City of Kingston, NY Overview; Definitions

This chapter shall be known and may be cited as the "Kingston Form-Based Development Code" and shall hereafter be referred to as the "chapter."

This chapter is adopted as local law pursuant to the Municipal Home Rule Law § 10, Subdivision 1(ii)a and the Statute of Local Governments § 10, Subdivision 6. This chapter is also adopted under provisions of the New York General City Law §§ 28-a, 20, Subdivisions 22 through 25, 32 through 34, 37, 27-a, 27-b and 81-b, except where it may be inconsistent with them and, to that extent, it supersedes those provisions.

(3)

Whenever any provision of this chapter refers to or cites a section of the New York State Constitution, Statute of Local Governments, and New York General City Law, and that section is later amended or superseded, this chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

Purpose.

This chapter regulates the location, design, alteration, occupancy, and use of structures and the use of land. This chapter has been enacted in order to institute a legally enforceable form-based code within the City of Kingston.

The purpose of this chapter is to establish a detailed set of development standards and procedures that will result in a compact and

walkable

development:

(a)

This chapter primarily offers development regulations and plans that pay particular attention to the intended form and character of the places in Kingston.

(b)

The organizing principle for the chapter is based on a hierarchy of places from the most urban to the most rural. The designation of each zone along this hierarchy ("transect") is determined first by the type of place being maintained, evolved or transformed and then by the form and intensity of development. The Transect Zones are used to reinforce existing or to create new

walkable

, mixed-use environments.

(c)

This chapter secondarily regulates uses that are carefully chosen to maximize compatibility between

uses

and the envisioned physical form of each Transect Zone.

(d)

The intent of this chapter is to create a well-functioning public realm across Kingston's diverse neighborhoods. These regulations shall implement "big ideas" from community and stakeholder input, which include:

[1]

Allowing for and encouraging by-right incremental infill development according to the community vision for future growth and preservation within the City of Kingston. It is intended that:

A streamlined process for administrative development review and approval be available to expedite

minor site plan

proposals that fulfill the spirit and conform to the standards of this chapter; and

A durable infrastructure of quality buildings and public spaces be constructed in order to emulate loved, historic patterns in Kingston, invite reinvestment over time and accommodate flexibility of use in response to evolving markets.

[2]

Using neighborhood context to guide how future buildings should relate to community structure, streets and public spaces. It is intended that:

The neighborhood context determines how far

buildings

are located behind the sidewalk, how the building facade is designed, and how the building interacts with the street;

Walkable

neighborhoods and mixed-use centers be the preferred pattern of development; and

Ordinary activities of daily living be able to occur within walking distance of most dwellings, providing independence and accessibility to those who do not drive.

[3]

Encouraging a variety of housing types to support a range of income levels, age groups, family units, and newcomers. It is intended that:

Development proposals provide meaningful choices in living arrangements as manifested by distinct physical environments.

Within

walkable

neighborhoods and mixed-use centers a range of housing types provide for life-cycle housing and contribute to long-term sustainability and reinvestment.

[4]

Supporting a green and resilient future. It is intended that:

Neighborhoods and mixed-use centers are compact and pedestrian-oriented, reducing vehicular miles traveled (VMT) by making more trips possible by walking, biking or transit;

Green infrastructure and street trees are included as part of future street design;

The City of Kingston's carbon footprint is reduced by encouraging the reuse of existing buildings to cut down the waste and energy associated with building demolition and materials for new development;

[d]

A range of high-quality public

usable open spaces

, parks, greens, squares, plazas,

playgrounds

, trails, community gardens, etc., be distributed within neighborhoods and mixed-use centers increasing access to light and air as well as fresh and healthy food;

[e]

Landscape design reflects the local climate and topography, and preserves protected trees, tree clusters, and waterways; and

[f]

Architecture reflects the local climate, topography, history, and good building practice.

[5]

Specifying street design that is

walkable

and bikeable. It is intended that:

Future

street

improvements preserve existing street trees and require new street trees;

Future

street

improvements preserve and maintain bluestone sidewalks;

Interconnected networks of

streets

be designed to disperse traffic, improve accessibility for emergency services and reduce the length of automobile, bicycle and pedestrian trips; and

[d]

The design of

streets

and

buildings

reinforces safe and comfortable environments for all users.

[6]

Right-sizing parking requirements so that they are less burdensome for incremental development, small businesses, the reuse of existing

buildings

, and additional housing units.

[7]

Providing clear, graphic standards that are predictable, easy to understand, and straightforward to enforce.

[8]

Integrating civic and institutional activity into the fabric of the existing community,

walkable

neighborhoods, and mixed-use centers. It is intended that:

Schools be connected to neighborhoods with sidewalks and trails that enable children to walk or bicycle to them;

Civic buildings

and public gathering places be provided at high-image locations to reinforce community identity and encourage their use; and

Civic buildings

be distinctive and appropriate to a role more important than other buildings, and that they help provide focus and order to the fabric of the City.

(e)

This chapter is further intended to reduce the burden on small and incremental development 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. A streamlined SEQRA process is also available for Type II actions that are deemed not to have a significant effect on the environment, New York Environmental Conservation Law Article 8.

(f)

The regulation in this chapter, including all supplements and attachments hereto, shall be deemed effective amendments to the Kingston 2025 Comprehensive Plan.

Applicability.

This chapter applies to all land,

buildings

streets

, sidewalks,

uses

, activities, public and private improvements, and landscape alterations of any kind occurring within the corporate limits of the City of Kingston as shown on the maps entitled "Regulating Map." (See Article 2.) The City of Kingston urges and encourages entities that are not legally required to comply with this chapter to take this chapter into consideration.

No land or structure shall hereinafter be used or occupied, and no structure or parts thereof shall hereafter be constructed, erected, altered, or moved unless it substantially complies with the regulations herein. See § 405-26I for information about

nonconforming buildings

and

uses

Relationship to other parts of the City of Kingston NY Code.

General framework.

(a)

This chapter consists of a Regulating Map, building form standards, building type standards, architecture and site design standards, signage standards, street design standards,

open space

standards, large site standards, and other applicable standards, all organized by Transect Zones as described in Article 3. These plans, zones, and standards replace the zoning, subdivision and other provisions in the City of Kingston New York Code that regulate land use and development. The intent of this chapter is to offer clear guidance to landowners, developers, municipal officials, and the general community and simultaneously provide an integrated framework for decision-making. Where this chapter is silent about any matter related to land use, building, or development, applicable provisions of the City of Kingston New York Code that do not conflict with this chapter shall apply.

ACCESSORY BUILDING/STRUCTURE

Applicability of other parts of the City of Kingston Code.

(a)

In the case of a conflict between this chapter and any other provision in the City of Kingston New York Code, this chapter shall control. Where no such conflict exists, all other chapters of the City of Kingston New York Code shall have full force and effect within the City of Kingston.

E.	How to use the Kingston Form-Based Code.
	(1)	The following text is advisory only and is intended to give a brief overview of the Code.
	(2)	It is the intent that an application meeting the development standards of this Code will be processed in an expeditious manner with administrative approvals allowed by this Code. However, if there are deviations requested, the additional required approvals may delay the development process. See § 405-26E.
	(3)	If you own or lease property and want to know what rules apply in order to build or establish a particular use:
		(a)	Step 1: Find your Transect Zone and any overlay districts by looking at the Official Regulating Map (Article 2).
		(b)	Step 2: Determine the development standards, setbacks , building height limits, etc., as described in the applicable Transect Zone in Article 3. Additional standards, such as building types, frontage types, architectural standards, parking, sign types, accessory dwelling units and affordable housing can be found in Article 4. Open space standards can be found in Article 6. If there is an existing building that does not conform to the development standards in Article 3, see § 405-26I: Nonconforming buildings and uses .
		(c)	Step 3: Determine approved uses , and any conditions that may apply in Article 3. If there is an existing use that does not conform to the permitted uses in Article 3, see § 405-26I: Nonconforming buildings and uses .
		(d)	Step 4: Determine the process for moving forward, as described in Article 8.
	(4)	If you want to subdivide your property:
		(a)	Step 1: Find your Transect Zone and any overlay districts by looking at the official Regulating Map (Article 2).
		(b)	Step 2: If the site is larger than two acres, see large site standards in Article 7.
		(c)	Step 3: Determine the development standards, minimum lot sizes, setbacks , etc., as described in Article 3 and open space standards as described in Article 6. If new streets are included in the site plan , use the standards in Article 5.
		(d)	Step 4: Determine approved uses , and any conditions that may apply in Article 3.
		(e)	Step 5: Determine the process for moving forward, as described in Article 8.
	(5)	If you want to change your Transect Zone:
		(a)	Only the Common Council may rezone property, following public notice and public hearings in front of the Planning Board and the Common Council itself. See Article 8 for a description of the complete process.

§ 405-2 Definitions.

As used in this chapter (and identified by

small capitals

throughout the code), the following terms and phrases shall have the meanings indicated:

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

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

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

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

CONTEXTUAL BUILD-TO ZONE (CONTEXTUAL BTZ)

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

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.

BLOCK FACE

Perimeter edge of a

block

BOARDINGHOUSE

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 HEIGHT

The vertical extent of a

building

measured in

stories

. See § 405-14H.

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 BUILDING

building

designed specifically for a

civic use

CIVIC OPEN SPACE

(Reserved)

CIVIC USE

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.

A type of

build-to zone

that is measured as the range between the smallest and largest existing

setback

buildings

that are on adjacent

lots

, that are oriented to the same street as, and within 100 feet of the subject

lot

CONTROLLED SUBSTANCE SALES

CONTROLLED SUBSTANCE SALES/CONSUMPTION

An establishment that provides for the sale of controlled substances, including alcohol, tobacco, and cannabis.

An establishment that provides for the sale and/or consumption of controlled substances, including alcohol, tobacco, and cannabis.

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

EATING/DRINKING ESTABLISHMENT

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.

DRINKING ESTABLISHMENT

See "eating/drinking establishment."

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.

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

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

buildings

, measured from the interior faces of exterior walls or from the center line of walls separating two

dwelling units

In particular, the

floor area

of a

building

buildings

shall include:

Basement

space.

Elevator shafts and stairwells at each floor.

(3)

Floor space for mechanical equipment.

(4)

Penthouses.

(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.

(7)

Enclosed

porches

(8)

Accessory uses

, not including space for accessory off-street parking.

However, the

floor area

of a

building

shall not include:

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.

Elevator and stair bulkheads, accessory water tanks and cooling towers.

(3)

Uncovered steps.

(4)

Terraces, breezeways and

open spaces

(5)

Accessory off-street parking spaces.

FLOOR AREA RATIO (FAR)

The ratio produced by the

floor area

of a

building

divided by its

lot

area.

FRONT FACADE

(Synonym: "primary facade.")

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 LINE

lot line

abutting a

street right-of-way

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

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

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

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

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

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:

COMMISSIONThe Historic District and Landmark Preservation Commission of the City of Kingston.

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.

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.

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.

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.

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

LIQUOR SELLING ESTABLISHMENT

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:

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

building

specifically designed to mask a parking lot or a parking structure from a

frontage

A retail establishment where 50% or more of the income comes from alcohol sales.

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

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

The lines bounding a

lot

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

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

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

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

NONCONFORMING LOT OF RECORD

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

dwelling unit

built off-site and placed on a single permanent chassis with wheels.

MODULAR HOME

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

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.

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

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.

OUTDOOR ENTERTAINMENT (

use

)

An outdoor public space that is the source of amplified music or other amplified sounds. See § 405-21J.

PARKING STRUCTURE

A structure that provides multiple levels of parking with liner buildings along adjacent streets. See § 405-21L.

PARKS AND OPEN SPACE

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:

OVERNIGHT ACCOMMODATIONSShort-term overnight accommodations, including primitive or full service campgrounds, cabins, lodges, etc.

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.

PLANNING ADMINISTRATOR

The City of Kingston Planning Director or their designee.

PLAYGROUND

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.

PRIMARY FRONTAGE

The

frontage

along the

primary frontage line

PRIMARY FRONTAGE LINE

(Synonym: "front

lot line

.")

PRINCIPAL BUILDING

The

building

buildings

on a

lot

that contain the

principal use

uses

PRINCIPAL ENTRANCE

The main point of access for pedestrians into a

building

PRINCIPAL USE

The primary

use

of a

lot

PROPERTY LINE

(Synonym:

"lot line

.")

PUBLIC FRONTAGE

The area between the vehicular lanes and the

frontage line

PUBLIC SAFETY FACILITIES

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

RENEWABLE ENERGY SYSTEM (LARGE-SCALE)

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 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:

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.

AWNINGA rooflike covering of canvas or other material attached to a metal or other frame and supported entirely from a

building

or other structure.

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.

FREESTANDING SIGNSThose signs which are affixed to the ground and not attached to a

building

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

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.

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.

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

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

.")

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.

ROOF SIGNA

sign

which is erected, constructed or maintained on, partly above or as part of the roof of any

building

SIGN AREAThe area of a

sign

shall be measured as follows:

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.

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.

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.

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

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

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

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.

TELECOMMUNICATIONS USES

Radio, television, and other electronic transmission stations, towers, antennas, etc. See § 405-21P.

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

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.

USABLE OPEN SPACE

See "open space (usable)."

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

use

customarily incidental and subordinate to the main

use

on a

lot

, whether such

accessory use

is conducted in a

principal

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