Municipality of Kingston, PA District Regulations

Existing zone lots of record. In any R District only a single-family detached dwelling may be erected on a nonconforming zone lot of official record at the effective date of this chapter, irrespective of its area or width, the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with the subject zone lot; provided, however, that no lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots; and provided, further, that on any nonconforming lot, no side yard shall be less than five feet, nor shall any side yard adjoining a side street be less than 10 feet; and provided, further, that the rear yard of any such lot shall, in no case, be less than 10 feet, and the front yard shall be as required in Subsection C(2) hereof.

Minimum lot sizes where there is no public water or sewer. Unless the regulations of the district in which they are located or other state or local regulations require greater lot areas or lot widths, the following regulations shall apply:

Not served by public water or sewer. The minimum lot area per dwelling unit shall be not less than 20,000 square feet nor less than 100 feet in width at the front lot line when such lot is not served by a public water or sanitary sewer system and, provided, further, that any dwelling erected yard and coverage requirements as specified in any R-1 District.

Not served by public sewer. Lots served by a public water system and an individual on-lot sewage disposal system, such as a cesspool or septic tank, shall not be less than 10,000 square feet in area per dwelling unit nor less than 100 feet in width at the front lot line and shall be in accordance with the following yard and coverage requirements:

[1]

Minimum lot depth: 100 feet.

[2]

Minimum front yard: 25 feet.

[3]

Minimum side yard [one]: 10 feet.

[4]

Minimum side yard (both): 25 feet.

[5]

Maximum lot coverage: 25%.

(3)

Lot frontage. The minimum lot frontage of any lot shall be measured along the minimum building setback line as required for the district where located. The width of any lot in any district, except C and M Districts, shall not be less than 30% of the depth of said lot at the front lot line; provided, however, that no lot need exceed a depth of 300 feet, nor shall any lot be less than 50 feet along the front lot line.

(4)

Corner lots. At all street intersections, no obstructions to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 30 feet distant from their points of intersection.

(5)

Through lots. Where a single lot under individual ownership extends from a street to an alley, the widest street shall be deemed the street upon which the property fronts, and no principal structures and no dwelling shall be erected on the rear of such a lot.

(6)

Required area or space cannot be reduced. The area or dimension of any zone, lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and if already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.

Height regulations.

General application. No building or structure shall have a greater number of stories than are permitted in § 181-15 hereof, provided, further, that the aggregate height of such buildings or structures shall not exceed the number of feet permitted in § 181-15, except as follows:

Permitted exceptions.

Height limitations stipulated elsewhere in this chapter shall not apply to open amusement areas, barns, silos, schools, church spires, belfries, cupolas and domes, monuments, water towers, utility poles, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials or to parapet walls extending not more than four feet above the limiting height of the building.

In any district other than the R-1 or R-2 Districts, a building may be permitted to exceed the height limit of the district where it is to be located and be erected up to a height of not more than five stories or 60 feet, whichever is less, provided that it can be shown that adequate fire protection will be available and that such modification shall be approved by the Zoning Hearing Board upon the review and approval of the Planning Commission, only in accordance with the procedures established for the approval of a special exception.

Yard regulations.

Side yards.

Side yard width may be varied. Where the sidewall of a building is not parallel with the side lot line or is broken or irregular, the side yard may be varied. In such cases, the average width of the side yard shall not be less than the otherwise-required minimum width; provided, however, that such side yard shall not be narrower at any point than one-half (1/2) the otherwise-required minimum width.

Side yard of corner lot. The side street setback line of any corner lot as it existed at the time of adoption of this chapter, or any corner lot shown on any subdivision plat which received final approval prior to the adoption of this chapter, shall not be less than one-half (1/2) of the depth of the minimum front yard required on any adjoining lot fronting on a side street. Any corner lot delineated by subdivision after the adoption of this chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street.

Front yard exception.

In any area designated for residential use, the front yard depth for any residential building hereafter erected shall be the average of the front yard depths of the lots immediately adjoining on each side, provided that such adjoining lots are improved with principal buildings situated within 200 feet of the joint side property line, but where said immediately adjoining lots are not both so improved, then the depth of the front yard of any building hereafter erected shall be not less than the average depth of the front yards of all improved lots in the same block front within 200 feet on each side thereof, provided that no dwelling shall be required to be set back more than 60 feet and shall not be less than 10 feet.

In any area designated "for commercial use," the front yard setback of any building or other structure hereafter erected shall be the average of the front yard depths of the lots immediately adjoining on each side, provided that such adjoining lots are improved with permanent commercial buildings constructed of fire-resisting materials situated within 100 feet of the joint side property line, but where said immediately adjoining lots are not both so improved, then the depth of the front yard of any building hereafter erected shall not be less than the average depth of the front yards of all lots within 100 feet on each side thereof, which are improved as described above.

(3)

Front yard of corner lot. The front yard of any corner lot shall be established on the wider of the two streets abutting said lot, except where the widths of the two abutting streets are equal, then the front yard may be established on either street.

(4)

Projections into required yards. Minimum side yard requirements shall be determined by measuring the distance between the foundation wall and property line, however, certain architectural features may project into required yards as follows:

Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width but may not exceed a total of three feet.

Bay windows, balconies, fireplaces and chimneys may project a distance not exceeding three feet from foundation wall, provided that such features do not occupy, in the aggregate, more than one-third (1/3) of the length of the building wall on which they are located.

(c)

Open ground-level patios to be used solely for recreational purposes may be located in side yards, provided that they are not closer than three feet to any adjacent property line. If located closer than eight feet to property line, they shall be screened in accordance with the provision of § 181-16G(1) hereof. In case of a corner lot, no enclosed patios shall extend into the side yard adjoining such side street.

(d)

Fencing and/or walls of any type shall only be permitted from rear portion of the principal structure extended to each side yard and to rear property line and shall not exceed a height of six feet. All masonry and/or block walls shall have approximately a twenty-five-percent opening space minimum. The height of the fence shall be determined at a vertical line at the natural contour of the land.

[Amended 9-11-1978]

(e)

Hedging and/or shrubs shall be permitted around the entire property. Said hedging shall not exceed a height of six feet as mentioned in other sections of the chapter; save that said hedging extending from the front line of the structure proper to the inside edge of the sidewalk shall not exceed a height of 24 inches.

Maximum coverage. Land coverage by principal and accessory buildings or structures on each zone lot shall not be greater than is permitted in § 181-15 or other pertinent sections of this chapter.

Number of buildings restricted. There shall be not more than one principal dwelling structure nor more than two accessory structures, including a private garage, on each residential zone lot, except as otherwise provided in § 181-19 for dwelling groups and seasonal or transient dwelling facilities.

Accessory structures.

Maximum permitted height. One and one-half (11/2) stories or 15 feet.

Minimum yard regulations.

Unattached accessory structures in R Districts. Accessory structures which are not attached to a principal structure may be erected within one of the side yards or within the rear yard in accordance with the following requirements:

[1]

Front yard: 75 feet.

[2]

Side yard (interior lot): five feet.

[3]

Side yard (corner lot): same as for principal structure.

[4]

Rear yard: not less than five feet, except where property abuts an alley, in which case 10 feet shall be required.

[5]

Not closer to a principal structure than 10 feet.

[6]

Storage sheds of 100 square feet or less, no higher than eight feet, and not to exceed 12 feet in either width or depth, and without any utilities, are permitted not less than two feet from any rear or side yard property line, except where property abuts an alley or roadway, in which case 10 feet shall be required.

[Added 6-6-1988]

Attached accessory structures in R Districts. When an "accessory structure or use," as defined in § 181-8, is attached or unattached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.

(c)

Nondwelling accessory structures in other districts. Nondwelling accessory structures shall comply with front and side yard requirements for the principal structure to which they are accessory and shall be not closer to any rear property line than 10 feet.

General landscaping regulations.

Enclosed uses. Any enclosed use, as may be required by this chapter to be landscaped in accordance with this subsection, shall provide a fence or visual screen consisting of evergreen or evergreen-type hedges or shrubs, maximum height of six feet, spaced at intervals of not more than six feet, located and maintained in good condition within minimum five feet of the property line adjoining or abutting an R District.

[Amended 9-11-1978]

Unenclosed uses. Any use which is not conducted within a completely enclosed building, except for nurseries, and the display for sales purposes of new or used cars, trucks, trailers or farm equipment, in operative condition, shall be entirely enclosed by a fence maintained in good condition or evergreen-type hedges or shrubs spaced at intervals of not more than six feet. Said areas shall be surfaced with an asphaltic or cement binder pavement or similar durable and dustless material which shall be so graded and drained as to dispose of all surface water accumulated within the area without causing adverse conditions on abutting properties and streets.

Miscellaneous building regulations.

Unenclosed M uses. All M uses which are not conducted wholly within a completely enclosed building shall be not less than 100 feet distant from any R District.