A mobile home that has no owner currently residing in the mobile home or authorized tenant of the owner currently residing in the mobile home to the best knowledge of the municipality.

A dwelling unit that has been added onto, or created within a single-family house. An accessory apartment has separate kitchen, bathing and sleeping areas.

A structure, the use of which is customarily incidental and subordinate to that of the principle building and that is attached thereto, or is located on the same lot or premises. Accessory structures are not for the purpose of human habitation and include such buildings as garages, swimming pools, garden or tool sheds, barns and playhouses, and such elements as satellite dish antennas, solar collectors and wind-powered devices.

A use, occupancy, or tenancy that is customarily incidental and subordinate to the principal use, occupancy, tenancy, and located on the same lot or premises.

A business or place of operation of a business for the efficient, environmentally responsible processing of motor vehicles for reusable components and materials. Such facility shall:

Any business enterprise or adult entertainment establishment having operations or a substantial or significant portion of its stock-in-trade, videos, books, magazines and other periodicals depicting or relating to specified sexual activity or specific anatomical areas, as defined below. For purposes of this definition, a "substantial or significant portion" shall be determined to exist if either more than 20% of its gross sales is comprised of items related to specified sexual activities or specified anatomical areas, or more than 20% of the net square footage of the establishment is dedicated to operations, display of activities or specified anatomical areas.

Cultivation of land, or raising or harvesting of any agricultural or horticultural commodity including the raising, shearing, feeding, caring for, training of and management of animals, including the sale of products grown on or raised directly on such land, and including the construction, alteration, or maintenance of fences, agricultural roads, agricultural drainage systems, and farm ponds on such lands. The term "farm" is included in this definition.

Any significant change in outward appearance of a building, other than repairs. Any addition to a building, or modification in construction or change in the area, footprint or height of a building. Any rearrangement or moving of a building from one location to another.

The combination of controls that establishes the minimum size of a lot and the maximum size of a building and its location on such lot.

The use of any building, land area, or other premises for the display and sale of new or used automobiles, farm equipment, trucks, boats, vans, machinery, equipment, or recreational vehicles, and the retails dispensing or sales of vehicular fuels; the servicing or repair of automobiles; batteries and similar vehicle accessories.

An institution in which the primary business is the holding, transfer, and/or investment of money. The term includes savings and loan institutions.

That space within a building that is partly or entirely below grade and has more than half of its height measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. The term includes the term "cellar."

A private dwelling in which at least one and not more than six rooms are offered for rent for transient occupancy, in which overnight lodging and breakfast are offered to such occupant(s), and in which no public restaurant is maintained.

A structure in which the game of bowling is played.

A strip of land established to protect one type of land use from another with which it is, or may be, incompatible.

The space remaining on a lot after the minimum open space requirements, as for yards, setbacks, and the like, have been met.

A structure wholly or partially enclosed within exterior walls, or within exterior and part walls, and a roof, affording shelter to persons, animals, property or business activity.

The line established by this chapter beyond which no part of a building, other than parts expressly permitted, may extend.

A building in which is conducted the main or principal use of the lot on which said building is located.

A parcel of land used or intended to be used, let or rented for occupancy by campers or for occupancy by camping trailers, tents, of a design or character suitable for seasonal or other temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; excluding, however, mobile homes. Campgrounds may include a camp store as a customary accessory use.

Premises regularly used for washing, cleaning or polishing of motor vehicle for compensation.

Property used for the interring of the dead. A cemetery includes a mausoleum or similar structure, but does not include a crematory.

Official certification issued by the Code Enforcement Officer that a premise conforms to the applicable provisions of this chapter, the New York State Uniform Fire Prevention and Building Code, and other applicable regulations, and may be legally used or occupied.

A building or structure, or group of buildings or structures, primarily intended for conducting organized religious services and associated accessory uses. The term includes the terms "synagogue," mosque," "religious assembly hall" and "temple."

A vehicle, more than 25 years old, or possessing other unique characteristics, as established by the NYSDMV, to be of historical, classic or exhibition value.

Any cutting of trees over six inches in diameter at breast height over any ten-year cutting cycle where the average residual basal areas of such trees after cutting is less than 30 square feet per acres, measured within the area harvested.

The person designated, empowered and paid by the Town Board to enforce the provisions of this chapter.

A place designed for the conduct of outdoor sports and leisure-time activities such as skiing, golfing, bicycle racing and the like, operated as a business and open to the public for a fee.

Wind generating facilities that generate original power on site to be transferred to a transmission for distribution to customers. The definition of "commercial wind power generating facilities" shall not include individual wind power generating facilities erected and used primarily for private use.

A structure situated on a nonresidential site that is intended for transmitting or receiving radio, television, or telephone communications.

A document or series of documents prepared and adopted by the Town setting forth policies for the future growth and development of the Town.

The storage of equipment by a contractor on his/her residential property, which equipment is regularly used off-site in the normal course of the contractor's business. See also definitions for "expendable contractors' equipment" and "nonexpendable contractors' equipment."

Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwich and other freshly prepared foods, for off-site consumption. A convenience store may offer for sale oil or other motor fuels, and other related items such as lubricants and other accessories for motor vehicles. Convenience stores may not offer painting or major repairing of vehicles.

Premises where paper, maps and other materials are reproduced for both retail and trade purposes.

A private or public establishment, licensed by the New York State Department of Social Services, which provides day care for four or more children placed there by parents, guardians, or others responsible for their care.

A private access route directly serving one or more buildings, facilities or parking areas and not providing a route for through traffic.

A detached building containing two dwelling units that are attached by a common wall.

A building designed or used principally as the living quarters for one or more families. The term single-family dwelling includes the term "mobile home."

A building containing three or four dwelling units.

A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances, or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.

Items that are normally used up or consumed in a construction process and are more easily or economically replaced than rescued or salvaged. This includes but is not limited to items such as culverts, curbing materials, lumber and structural iron beams. Storage of expendable contractors' equipment in R Residential areas (see Schedule 1) is only allowed on the contractor's property of residence. This restriction does not apply to MU-1 (see Schedule 2) or MU-2 (see Schedule 3) areas.[1]

One person or two or more persons, related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.

See "agricultural use."

A structure for the display and sale of farm products.

An establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off-premises.

An artificially constructed barrier of any material or combination of materials usually made of posts or posts and stakes joined together by boards, wire, or rails, erected to enclose, screen or separate areas. Stone structures and other types of walls are specifically included in this definition.

A parcel or parcels of land on which a group of people organized for common purpose pursue recreation or sporting interests. Such clubs are characterized by membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.

The official map of the Town of Kingston on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones.

The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude without cumulatively increasing the water surface elevation more than the designated height shown in the Town of Kingston Flood Insurance Rate Map.

The highest level of flood that, on the average, is likely to occur once every 100 years; that is, that has a 1% chance of occurring each year.

The one-hundred-year flood elevation plus one additional foot of elevation.

The sum of the gross horizontal areas of the several floors of a building or structure from the exterior of the exterior walls, or from the center line of a wall separating two such buildings, but excluding any space where the floor-to-ceiling height is less than six feet.

That side of a lot coincident with the street line. A corner lot shall be considered to have two such frontages.

A building used for the preparation of the deceased for burying and the display of the deceased and rituals connected therewith before burial or cremation.

An enclosed space for the storage of one or more vehicles, provided that no business, occupation or service is conducted for profit therein nor is space therein for more than three cars leased to a nonresident of the premises.

A lot occupied or used for the sale of oil or other motor fuel, and which may include the sale of lubricants, tires and accessories for motor vehicles, including facilities for greasing, washing, cleaning, polishing or otherwise servicing vehicles, but not including painting or major repairing thereof.

The physical alteration of the contours of land in connection with a development project. Minor alteration for landscaping purposes or to improve drainage on individual residential properties does not constitute grading.

A structure or use occupied or employed by any department, commission, independent agency, or instrumentality of the United States, of a state, county, incorporated or unincorporated municipality, township, authority, district, or other governmental unit.

A structure in which perishable and nonperishable food and related items are sold for retail consumption.

The vertical distance measurement from the average elevation of the finished grade along the side of the building having the lowest finished grade to the highest point on the roof, but not including chimneys, spires, towers, antennas for home or business use, elevators, tanks, and similar projections.

Any professional service or business use, other than a retail business, conducted entirely within a dwelling or accessory building and carried out by the inhabitants thereof, and having no more than two nonresident employees, which use is clearly incidental and secondary to the use of the premises for residential purposes, that does not change the residential character thereof, and that does not produce noise, fumes, glare, pollution or other nuisances to nearby residential properties, and that meets the standards in Article VI of this chapter.

Any professional service or business use, conducted entirely within a principal dwelling or accessory building and carried out by the inhabitants thereof, and not listed in or not meeting the criteria of Article VI of this chapter.

An institution providing primary health services and medical or surgical care to person, primarily inpatients, suffering from illness, disease, deformity, injury and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, and medical offices.

A building, or any part thereof, that contains living and sleeping accommodations for transient occupancy and which may provide additional services such as restaurants, meeting rooms, entertainment, and recreational facilities.

Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts and the creation of products. Industrial and manufacturing must meet the performance standards, bulk controls, and other requirements established in this chapter.

Any unregistered, used motorized vehicle or recreational vehicle, or vessel, no longer intended or in condition for legal use, except for classic or historic cars as defined herein.

Any area, lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of secondhand parts and materials, including automobiles, trucks, tractor trailers, buses, motorcycles or other vehicles as well as tractors, bulldozers, machinery and other equipment.

A place where any number of adult dogs or cats are kept for the primary purpose of sale or for boarding, care or breeding, for which a fee is charged or paid.

An establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.

A parcel of land having defined boundaries and considered as a unit, devoted to a specific use or occupied by structure or group of structures that are united by a common interest, use or ownership, and including customary accessory structures, uses, open spaces and yards.

The total area of a lot within the lot lines.

A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street right-of-way lines is the corner.

The amount of land covered or permitted to be covered by building(s), walkways, driveways, parking lots, and accessory uses, measured in terms of a percentage of total lot area. Such measurement shall exclude uncovered porches, terraces, and steps.

The minimum horizontal distance from the street line of a lot to the rear lot line of such lot, measured in the general direction of the side lines.

The line dividing one premises from another, or from a street or other public space.

A legally existing lot at the time of adoption of this chapter duly filed and recorded in the Ulster County Courthouse.

The minimum horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear lot lines, or the width of a lot measured along the rear line of the required front yard.

The sale and incidental servicing of new and used machinery of any type.

That line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line, impressed on the bank changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.

The excavation, extraction, quarrying or removal of sand, gravel, clay, topsoil, mulch, stone, mineral or other natural material deposits, including mine tailings, for commercial use and/or sale, including the construction, alteration or maintenance of mine roads, mine tailings, piles, or pumps and mine drainage, and processing meaning the crushing, washing and screening of mixed materials.

Occupancy of a building or premises in part for one use and in part for some other use not customarily accessory to the first use.

Any portable vehicle which is designed to be transported on its wheels or those of another vehicle; which is used, designed to be used or capable of being used as a detached single-family residence, and which is intended to be occupied as permanent living quarters and may contain sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities, and plumbing and electrical connections for attachment to outside systems. For the purpose of this chapter, a mobile home is a single-family dwelling. Mobile homes may be either single-wide or double-wide structures.

Any lot, parcel or tract of land or portion thereof, together with the open space and facilities required by this chapter used, designed or maintained and having mobile home spaces as defined herein, held out for hire or leave to accommodate mobile homes as defined herein, or any premises on which two or more mobile homes are located and occupied, regardless of whether or not any compensation is provided.

A factory-built dwelling transported to the site and permanently attached to the same, having been approved pursuant to the New York State Uniform Fire Prevention and Building Code. Such a home is a single-family dwelling for the purposes of this chapter.

A detached or freestanding sign mounted on or incorporated into a solid base, and shall be a self-supporting structure. Sign structures should be monument-style with a base of metal or masonry construction. Exterior materials, finishes, and colors should be the same or similar to those of the building or structures on site. The sign structure should reflect the general architectural style or design theme of the development. Embellishment should be used as a method to incorporate the primary design elements or unique architectural features of the buildings or structures. The sign copy area should not exceed a horizontal-to-vertical ratio of two to one and the base of the sign shall not be more than 12 inches from the ground.

An existing building which does not conform to the district regulations for front, side, or rear yards; maximum height, lot coverage; or density after the first date of enactment or amendment of this chapter.

A lot of record, which does not conform to the district regulations for lot area, width, or depth after the first date of enactment or amendment of this chapter.

An existing use that does not conform to the applicable use regulations for the district in which such use is located after the first date of enactment or first amendment of this chapter.

Items that are not consumed in a construction process and that retain their original identity and characteristics during their useful life. This includes but is not limited to items such as trailers and motorized equipment.

Land or greenhouses used to raise and/or sell flowers, shrubs and plants. The term nursery includes the term "greenhouse."

Premises on which are provided lodging, meals, and continuing nursing care for compensation to convalescent, incapacitated or chronically ill persons. The term "nursing home" shall include convalescent home and rest home.

A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government and generally furnished with desks, tables, files and communications equipment.

The owner, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building, structure or premises.

A tract of land, designated and used by the public, for active and passive recreation.

Land that is open or semi-enclosed by structures and that is used to provide four or more off-street parking spaces.

An area of land, not less than 162 square feet, excluding driveways or access drives thereto, that is out of the public right-of-way and is available and adequately improved for the parking of one or more motor vehicles.

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

A specific use to which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.

Any individual, corporation, partnership, association, trustee or legal government entity.

A place where drugs and medicines are prepared and dispensed.

The Planning Board of the Town of Kingston.

The use of a lot or structure prior to the time of the first date of enactment of a zoning ordinance.

A lot, plot, or parcel of land, together with all structures and uses thereon.

A building or parcel(s) of land on which a group of people organized for common purpose pursue common interests. Such clubs are characterized by membership qualifications, payment of fees and dues, regular meeting, and a constitution and bylaws.

An individual wind turbine tower used to generate power for on-site use by the property owner or homeowner, except for the required electrical current feedback to the power company.

A structure owned and operated by a regulated public utility deemed necessary for the public health, safety and welfare.

A view that has been determined scenic through the completion of a NYS Department of Environmental Conservation Visual Environmental Assessment Form or as otherwise defined in any natural resources inventory or similar plan adopted by resolution of the Town of Kingston Town Board.

An establishment or other facility for carrying on investigation in the natural, physical or social sciences, which may include engineering and product development.

An establishment where food and drink are prepared, served, and consumed, primarily within the principal building.

Enterprises involving the sale of goods and services carried out for profit.

A relatively small wind generating facility that generates original power on site for on-site use by the property owner or homeowner, mounted on the principal building's roof and with a maximum height no greater than 10 feet.

Any building(s), site or place used for the cutting and/or milling of raw timber into dimensional lumber.

An institution, public or private, which is designed, constructed, or used for education or instruction in any branch of knowledge.

A structure containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.

The minimum horizontal distance from the property line to any structure, roadway, parking area, accessory building or such other improvement on a lot, except necessary driveways.

Two or more commercial establishments, planned, constructed and managed as a single entity, which may or not be attached, and which provide common parking, circulation and aesthetic amenities.

Any material, structure or device, or part thereof, composed of lettered or pictorial matter that is located outdoors or indoors intended to be viewed from the exterior of the building, displaying an advertisement, announcement, notice or name. The term includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall include any declaration, demonstration, display illustration or insignia used to advertise business or cause when the same is placed in view of the general public. However, a sign shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of the United States or its political units, or of any school or religious group.

The total area of all faces or surfaces of a sign anywhere upon which writing or any illustrative, emblematic or other artistic or expressive matter appears; in cases where such writing or other surface, the total area within a single contiguous rectangular perimeter enclosing the extreme limits of such matter shall constitute the sign area. If the sign area is composed of two surfaces back to back, the area of the larger side shall constitute the total sign area.

The map or drawing and all related information submitted to the Planning Board for review in accordance with the requirements and procedure specified in Article V of this chapter.

The review of a development plan depicting the arrangement, layout and design of proposed development. A site plan shall contain all components required by this chapter and the Planning Board.

A use that is deemed desirable for the public welfare within a given zoning district or districts, but that is potentially incompatible with other uses provided therein. The special use shall, therefore, be subject to approval by the Planning Board in accordance with conditions set forth for such use, as well as other applicable provisions of this chapter.

An establishment primarily engaged in the provision of horseback riding instruction and/or the boarding of horses, including customary accessory buildings and uses.

The law as codified in Article 8 of the Environmental Conservation Law and the implementing regulations codified in Title 6 of the New York Code of Rules and Regulations Part 617.

Any structure used to store equipment, supplies, tools, etc., which is subordinate to or supports the activities of the principal use or structure. In no case shall a storage shed exceed 400 square feet.

A public or private right-of-way that provides vehicular access to abutting properties.

The dividing line between a lot and a street right-of-way.

A static construction or assembly of materials, the use or occupancy of which requires a fixed location on the ground or attachment to any object having such a fixed location. Structures shall include buildings, stadiums; sheds, storage bins, reviewing and display stands, platforms, towers, walls, fences, swimming pools, gasoline pumps, billboards, satellite dishes, signs, mobile dwellings and satellite antennas.

Any building, or part of a building, that provides working space for artists, dancers, gymnasts, marshal artists, photographers, craftsmen, writers, composers, dressmakers, tailors or computer programmers.

A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.

An establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold as accessory to the primary use. A tavern may include space for music and dancing and the definition includes the term "nightclub."

Any commercial use where retail display is principally outdoors, such as sidewalk sales, or within temporary structures, including tents. Said use is typically seasonal, not a principal part of a commercial establishment operating from the same site and facility year round. Such use shall not include sales held by community-based religious or civic groups or organizations.

A building or part of a building devoted to showing motion pictures or for dramatic, dance, musical, or other live performances.

A structure on which transmitting and/or receiving antenna(s) are located. It may include supporting lines, cables, wires, braces and masts built for the purpose of mounting a telecommunications facility, including telephone service, which is capable of receiving and/or transmitting signals.

A second-single family residence that has been temporarily converted for occupancy by relatives, employees, or guests of the main residence. Such a residence may or may not have an alteration to permit easier living arrangements.

A variance from the area regulations to allow the use of land in a manner otherwise prohibited in the district.

A variance from the use regulations to allow the establishment on a specific lot of a use otherwise prohibited in the district.

A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

A building used primarily for the commercial storage of goods and materials.

A wind generating facility that generates original power on site.

An open, unoccupied space on the lot, plot or parcel of land on which a building stands, which extends the entire length of the front or rear or side lot line.

A yard extending across the principal street side (i.e., front lot line) of a lot measured between the side lot lines, the depth of which yard is the minimum horizontal distance between the street line and the main buildings.

A yard extending across the full width of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the principal building.

A yard between any lot line other than the street line or rear lot line, and a line drawn parallel thereto, and between the front and rear yards.

An area, section, or zone of the Town described on the Zoning Map contained within this chapter, and within which uniform requirements regulate the use of land and the height, bulk, density and setback of structures.

The map delineating the boundaries of the zoning districts that, along with the zoning text, comprise this chapter.