGHOUSE
A
building
where 10 or fewer
sleeping rooms without separate kitchen facilities are used by transient,
nonpermanent lodgers for compensation. Rooms in a
boardinghouse
are intended to be occupied by individuals who may share common areas and facilities, but do not form a single housekeeping unit, and do not provide compensation under a single lease. If there are more than 10 sleeping rooms, such building shall be considered a hotel. See §
405-21E.
BUILD-TO ZONE (BTZ)
The range of allowable distances from the front
property line
along which the principal vertical
plane of the building's primary facade shall be built in order to
create a moderately uniform line of buildings along the
street
.
BUILDABLE AREA
The area in which a
building
is
permitted to be constructed.
BUILDING
A structure consisting of one or more foundations, floors,
walls, and roofs that surround an interior space, and may include
exterior appurtenant structures, such as
porches
and decks.
BUILDING AREA
The total square footage of interior floor areas measured
on a horizontal plane at the main grade level of the
principal building
and all
accessory buildings
, exclusive of uncovered
porches
, terraces and steps.
BUILDING FOOTPRINT
The gross floor area of an individual structure measured
to the furthest exterior wall face at the ground floor.
BUILDING SAFETY OFFICER
An officer appointed by the Mayor of the City of Kingston
to direct the Building Department and who is authorized to enforce
provisions of the Building Code and Zoning Code.
CARRIAGE HOUSE
An accessory structure typically located at the rear of a
lot, typically providing either a small residential unit, home office
space, or other small commercial or service use that may be above
a garage or at ground level.
CELLAR
Any space in a
building
, the
average structural ceiling level of which is less than four feet above
the average finished grade where such grade abuts that exterior wall
of such
building
which fronts on any
street
. A
cellar
may contain
habitable space
.
CIVIC USE
A
use
that is open to the public
at least some of the time and provides a focal point for community
interaction and fosters citizen participation in civic activities,
including churches, temples, synagogues, mosques, and other religious
facilities; lodges; college or university facilities; exhibition halls
and art galleries; grade schools; library; meeting halls; museum or
similar facilities; performance theaters; post office; firehouse;
public administration offices; trade or specialty school facilities;
or similar uses.
CONTEXTUAL BUILD-TO ZONE (CONTEXTUAL BTZ)
A type of
build-to zone
that
is measured as the range between the smallest and largest existing
setback
of
buildings
that are on adjacent
lots
, that are
oriented to the same street as, and within 100 feet of the subject
lot
.
CORNICE
Projecting horizontal decorative molding along the top of
a wall or
building
.
COTTAGE COURT
A series of small, detached structures on a common
lot
providing multiple units arranged to define
a shared court that is typically perpendicular to the
street
. The shared court takes the place of
a private rear yard and becomes an important community-enhancing element.
CULTURAL INSTITUTION (use)
A public or private establishment that supports broad public
enjoyment of and access to scientific, cultural, fine, and performing
arts. Examples: libraries, museums, observatories, theaters, aquariums,
stadiums, amphitheaters, and other similar uses.
DEVIATION
A proposed practice departing from an adopted standard.
Deviations
may come in the form of a
minor waiver
,
major waiver
, or variance.
DISCONTINUANCE
Any cessation of a
nonconforming use
, whether such cessation is voluntary or involuntary, active or passive,
and irrespective of the circumstances giving rise to such cessation
or the reasons therefor.
DRIVE-THROUGH SERVICES
A facility that dispenses goods through an attendant window
or automated machine to persons remaining in vehicles in a designated
drive aisle.
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation. Examples: single detached
house, duplex, small multiplex, apartment, etc.
EATING/DRINKING ESTABLISHMENT (use)
An establishment where prepared food and alcoholic or nonalcoholic
beverages are offered for sale to the public. Examples: restaurants,
bakeries, cafes, food trucks, bars, taverns, breweries, taprooms,
and other similar uses.
EDUCATION (use)
Public or private educational facilities that provide access
to day care, preschool, primary, secondary, or post-secondary education.
EMERGENCY SHELTER
A facility whose primary purpose is to provide a temporary
shelter for unhoused populations in general, or for specific populations
of the unhoused, and which does not require occupants to sign leases
or occupancy agreements. Emergency shelters may include day and warming
centers that do not provide overnight housing.
ENCROACHMENT
A structural or architectural element that breaks the plane
of a vertical or horizontal regulatory limit extending into a
setback
, into the
public
frontage
, or into the
right-of-way
.
EXPRESSION LINE
A horizontal line, expressed by a material change or by a
continuous projection not less than two inches deep.
FACADE
The exterior wall of a
building
.
FACADE TRANSPARENCY
The proportional amount of transparent window glass or other
openings in the
facade
of a
building
, relative to the overall surface area
of the
facade
.
FIRST STORY
The ground or lowest
story
of
a
building
entirely above the level of
the ground around the
building
.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of the
building
or
buildings
, measured from the interior faces of exterior walls
or from the center line of walls separating two
dwelling units
.
A.
In particular, the
floor area
of
a
building
or
buildings
shall include:
(2)
Elevator shafts and stairwells at each floor.
(3)
Floor space for mechanical equipment.
(5)
Attic
space (whether or not a floor
has actually been laid) providing structural headroom of seven feet
six inches or more.
(6)
Interior balconies and mezzanines.
(8)
Accessory uses
, not including space
for accessory off-street parking.
B.
However, the
floor area
of a
building
shall not include:
(1)
Cellar
space, except that
cellar
space used for retailing shall be included
for the purpose of calculating requirements for accessory off-street
parking spaces and accessory off-street loading berths.
(2)
Elevator and stair bulkheads, accessory water tanks and cooling
towers.
(4)
Terraces, breezeways and
open spaces
.
(5)
Accessory off-street parking spaces.
FRONTAGE
The area between a building
facade
and the vehicular lanes or pedestrian-only
street
, inclusive of its built and planted components.
FRONTAGE ELEMENTS
The structural and architectural elements which extend outward
from the
facade
of a
building
along
frontages
, including
awnings
, canopies, galleries,
porches
and stoops, and which do not count
as an extension of the
facade
itself for
the purposes of measuring
setbacks
and
build-to zone
.
FRONTAGE OCCUPANCY
The minimum percentage of the
lot width
which must be occupied by the
principal building(s)
primary facade
within the
build-to zone
. For example, a property which is 100 feet wide with a
frontage occupancy
of 60% would require that
at least 60 feet of facade length be maintained in the
build-to zone
. Any additional length of front
facade would be allowed to step back further from the
build-to zone
, if desired. The intent of this
requirement is to encourage development to maximize their front facade
exposure along a
street
or
open space
.
GARDEN WALL
A wall constructed of masonry, iron, steel, or other materials described in §
405-14I, no greater than 48 inches in height that defines the
frontage line
and/or
the perimeter of a property, dividing private areas from
streets
, rear lanes, or adjacent
lots
.
GENERAL COMMERCIAL (use)
A broad range of commercial uses and services. Examples:
arcades, laundromats, retail stores, salons, shopping centers, outdoor
markets, performing and visual art studios. Adult entertainment, animal
boarding facilities, and auto-oriented services, such as car sales,
servicing, car rental, car washes, drive-through windows, and other
similar uses are permitted within limits described by Transect Zone.
GENERAL OFFICE (use)
A broad range of office-based commercial, financial, medical,
and other business and professional service uses. Examples: professional
services, such as doctors, lawyers, banks, and other similar uses.
GRADE, FINISHED
The natural surface of the ground or the surface of the ground
after completion of any change in contour.
GROUND FINISHED FLOOR
Required height difference between the finished floor on
the
first story
and the adjacent public
walk. Regulations for ground finished floor for residential uses do
not apply to ground floor lobbies and common areas in multi-unit buildings.
HABITABLE SPACE
Space in a structure for human activity, including living,
sleeping, eating, cooking, working, shopping, or bathroom facilities
as defined by the Property Maintenance Code of New York State.
Habitable space
excludes parking garages, self-service
storage facilities, warehouses, display windows separated from retail
activity, closets, halls, storage or utility spaces, and similar areas.
HEALTH CARE SERVICES (use)
Establishments that provide a variety of health services
to a local or regional customer base. Examples: hospitals, clinics,
family/adult care facilities, assisted living facilities, nursing
homes, and other similar uses.
HEAVY INDUSTRIAL (use)
Uses
that involve the manufacturing,
warehousing, staging, or otherwise processing of explosive, noxious,
or other hazardous materials and/or have a significant impact on adjacent
properties via excessive noise, smell, pollutants, or other similar
externalities.
HISTORIC PRESERVATION
The following series of definitions relate to historic districts
and landmark preservation:
A.
COMMISSIONThe Historic District and Landmark Preservation Commission of the City of Kingston.
B.
EXTERIOR ARCHITECTURAL FEATURE or EXTERIOR FEATUREThe architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from interior surfaces, including, but not limited to, the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs, other fixtures and plantings appurtenant to such improvement.
C.
LANDMARK OR HISTORIC DISTRICTAny area which contains places,
sites
, structures or
buildings
which have a special character and
ambience or historical value or aesthetic interest and which represents
one or more periods or styles of architecture of an era of history,
which cause such area to constitute a distinct section of the City
and is so designated by the Common Council under the provisions of
this chapter.
D.
LANDMARKAny place, structure or
building
of historical value or aesthetic interest by reason
of its antiquity or uniqueness of architectural design or as part
of the development, heritage or cultural characteristics of the City,
county, state or nation, so designated by the Common Council under
the provisions of this chapter.
E.
LANDMARK AND HISTORIC DISTRICT MAPA map to be prepared and maintained by the Planning Department identifying the location of all landmarks,
landmark sites
and historic
districts.
F.
LANDMARK SITEA parcel or part thereof upon which is situated a landmark and any abutting parcel or part thereof constituting part of the premises on which the landmark is situated.
HOME OCCUPATION
Any
use
customarily conducted
entirely within a dwelling and carried on by the resident thereof,
which
use
is clearly incidental and secondary
to the
use
of the dwelling for dwelling purposes. See §
405-21C.
LIGHT INDUSTRIAL (use)
Industrial operations that are limited in their impact to
adjacent properties via noise, smell, pollutants, or other similar
externalities. Examples: contractor storage/staging, artisanal manufacturing,
set building/film production, printing, outdoor storage, research
and development facilities. The following words and phrases shall
have the meanings respectively ascribed to them herein as they relate
to
light industrial
regulations:
A.
ARTISANAL MANUFACTURING/INDUSTRY WITH COMMUNITY FOCUSA light industrial establishment (such as small-scale craft production/assembly of custom goods, film production studio, or other similar uses) that has limited or no impacts on adjacent properties and includes on-site retail or shopfront areas, event spaces, or other entertainment destinations that are intended to be used or patronized by the general public.
LINER BUILDING
A
building
specifically designed
to mask a parking lot or a parking structure from a
frontage
.
LIVE-WORK UNIT
A mixed-use residential unit that is allowed to house a flexible
combination of limited commercial functions and the primary residential
function. The commercial function may be anywhere in the unit. It
is intended to be occupied by a business operator or employee who
lives in the same structure that contains the commercial activity
or industry.
LOADING SPACE
An unobstructed, suitably surfaced area, no part of which
is located on any
street
or public
right-of-way
, the
principal
use
of which is to accommodate trucks while loading and unloading.
LODGING (use)
A
building
or portion of it where
more than five rooms are rented to transient, nonpermanent guests,
on a short-term basis. Examples: hotels, motels, inns, motor courts,
and other similar uses.
LOT
A parcel of land having specific boundaries and recorded
as such in a deed or subdivision plat.
LOT COVERAGE
The portion of a
lot
, expressed
as a percentage, which may be occupied by a
principal building
and
accessory structures
, as well as sidewalks, patios, parking and loading areas, driveways,
and other impermeable or man-made surfaces.
LOT LINE, FRONT
The
lot line
dividing a
lot
from a
street right-of-way
. On a corner
lot
only one
lot line
shall be considered as a
front lot line
, where it is the
lot line
along the higher priority
street
on the street hierarchy. (Synonym:
"primary frontage line
.")
LOT LINE, REAR
The
lot line
opposite the
front lot line
. In case of an irregular, triangular
or gore-shaped
lot
, it shall mean a line
within the
lot
, 10 feet long, parallel
to and at the maximum distance from the
front
lot line
.
LOT LINE, SIDE
Any
lot line
which is not a
front lot line
or
rear
lot line
.
LOT WIDTH
The length of the
front lot line
of a
lot
.
MAJOR WAIVER
Permit consideration of a proposed practice that is not consistent
with a specific provision of this chapter.
Major
waivers
shall meet the general intent of this chapter and Transect
Zone in which the property is located, will result in an improved
project which will be an attractive and durable contribution to the
Transect Zone, and will not prevent the realization of the overall
intent of the Transect Zone.
Major waivers
must be tied to a
site plan
, will be
considered unique to the particular
site plan
, and will not set a precedent for others.
Major waivers
are approved by the Planning Board upon recommendation
by City staff.
MANUFACTURED HOME
A
dwelling unit
built off-site
under HUD building codes and transported in one or more sections on
a permanent chassis and assembled on-site.
MEDIUM INDUSTRIAL (use)
Industrial operations that have a moderate impact on adjacent
properties via noise, smell, pollutants, or other similar externalities.
Examples: manufacturing, assembly operations, shipyards, truck and
freight terminals, and other similar uses.
MEETING FACILITIES (use)
A public or private establishment that hosts gatherings of
people on a regular basis, except for places of worship. Examples:
community centers, assembly halls, bingo halls, membership clubs,
recreation facilities, and other similar uses.
MINOR SITE PLAN
Development of land less than two acres in size, consisting
of one to two
lots
, and that does not
exceed Type II thresholds.
MINOR WAIVER
Permit consideration of a proposed practice that is not consistent
with a specific provision of this chapter, but justified by meeting
the intent of this chapter or by a non-self-imposed hardship.
Minor waivers
must be tied to a
site plan
, will be considered unique to the
particular
site plan
, and will not set
a precedent for others.
Minor waivers
are
approved administratively by the
Planning Administrator
.
MOBILE HOME
A
dwelling unit
built off-site
and placed on a single permanent chassis with wheels.
MODULAR HOME
A
dwelling unit
built off-site
under state and local building codes without a permanent chassis and
assembled on-site.
MULTIPLE MINOR WAIVERS
Permit consideration of multiple proposed practices that
are not consistent with specific provisions of this chapter, but are
justified by meeting the intent of this chapter or by a non-self-imposed
hardship. If the proposed practices holistically result in a project
that is not meeting the intent of this chapter, then the
site plan
will follow the
major waiver
process for review and approval.
MULTIPLEX
A medium-to-large sized structure that consists of seven
to 18 side-by-side and/or stacked
dwelling units
, typically with one shared entry. This type is appropriately scaled
to fit within medium-density neighborhoods such as T4N and T5N Zones.
MULTIPLEX: SMALL
A medium-sized structure that typically consists of three
to six side-by-side and/or stacked
dwelling
units
typically with one shared entry or individual entries
along the front. The small multiplex has the appearance of a medium-sized
family home and is appropriately scaled to fit within T3, T4, and
similar
walkable
neighborhood districts.
NEIGHBORHOOD BUSINESS
A small-format commercial or mixed-use building that provides a retail or service commerce use designed to serve residents of the surrounding neighborhood with day-to-day, recurring needs, on the ground floor; residential or office uses may be located on an upper floor. See §§
405-12L and
405-21F.
NONCONFORMING BUILDING
A
building
which contains a
use
permitted in the district in which it is
located, but which does not comply with one or more district regulations
regarding
lot
area, width or depth; front,
side or rear yards; or maximum height or
lot
coverage
, but which lawfully existed prior to the enactment
of this chapter, or any revision or amendment thereto.
NONCONFORMING LOT OF RECORD
A
lot
of record which does not
comply with
lot
area or dimension requirements
for any permitted
use
in the district
in which it is located, but which lawfully existed prior to the enactment
of this chapter, or any revision or amendment thereto.
NONCONFORMING SIGN
Any
sign
lawfully existing prior
to the date of enactment of any provision of this chapter, or any
amendment thereto, which it does not conform.
NONCONFORMING USE
A
use
, whether of a
building
or land, or both, which does not conform
to the regulations regarding permitted
uses
as set forth in this chapter for the district in which it is situated,
but which lawfully existed prior to the enactment of this chapter,
or any revision or amendment thereto, and which is maintained after
the effective date of this chapter, or such revision or amendment.
OPEN SPACE
That portion of a development that is permeable and remains
open and unobstructed from the ground to the sky (specifically excluding
parking areas, whether the surface is permeable or impermeable pavement).
OPEN SPACE (PRIVATE)
Usable open space
accessible
to residents of a
building
on a
lot
, that meets the required minimum dimensions described by building type in §
405-12.
OPEN SPACE (USABLE)
An unenclosed portion of the ground of a
site
which is not devoted to driveways or parking lots, and
which is available and accessible to all residents of any
building(s)
on said
site
for purposes of active or passive outdoor recreation.
OPEN STORAGE
The storage of goods and materials, or the display and sale
of goods and materials, including vehicles for hire or sale, on a
lot
outside a building. See §
405-21N.
PARKING STRUCTURE
A structure that provides multiple levels of parking with liner buildings along adjacent streets. See §
405-21L.
PARKS AND OPEN SPACE (use)
Properties that provide public access to active or passive
recreational and interpretive facilities and/or for the conservation
of natural and cultural resources along with associated park support
and concession facilities. Examples: cemeteries, local/state/federal
parklands, playgrounds, boat ramps, trailheads, arboretums, or other
similar uses. The following words and phrases shall have the meanings
respectively ascribed to them herein as they relate to
parks and open space (use)
regulations:
A.
OVERNIGHT ACCOMMODATIONSShort-term overnight accommodations, including primitive or full service campgrounds, cabins, lodges, etc.
B.
STAFF SUPPORT FACILITIESVarious support facilities, including long-term residential facilities for staff and volunteers and other needed facilities as determined by conservation land managers.
PLACE OF WORSHIP
Any structure used on a regular basis by a group of persons
who assemble for religious or spiritual purposes.
PLAYGROUND
An
open space
designed and equipped
for children's recreation.
PORCH
An open air element of a
building
with a raised floor and a roof covering the floor that is supported
by columns, posts, or piers. A
porch
may
be located on more than one
story
.
PRIMARY FACADE
The
facade
of a
building
that faces the
street
. In the case of a corner
lot
, it is the facade along the higher priority
street
on the street hierarchy.
PRINCIPAL BUILDING
The
building
or
buildings
on a
lot
that contain the
principal use
or
uses
.
PUBLIC FRONTAGE
The area between the vehicular lanes and the
frontage line
.
PUBLIC SAFETY FACILITIES (use)
Public facilities that support local efforts to ensure the
health, safety, and welfare of the community. Examples: fire stations,
police stations, flooding or erosion control structures, and other
similar uses.
PUBLIC TRANSIT USES
Infrastructure that supports community access to public transit.
Examples: transit stations, bus stations, and other similar uses.
PUBLIC UTILITIES (use)
Installations or facilities for furnishing to the community
energy, electricity, gas, water, sewage disposal, communications,
or other public services. Examples: sewage treatment plants, electrical
plants and substations, pump stations, large-scale renewable energy
systems, and other similar uses.
RENEWABLE ENERGY SYSTEM (LARGE-SCALE)
Renewable energy systems
that
exceed the limits for a
small-scale renewable
energy system
established in §
405-21O.
Large-scale renewable energy systems
may produce
renewable energy for public or private entities.
RENEWABLE ENERGY SYSTEM (SMALL-SCALE)
Renewable energy systems
that have limited impacts on surrounding properties and uses, and are intended to supply renewable energy to an individual building, or contribute to block-scale resiliency efforts. See §
405-21O.
RESIDENTIAL CARE FACILITY
A licensed care facility that provides twenty-four-hour medical
or nonmedical care to persons in need of personal services, supervision,
protection, or assistance essential for sustaining the activities
of daily living. Examples: nursing homes, assisted living, continuum
of care, and hospice facilities.
RIGHT-OF-WAY
A strip of land reserved or dedicated to public use for pedestrian,
bicycle and/or vehicular movement, railway, waterway, or utility line.
This strip of land is either publicly owned or subject to an easement
for
right-of-way
purposes benefiting the
general public.
SETBACK
The minimum distance a building facade or parking area must
be located from a
frontage line
or public
right-of-way
line.
SHORT-TERM RENTAL (STR)
A residential living space rented to transient nonpermanent guests, for terms shorter than 30 days, without staff on the premises. Standards for full permit (STR-F), limited permit (STR-L), and resident-occupied permit (STR-RO) are in §
405-21D.
SIGN
Any letter, word, model, banner, flag, pennant, insignia,
device or representation designed or used as, or which is in the nature
of, an announcement, direction or advertisement. The word "sign" does
not include the flag, pennant or insignia of any nation, state, city
or other political entity or signs pertaining to prohibiting trespassing.
The following words and phrases shall have the meanings respectively
ascribed to them herein particularly as they relate to
sign
regulations:
A.
ACCESSORY SIGNA
sign
advertising
a business or profession conducted, or a commodity or service sold
or offered, at the address where the
sign
is located or within the
building
to
which the
sign
is affixed.
B.
AWNINGA rooflike covering of canvas or other material attached to a metal or other frame and supported entirely from a
building
or other structure.
C.
ELECTRONIC SIGNA
sign
that
has or appears to contain movement or that appears to change, caused
by a method other than physically removing and replacing the sign
or its components, whether the real or apparent movement or change
is in the display, the sign structure itself, or any other part of
the
sign
. An
electronic
sign
often incorporates a technology allowing the sign face
to change the image without the necessity of physically or mechanically
replacing the sign face or its components. An
electronic sign
may include a rotating, revolving, moving,
flashing, blinking, or animated display and any display that incorporates
rotating panels, LED lights manipulated through electronic input,
electronic message centers, or other similar methods or technologies
that permit a
sign
face to present different
images or displays.
E.
FRONT FACEThe outer surface of a
building
which is visible from any public
street
or walkway. A
building
may
have more than one
front face
.
F.
ICONIC SIGNA
sign
which
is a traditionally accepted pictorial symbol conveying the nature
of the business, normally constructed in heavy relief or which is
three-dimensional.
G.
INTERIOR SIGNAny
sign
,
except address numbers that are affixed to or painted on the interior
of a window or door or located within three feet of the inside face
of the window or face of the window or a door, which
sign
is designed to be visible from the exterior
of the window or door.
H.
MARQUEE, CANOPY OR BALCONY SIGNA
sign
which is part of, attached to or hung from a marquee,
canopy or other covered structure projecting from and supported or
partially supported by a
building
.
I.
MOBILE SIGNA
sign
not permanently
affixed to a structure or to the ground and designed or intended to
be moved from one location to another. (See also "
temporary sign
.")
J.
PROJECTING SIGNA
sign
which
is affixed to an exterior wall of the structure extending perpendicular
or at an angle of more than 30° from the wall and with the
sign
surface plane (upon which the typography
is displayed) perpendicular to or at an angle of more than 30°
to the wall plane.
K.
ROOF SIGNA
sign
which is
erected, constructed or maintained on, partly above or as part of
the roof of any
building
.
L.
SIGN AREAThe area of a
sign
shall be measured as follows:
(1)
When such
sign
is on a plate or
framed or outlined, all of the area of such plate or the area enclosed
by such frame or outline shall be included.
(2)
When such
sign
consists only of
letters, designs or figures engraved, painted, projected or in any
manner affixed on a wall or a fascia panel integrated into the
building
design, the total area of such
sign
shall be deemed the area of the smallest
triangle, rectangle or circle within which all of the matter of which
such
sign
consists may be inscribed.
M.
TEMPORARY SIGNA
sign
which
is designed to advertise or announce a particular event or series
of events, to solicit political support or to announce the availability
for sale of a particular item or items which will be available for
a limited period.
N.
WALL SIGNA
sign
which is
affixed to or painted on an exterior wall of the structure and with
the
sign
surface plane (upon which the
typography is displayed) in the same plane as the wall plane.
SINGLE-FAMILY RESIDENCE
A
building
comprised of one or
more rooms providing cooking, sleeping, and bathroom facilities, designed
for the exclusive use of a single household.
SITE
Any
lot
or
lots
of record, or contiguous combination thereof, under the
same ownership.
SITE PLAN
A plan that indicates the proposed development and use of
land or structures.
SMALL FOOTPRINT TOWER
A stand-alone structure that is significantly taller than
it is wide, or a portion of a
building
that is significantly taller than it is wide and typically has more
detail than the surrounding
building(s)
. When a tower is a portion of a
building
, the tower eave or
cornice
is taller
than the remainder of the
building
eave
or
cornice
height and one or more of the
tower facades is located forward of the remaining building facade.
SPECIAL PERMIT USE
A
use
of property that is basically
appropriate to a given zoning district but which may be incompatible
in some locations within the districts and therefore is not permitted
by right everywhere within such district. A
special permit use
, therefore, is one which is allowable only
when facts and conditions specified in the chapter as those upon which
the
use
is permitted are found to exist.
STORY
That part of a
building
contained
between any floor and the floor or roof next above.
Cellars
and underground parking structures
are not considered stories for the purposes of determining
building height
; one level of habitable
attic
space may be permitted as a half
story
.
Stories
may
not exceed 16 feet in height from finished floor to finished floor,
except for a first floor commercial function in T5 and T4 Zones which
may be a maximum of 25 feet (greater ceiling height may be permitted,
but such spaces will be counted as two or more
stories
).
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property for use by motor vehicles, bicycles,
and pedestrians. A
street
may be for use
by pedestrians only or prohibit motor vehicles.
STREET SCREEN
Sometimes called "street wall." A freestanding wall built
along the
frontage line
, or coplanar with
the
facade
, often for the purpose of masking
a parking lot from the
street
.
SURFACE PARKING (USE)
Improved or unimproved surface level parking facilities. Surface parking shall be an accessory use to a principal building on a lot unless approved by special permit. See §
405-21K.
TRAILER
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle, and equipped to be used
for living or sleeping quarters or so as to permit cooking. The term
"
trailer
" shall include such vehicles
if mounted on temporary or permanent foundations with the wheels removed.
"
Trailer
" includes travel trailers and
recreation vehicles but does not include manufactured homes or modular
homes built to building code standards.
TRANSITIONAL HOUSING
A facility providing short-term housing, typically for less than 24 months, and appropriate supportive services to those in need to facilitate movement to independent living. See §
405-21E.
URBAN AGRICULTURE (use)
Uses
and
accessory structures
associated with the growing of produce,
the raising of chickens, bees, aquaculture, vermiculture and other
food production activities on parcels two acres or less intended for
personal consumption or local markets.
Accessory
structures
may include greenhouses, chicken coops, storage,
etc.
Urban agriculture
uses may be combined on a lot with other permitted uses. See §
405-21M.
USE
The specific purpose for which land or a
building
is designed, arranged, intended or for which it is
or may be occupied or maintained.
USE, ACCESSORY
A
use
customarily incidental
and subordinate to the main
use
on a
lot
, whether such
accessory
use
is conducted in a
principal
or
accessory building
.
WALKABLE
Urban environments with a mix of housing, civic, public
open space
, retail and service choices within
a compact, transit-ready environment. The ability to safely and comfortably
access these amenities by foot, along a network of streets offers
an option for the selected transportation mode (pedestrian, cyclist,
or motorist), reducing the need for cars to travel. The network of
streets generates uninterrupted
block face
dimensions that range from about 250 feet to 450 feet, allowing
for multiple points of access and the absorption of adjacent land
uses.
WAREHOUSING (use)
Light industrial
uses
related
to the storage and distribution of a wide range of nonhazardous products
and materials.
WATER-DEPENDENT USES
Recreation, light industrial, and navigational infrastructure
uses dependent on adjacent water access. Examples: marinas, boat storage/servicing,
charter boat operation, marine navigation support facilities, and
other similar uses.
WOONERF
A pedestrian-dominant
street
that
encourages multimodal transportation and shared pedestrian and vehicular
space through urban design techniques, traffic calming devices, and
low speed limits.
WORKFORCE HOUSING UNIT
A for rental or homeownership
dwelling
unit
that is affordable to households earning no more than 120%
of area median income; the definition of "area median income" is updated
and published by the United States Department of Housing and Urban
Development.
Workforce housing units
are further defined in §
405-19.
ZONING ENFORCEMENT OFFICER
An officer appointed by the Mayor of the City of Kingston
to enforce the provisions of the Zoning Code.