In accordance with the municipality's Master
Plan, and with consideration of the character of the municipality
and its various parts, and the suitability of the various parts for
particular uses and structures, the Borough of Kingston is hereby
divided into zoning districts, differentiated according to permitted
uses and building regulations, as follows:
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Residential R-1
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Residential R-2
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Residential R-3
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Neighborhood Commercial C-1
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Community Commercial C-2
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General Commercial C-3
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Manufacturing M-1
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Floodplain FP-1
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The location and boundaries of said zones are
hereby established as shown on the official Zoning Map of the Municipality
of Kingston, dated 7-11-1977, on file in the office of the Secretary
of the municipality. Said official Zoning Map, together with any map
inserts, is hereby made a part of this chapter as if the same were
all fully described and set forth herein.
A.Â
Designation of zone boundaries. The zone boundary
lines are intended to follow the right-of-way lines of streets and
roads, existing lot and property lines, the mean and/or flood level
of water bodies and Municipal Boundary lines, all as shown on the
Zoning Map; but where a zone boundary line does not follow such a
line, its position is shown on the Zoning Map by a specific dimension
expressing its distance from a street or road line, or other boundary
line as indicated, or by a reference to a contour line delineated
on the United States Geological Survey Maps.
B.Â
Determination of locations of boundaries. In the event
of uncertainty as to the true location of a zone boundary line in
a particular instance, any decision of the Zoning Officer may be appealed
before the Zoning Hearing Board by any affected property owner. It
shall be the duty of the Zoning Hearing Board to render its determination
with respect thereto.
C.Â
Division of lot or parcel in single ownership. Where
a zone boundary line divides a lot or parcel in single ownership at
the time of the passage of this chapter, any use authorized or permitted
in either zone may be extended a distance not to exceed 50 feet beyond
the boundary of the zone in which such use is authorized or permitted.
The phrase "more restrictive uses," as employed
in this chapter, shall mean the following:
A.Â
Those uses permitted in a FP-1 Zone are the most restrictive.
B.Â
All other uses are less restrictive in the order they
are permitted in the zones in the sequence shown: R-1, R-2, R-3, C-1,
C-2, C-3, M-1.
C.Â
Where a use is specifically enumerated in a less restrictive
zone, such use shall not be permitted in a more restrictive zone unless
it is specifically enumerated as a permitted use therein.
Except as provided in this chapter, no building
or part thereof or other structure shall be erected, altered, added
to or enlarged, nor shall any land, buildings, structures or premises
be used, designed or intended to be used for any purpose other than
the uses hereinafter listed as permitted in the zone in which such
building or premises are located.
In the event of annexation or attachment of
the municipality's territory to an adjacent or contiguous municipality
for municipal purposes, the following shall apply: If the annexing
municipality has a zoning ordinance in effect which includes provisions
of due process for rezoning territory that may be annexed to that
municipality, the provisions of the zoning ordinance of the annexing
municipality shall prevail. Notwithstanding the above provision, the
procedure to afford and effect proper protection for zoning purposes
may be as mutually agreed by arbitration or adjudication by and between
both municipalities, or as a condition of annexation.
