This chapter shall be known and may be cited and referred to as The Village of Kingston Zoning Ordinance.

(Code 1985, § 8(1.0))

(a)

The ordinance from which this chapter is derived was adopted in order that:

(1)

Adequate natural light, pure air, privacy, convenient access to property and safety from fire, explosion, noxious fumes, panic and other dangers may be secured;

(2)

Overcrowding of land may be prevented;

(3)

Undue concentration of population may be avoided;

(4)

Taxable value of land and structures throughout the village may be conserved;

(5)

Congestion in the public streets and highways may be lessened or avoided;

(6)

Hazards to persons and damage to property resulting from the accumulation of runoff of stormwater or floodwater may be lessened or avoided;

(7)

Sites, areas and structures of historical, architectural and aesthetic importance may be preserved and enhanced;

(8)

A rational pattern of relationships between various uses of land may be promoted;

(9)

Public health, safety and general welfare may otherwise be promoted and maintained;

(10)

The optimum use of the land and other natural resources of the village may be promoted; and

(11)

Other goals and objectives of the comprehensive general plan may be advanced.

(b)

In order to achieve the purposes of this chapter as set forth in subsection (b) of this section, this chapter sets forth regulations and standards to:

(1)

Determine and regulate the intensity of land use and the area of permanent open space;

(2)

Classify, regulate and restrict the intensity of land use and location of buildings, structures and land intended for business, residential and other specified uses, and provide for special uses;

(3)

Divide the village into zoning districts of such character, number, shape and area which are best suited to effect the purposes of this chapter;

(4)

Protect the zoning districts from encroachments by incompatible uses and structures;

(5)

Fix zoning standards within each zoning district to which uses and structures in such zoning district shall comply;

(6)

Regulate and limit the height and bulk of structures erected;

(7)

Establish, regulate and limit setback lines along all public ways and property lines;

(8)

Regulate additions to, and alterations or remodeling of, existing structures so as to comply with the restrictions and limitations lawfully imposed in this chapter;

(9)

Provide for the gradual elimination of structures and uses which are presently incompatible with the character of the zoning district in which they are located;

(10)

Define and limit the powers and duties of the municipal officers and bodies as provided in this chapter; and

(11)

Prescribe penalties for the violation of the provisions of this chapter, or any amendment to this chapter.

(Code 1985, §§ 8(2.0))

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense shall include the future tense. Words used in the singular shall include the plural, and the plural the singular. The words "shall" and "will" are mandatory and not discretionary. The word "may" is permissive. The word "lot" shall mean a zoning lot, unless otherwise defined in this chapter. The word "structure" shall include the word "building". The term "used for" shall include the terms "intended for," "designed for," "occupied for," "maintained for" and "arranged for. "The word "person" shall include the words "individual," "corporation," "governmental agency," "trust," "estate," "partnership," "association," "venture," "joint ventures" or any other legal entity. The masculine gender shall include the feminine and the neuter. All measured distances, expressed in feet, shall be to the nearest foot; if a fraction is one-half foot or less, the full number next below shall be used. If a fraction is more than one-half foot, the next full number above shall be used. All measurements shall include the metric equivalent. Unless otherwise specified, all distances shall be measured horizontally. Terms and words, unless otherwise defined in this section, shall be as defined in Webster's New Collegiate Dictionary, 1999 edition.

Abutting means having a common property line or district line.

Accessory use, building or structure means a use, building or structure on the same lot of record with and of a nature customarily incidental and subordinate to the principal use, building or structure.

Alley means a special public right-of-way affording only secondary access to abutting properties. An alley is not considered to be a street.

Apartment means a portion of a multiple dwelling used as a separate housing unit, and having cooking facilities and a private bath.

Basement means a story partly underground with at least one-half of its height below the average level of the adjoining ground.

Bed and breakfast inn means a lodginghouse in a residential building where rooms are rented as sleeping and living quarters, but without kitchen facilities, and with or without an individual bathroom. Meals are provided for lodging guests, but not to the general public.

Billboard means an advertising device, either freestanding or attached to a building, which is used to display information not related to the use or ownership of the establishment or property upon which it is located.

Block means a tract of land bounded by streets or by a combination of streets and public parks, or other recognized lines of demarcation.

Boardinghouse means a dwelling in which unrelated persons are housed or lodged for compensation, with or without meals, having not more than ten sleeping rooms and not open to transient customers.

Building means a structure having a roof supported by columns or walls which is used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials.

Building, accessory. See the definition of "Accessory use, building or structure."

Building area means the total living area bounded by the exterior walls of a building at floor level, but not including basement, utility rooms, garages, porches, decks, breezeways and unfinished attics.

Building height means the vertical distance measured from the mean elevation of the finished grade along the street yard face of a structure to the highest point of the roof.

Building inspector means the employee of the village officially designated to administer the village building ordinances.

Building line, front, means a line parallel to the street, intersecting the foremost point of the building, excluding uncovered steps.

Building, principal, means the main structure on a lot of record which houses the principal use of the premises.

Business means a commercial establishment engaged in the purchase and sale of goods and services, not including manufacturing or industrial establishments.

Canopy or marquee means a rooflike structure, of a permanent nature, which projects from the wall of a building.

Cellar means the same as "Basement."

Certificate of occupancy means a written statement issued by the building inspector which permits the use of a building or lot, or a portion of a building or lot, and which certifies compliance with the provisions of this chapter for the specified use and occupancy.

Clinic, medical, means a building used by a group of doctors, dentists or other licensed professionals for the examination or treatment of persons on an outpatient or nonboarding basis only.

Club means a building owned, leased or hired by a nonprofit association of persons, who are bona fide members paying dues, the use of which is restricted to such members and their guests.

Conforming use means a lawful use of a building or lot which complies with the provisions of this chapter.

Dairy trucking equipment storage, small scale means a business which accommodates the storage of not more than 12 dairy trucks upon the property.

Developer means a person, firm, partnership, corporation, association, estate, trust or other legal entity requesting review or action on a development.

Development means a land division, subdivision or planned development.

Dwelling means a detached building which is designed or used exclusively as a residence or sleeping place, but does not include boardinghouses, lodginghouses, motels, hotels, tents, cabins or mobile homes.

Dwelling, multiple, means a building, or portion of a building, used or designated as a residence for three or more families as separate housekeeping units, including apartments, apartment hotels and group houses.

Dwelling, one-family, means a detached building which is designed, arranged or used for, and occupied exclusively by, one family.

Dwelling, two-family, means a building designed exclusively for human habitation, which contains two dwelling units, where each dwelling unit is attached to another dwelling unit by a vertical wall, with each dwelling unit having an individual entrance which is not accessible from the entrance of any other dwelling unit, and does not overlap any part of another dwelling unit.

Dwelling unit means a building, or portion of a building, designed or used exclusively as the living quarters for one or more persons who live, sleep, cook and eat on the same premises as a housekeeping unit.

Efficiency means a dwelling unit consisting of one principal room with no separate sleeping rooms.

Emergency shelter means a public or private enclosure which is designed to protect people from aerial, radiological, biological or chemical warfare, fire, flood, windstorm, riot and invasion.

Expressway means a divided principal or primary arterial highway, with full or partial control of access, and with or without grade separated intersections.

Family means any number of persons related by blood, adoption, or marriage, or not to exceed four persons not so related, living together in one dwelling as a single housekeeping unit.

Farm means land consisting of five or more acres on which produce, crops, livestock or flowers are grown primarily for off-premise consumption or use.

Fence means any construction of wood, metal, wire mesh, masonry or other material which is erected for the purpose of assuring privacy or protection.

Floor area means:

(1)

For residential use, the sum of the gross horizontal areas of the several floors of a dwelling unit, exclusive of porches, balconies, garages and basements, measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating dwelling units.

(2)

For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the centerline of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.

Freeway means an expressway with full control of access and grade separated intersections.

Garage, private, means a detached accessory building or portion of the main building designed, arranged, used or intended to be used for the storage of automobiles, recreational vehicles, mowers or vehicles, other than trucks exceeding 24 feet in length, belonging to the occupants of the premises.

Gift store means a retail store where items such as art, antiques, jewelry, books and notions are sold.

Governmental building means a building or structure owned by a unit of government and used in fulfilling its statutory mandate. This term may include, but shall not be limited to, public schools, township structures, village structures, fire stations and public libraries.

Greenway means an open area of land included under the definition of "Parkway," the primary purpose of which is to carry stormwater on the surface of the ground in lieu of an enclosed storm sewer. Greenways may serve the following multiple public purposes in addition to their principal use, including, but not limited to, vehicular and/or pedestrian traffic, sanitary sewers, water mains, storm sewers, stormwater retention basins, park development and other related uses.

Hardware store means a retail store where items such as plumbing, heating and electrical supplies, sporting goods and paints are sold.

Hotel means an establishment for transient guests which has more than six sleeping rooms, but does not have individual cooking facilities.

Home occupation means the use of a portion of a dwelling unit within a residential district for an accessory use, of a business or commercial nature, which is carried on by the person residing in such unit.

Impervious lot area means roof areas, concrete, gravel or bituminous surfaces, sidewalks, decks or other hard surface areas.

Interchange means a grade separated intersection with one or more turning lanes for travel between intersection legs.

Junkyard means an area consisting of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and house equipment, or used cars in operable condition.

Loading area means a complete off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lot means a parcel of land that is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit under single ownership.

Lot area means the area of a horizontal plane bounded by the front, side and rear lot lines, but does not include any area occupied by the waters of a duly recorded lake or river.

Lot, corner, means a lot of which at least two adjacent sides abut, for the full length of such sides, upon a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at its point of beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle less than 135 degrees.

Lot depth means the mean horizontal distance between the front lot line and the rear line of a lot, measured within the lot boundary.

Lot, interior, means a lot other than a corner lot.

Lot line, front, means the front lot line, and in the case of a lot abutting upon only one street, it shall mean the line separating such lot from such street. In the case of any other lot, the owner shall have the privilege of electing any street lot line to be the front lot line, provided that such choice, in the collective opinion of the village board, will not be injurious to the existing development, or to the desirable future development, of adjacent properties.

Lot line, rear, means the lot line which is opposite and most distance from the front lot line. In the case of an irregular or triangular shaped lot, a line ten feet in length, entirely within the lot, parallel to and most distant from the front lot line, shall be considered to be the rear lot line for the purposes of determining the depth of rear yard. In cases where no part of this definition is applicable, the rear lot line shall be designated by the building inspector.

Lot line, side, means the boundary of a lot which extends from the front lot line to the rear lot line.

Lot lines mean the property lines bounding a lot.

Lot of record means a lot which is recorded in the office of the county register of deeds.

Lot, through, means a lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.

Lot width means the horizontal distance between the side lot lines of a lot, measured at right angles to the lot depth, which measurement shall be made at the rear line of the required front yard, or, when approved by the plan commission, at the required setback line where noted on the plat or land division map and such setback is greater than the required front yard.

Lot, zoning means a parcel of land composed of one or more lots of record, occupied or to be occupied by a principal building or principal use, along with permitted accessory buildings or uses, meeting all the zoning requirements of the district in which it is located.

Machine shop means a shop where lathes, presses, grinders, shapers and other wood and metal working machines are used, such as blacksmiths, tinsmiths, welding and sheet metal shops, and plumbing, heating and electrical repair and overhaul shops.

Master plan means the comprehensive plan for guiding and shaping the growth and development of the village, including all of the component parts, as prepared by the plan commission and adopted by the village board.

Minor structure means a small, movable accessory erection or construction such as birdhouses; tool houses; pet houses; play equipment; arbors; and walls and fences under four feet in height.

Mobile home means manufactured housing built on a chassis, subject to all regulations applying to such housing, whether or not wheels, axles, hitches or other appurtenances of mobility are removed, and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle.

Mobile home park means a lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.

Motel means a group of attached or detached buildings containing individual living or sleeping units where a garage, carport or parking space is conveniently located for each unit, all for temporary use by automobile tourists or transients.

Nonconforming use, building or structure, means a use, building or structure existing at the time of adoption of the ordinance from which this chapter is derived, or any section of this chapter, and which does not conform to the provisions of this chapter.

Nursing home means a building used for the continuous care, on a commercial or charitable basis, of persons who are physically incapable of caring for their own personal needs.

Official map means a map adopted by the village which indicates the location, width and/or extent of existing and proposed streets, highways, parkways, parks and playgrounds in the village.

Parking facility/lot means a structure or an open space, other than a street or alley, used for temporary parking of more than four self-propelled vehicles, and which is available for public use, whether free, for compensation or as an accommodation for clients or customers.

Parties in interest means and includes all abutting property owners, all property owners within 100 feet and all property owners of opposite frontages.

Planned area development means a tract of land which contains or will contain two or more principal buildings, developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.

Plat means a map of a subdivision.

Professional home offices mean residences of doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professionals, where the office does not exceed one-half of the area of only one floor of the residence, and only one nonresident person is employed.

Public way means a public road, street, highway, walkway, drainageway, greenway, parkway, or part of thereof.

Railroad right-of-way means a strip of land with tracks and auxiliary facilities for track operation, but does not include freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.

Recreational vehicle means vehicles or trailers for recreational uses that can be driven, towed, hauled or flown, including, but not limited to, mobile homes, snowmobiles, all-terrain vehicles, race cars, off-road vehicles, travel trailers, pull campers, tent trailers, special purpose trailers, cargo trailers, utility trailers, vehicle trailers, power boats, cruisers, jet skis, fishing boats, hunting boats, pontoon boats, personal watercraft, row boats, sail boats, truck campers and vans.

Residence means a building designed or used exclusively as a permanent living quarters, excluding mobile homes as defined in this section.

Satellite earth station means a dish or similar shaped antenna, with a diameter greater than two feet, designated to receive signals from earth orbiting satellites.

Setback means the minimum distance from a particular lot line that a building or other structure may be constructed, erected or maintained. Setback requirements shall be as set forth in this chapter for specific zoning districts, except that in the case of corner lots, both street yards shall meet the minimum front yard requirements and the remaining two yards shall meet the minimum side yard requirements of that particular zoning district.

Sexually oriented land use means and includes a land use oriented to the display of sexually oriented materials, including videos, movies, slides, photos, books or magazines, or actual persons displaying and/or touching sexually specified areas. Examples include sexually oriented video stores, book stores, movie theaters, clubs or similar land uses.

Sexually oriented material means material which consists of representations or descriptions of actual or simulated masturbation, sodomy, excretory functions, lewd exhibition of the genitals or female breasts, sadomasochistic abuse (for the purpose of sexual stimulation or gratification, homosexuality, lesbianism, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or the breasts of a female, for the purpose of sexual stimulation, gratification or perversion.

Sexually specified area means the human male genitals in a discernibly turgid state, even if fully and opaquely covered, or less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

Shopping center means a building or group of buildings containing three or more commercial retail establishments, personal service establishments and/or restaurants, which are constructed on a parcel of land under unified ownership or control, and planned and developed with an unified building design and coordinated parking and service areas. (See "Planned area development.")

Sign means words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known, and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product, and which is visible from any public street or highway.

Smoke unit means the number obtained when the smoke density, in Ringelmann number, is multiplied by the time of emission of such smoke in minutes.

Space, parking, means the area required for parking one automobile, which, in this chapter, is an area ten feet wide and 20 feet long, not including driveways or passageways.

Special use means a use of a special nature so as to make impractical their predetermination as a permitted use in a district.

Story means the portion of a building included between the surface of a floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it.

Story, half, means a story under a gable, hip or gambrel roof, the wall plates of which, on at least two exterior walls, are not more than two feet above the floor of such story.

Street means a public or private thoroughfare which may either provide the principal means of pedestrian access and/or vehicular access to abutting property, or may provide for the movement of pedestrian traffic and/or vehicular traffic, or both.

(1)

Alley means a public right-of-way which affords a secondary means of access to abutting property.

(2)

Arterial streets and highways means those streets which provide for rapid movement of concentrated volumes of traffic over relatively long distances.

a.

Principal arterial means a street serving the major interstate and interregional traffic corridors, and provides the highest mobility level and a high degree of access control.

b.

Primary arterial means a street serving major regions or connecting important cities and major intracommunity corridors in the metropolitan area. Such routes provide high mobility and a high degree of access control.

c.

Standard arterial means a street which more commonly provides for intermediate length trips, thus serving through traffic movement in trade areas or feeding traffic to the principal and primary arterial streets from lower activity areas not served by such routes.

(3)

Collector street means a street which provides moderate speed movement of persons and goods between major arterials and/or activity centers. Such street is basically a local street which usually, because of directness of routing and higher capacity, receives a higher volume of traffic to be distributed from or collected toward nearby arterial streets.

(4)

Dead end street means a street closed at one end, without a turnaround.

(5)

Local street means a street designed for low speeds and low volumes, which provides access from low traffic generating areas to collector and arterial streets.

a.

Commercial street means a local street serving a retail, general or commercial business district as defined in this section.

b.

Residential street means:

1.

Type I. A subcollector street serving a high density residential area.

2.

Type II. A standard residential street.

3.

Type III. A street for low density residences where provision is made for adequate off-street parking and where there is no through traffic.

(6)

Marginal access street (frontage road) means a street parallel and adjacent to an arterial street and highway, which provides access to abutting properties and separation from through traffic.

Structure means an erection or construction, such as, but not limited to, buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment.

Structural alteration means a change in the supporting members of a structure, such as, but not limited to, foundations, bearing walls, columns, beams or girders.

Travel trailer means a vehicular portable structure, built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use, limited in weight or length to either a maximum weight of 4,500 pounds or a maximum length of 28 feet.

Turning lane means an existing or proposed connecting roadway between two arterial highways or between an arterial highway and any other highway. This term includes grade separated interchange ramps.

Use, when referring to property, means the purpose or activity for which the land or building on such land is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of standards set forth in this chapter.

Utilities mean public and private facilities such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, but shall not include sewage treatment plants, municipal incinerators, warehouses, shops and storage yards.

Yard means the open space between a lot line and a building line on which no structure may be located, except as provided in this chapter.

Yard, front, means a yard extending along the full width of the front lot line between a street right-of-way line and the front yard building setback line as established by the zoning district in which it is located.

Yard, rear, means a yard extending from the rear lot line along the full width of a rear lot line between a rear lot line and the required rear yard building setback line, including all yards which do not qualify as front and side yards.

Yard, side, means a yard extending from the front lot line between the front yard building setback line and the rear yard building setback line.

Yard, street, means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the existing or proposed street or highway line and a line parallel to such line through the nearest point of the principal structure. Corner lots shall have two such yards.

Zoning district means an area within the corporate limits of the village for which the regulations and requirements governing the use, lot and bulk of buildings and premises are uniform.

(Code 1985, § 8(10.0); Ord. No. 2020-10, § 1, 9-21-2020; Ord. No. 2023-05, § 4, 7-3-2023)

Cross reference— Definitions generally, § 1-2.

In their application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the purposes of this chapter, and such provisions shall be interpreted as follows:

(1)

Overlapping or conflicting laws. Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable standards imposed by other provisions of this chapter or by any other law, ordinance, resolution, rule or regulation of any duly constituted public agency having jurisdiction, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

(2)

Existing agreements. This chapter is not intended to abrogate any easement, covenant or other private agreement. However, easements, covenants or other private agreements entered into prior to the effective date of the ordinance from which this chapter is derived shall not abrogate by passage thereof.

(3)

Permit or license. Nothing in this chapter shall be deemed to be a consent, license or permit to use any property, or to locate, construct or maintain any building, structure or facility, or to carry on any trade, industry, occupation or activity.

(Code 1985, § 8(2.1))

It is declared to be the intention of the village president and the village board that the several provisions of this chapter are severable, as follows:

(1)

Chapter application. If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in such judgment.

(2)

Property application. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular lot, parcel of real estate, structure or use, such judgment shall not affect the application of the provision to any other lot, parcel of real estate, structure or use not specifically included in the judgment.

(Code 1985, § 8(2.2))

The following uses are exempt from the provisions of this chapter and shall be permitted in any district: poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar distribution equipment for telephone or other communications and electric power, gas, water and sewer lines, provided that the installation of such utilities shall conform with the rules and regulations of all authorities having jurisdiction over the public utility involved.

(Code 1985, § 8(4.6))