Unless the context otherwise requires, the following
definitions shall be used in the interpretation and construction of
this chapter. Words used in the present tense include the future,
the singular number shall include the plural, and the plural the singular;
the word "building" shall include the word "structure;" the word "used"
shall include arranged, designed, constructed, altered, converted,
rented, leased, or intended to be used; the word "shall" is mandatory
and not optional; the word "abut" shall include the words "directly
across from."
As used in this chapter, the following words
shall have the meanings indicated:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building, including but not limited to
garages, carports, storage sheds, animal shelters and runs.
Any person who can show written proof that he has authority
to act for the property owner.
A public thoroughfare which affords only a secondary means
of access to abutting property.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles or trailers in operable
condition and where no repair work is done.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicles trade at retail, and where the following
services may be rendered:
MINOR REPAIR:
Sale and servicing of spark plugs and batteries.
Tire repair and servicing, no recapping.
Replacement of mufflers and tailpipes, water
hose, fan belts, brake and transmission fluids, light bulbs, floor
mats, seat covers (where this shall not be the principal use), windshield
wipers, grease retainers and wheel bearings.
Radiator cleaning and flushing.
Washing and polishing, not including mechanical
and/or automatic car wash establishments.
Installation of fuel pumps and fuel lines.
Minor servicing and replacement of carburetors.
Adjustment and installation of brakes.
Tuning engines, except for grinding valves,
cleaning carbon or removing the head of engines and/or crankcases.
Any similar minor service or repair not listed
below under "major repair."
MAJOR REPAIRIn addition to those repairs and services listed above as "minor repair," any general repair, rebuilding or reconditioning not listed above; collision service, including body, frame or fender straightening or repair; painting or paint shops; mechanical car wash establishments; but not including any operations which require the heating or burning of rubber.
Bakeries which are first permitted in the M-1 District only,
includes such baking establishments which manufacture quantities of
goods for retail elsewhere than on the premises.
A floor level partly or completely below grade. It shall
be considered a story if more than thirty-three and one-third percent
(331/3%) of the perimeter walls of a basement are five feet or more
above grade.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property. When such a structure is divided into separate
parts by one or more unpierced walls extending from the ground up,
each part is deemed a separate "building," except as regards minimum
side yard requirements.
Any building, such as a store group, which is divided into
separate parts by one or more unpierced walls extending from the ground
up.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, elevator penthouses, tanks and similar projections.
A building in which is conducted the principal use of the
building site on which it is situated. In any residential district,
any dwelling shall be deemed to be a principal building on the zone
lot on which the same is located.
A residential cluster shall include an area to be developed
as a single entity according to a plan containing residential housing
units in which the individual lots have a common or public open space
as an appurtenance. Such common or public open space shall be assured
of continued operation and maintenance, either through the dedication
of such area to the municipality, and the municipality's acceptance
thereof, or through the creation of a homeowners' association, or
through the developer's acceptance of such responsibility, including
such legally binding agreements as may be required to achieve such
assurances.
Any vehicle other than a private passenger vehicle, including
trucks, trailers and construction equipment.
Any open, unoccupied area which is bounded by three or more
attached building walls.
Within any large-scale development, the developer may select
a portion of the entire approved large-scale development area to be
developed in stages or phases; any such area shall be considered as
a "development section."
A district or a zone shall be any portion of the territory
of the municipality within which certain uniform regulations and requirements
or various combinations thereof apply under the provisions of this
chapter.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home and as otherwise provided herein.
DWELLING, SINGLE-FAMILYA detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
DWELLING, TOWNHOUSEA townhouse shall include a group of not more than eight single-family attached dwellings separated from each other by common walls, where each unit contains a separate and private entrance to the outside.
DWELLING, GARDEN APARTMENTSA group of rental units, generally under single ownership (but a condominium is not precluded), where there shall not be more than eight dwelling units contained within each structure; such structures containing garden apartment units are generally fewer than four stories in height, although in the municipality they shall not exceed a height of 2.5 stories or 35 feet.
DWELLING, MULTIFAMILYA structure containing three or more dwelling units, including but not limited to garden apartments, condominiums and townhouses.
Any structure which shall contain one or more dwelling units,
not including a hotel, hospital, nursing home, dormitory, fraternity
or sorority house, room house, boarding house or similar structure.
One or more rooms, including a kitchen or kitchenette, and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic light signals,
hydrants and other similar equipment and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare, but not including
buildings.
An individual, or two or more persons related by blood or
marriage, or a group of not more than three persons, who are not related
by blood or marriage, living together as a single housekeeping unit
in a dwelling unit. For the purpose of this chapter, a family will
also include up to four individuals with intellectual disabilities
in need of assistance with basic skills necessary for daily living
and receiving twenty-four-hour-per-day supervision in a community
home owned by a nonprofit organization which has its purpose to enhance
the quality of life and personal growth of client individuals, which
clients may or may not be related by blood or marriage, living together
as a single housekeeping unit in a dwelling unit.
[Amended 10-3-2016 by Ord. No. 2016-6]
For the purposes of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising
or service type of uses, shall mean the gross floor area used or intended
to be used by tenants or for service to the public as customers, patrons,
clients or patients, including areas occupied by fixtures and equipment
used for display or sales of merchandise. It shall not include areas
used principally for nonpublic purposes, such as storage, incidental
repair, processing or packaging of merchandise, for shop windows,
for offices incident to the management or maintenance of stores or
buildings, for toilet or rest rooms, for utilities or for dressing
rooms, fitting or alteration rooms.
A detached accessory building or a portion of a principal
building used only for the storage of automobiles by the families
resident upon the premises; and provided that such garage shall not
be used for storage of more than one commercial vehicle per family,
and such vehicle shall not exceed a one-ton rated capacity.
A structure or portion thereof, other than a private garage,
used for the storage, sale, hire, care, repair or refinishing of automobiles,
not including a structure or part thereof used only for storage or
display of automobiles for other than transients.
The Council of the Municipality of Kingston.
A building designed for occupancy as the temporary residence
of individuals who are lodged with or without meals and in which no
provision is made for cooking in individual rooms or suites.
RESIDENTIALA large-scale residential development shall be planned for a site of not less than one acre.
COMMERCIALA large-scale commercial development shall be planned for a site of not less than three acres.
MANUFACTURINGA large scale manufacturing development shall be planned for a site of not less than 10 acres.
Any establishment within the Municipality of Kingston where
articles of apparel are brought in by the customer to be washed and/or
dried and the washing and drying are done by the employees of the
establishment and then the articles of apparel are taken away by the
customer.
[Added 2-11-1985]
A highway designed in such a manner so as to provide no direct
access to properties abutting its right-of-way and including all highways
designated as limited-access highways as adopted by the Planning Commission.
The computed area contained within the lot lines and the
ultimate right-of-way line. The area within the right-of-way shall
not be computed as part of the lot area.
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 lot lines is the corner.
The mean horizontal distance between the front and the rear
lot lines.
The property lines bounding the lot.
LOT LINE, FRONTThe ultimate right-of-way line of the street or road.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line."
LOT LINE, STREET OR ALLEYA lot line separating the lot from a street or alley.
The mean width of the lot measured at right angles to its
depth; such a line along which this minimum lot frontage shall be
measured at a point which shall coincide with the building setback
or front yard line.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having frontage on a public street.
A series of attached or semiattached dwelling structures
where each unit has convenient access to parking space for the use
of the unit's occupants. The units, with the exception of the manager's
office or caretaker's unit, are designed to provide sleeping accommodations
for automobile transients or overnight guests.
The Municipality of Kingston.
The net land area of any development parcel shall include
only the area contained within the property line and the ultimate
right-of-way line. The area within the right-of-way (public right-of-way
or other thoroughfare) shall not be computed as part of the "net land
area."
Any zone lot in single ownership, where the owner of said
lot does not own any adjoining property, the subdivision of which
could create one or more conforming lots, which does not conform with
the minimum area and/or dimensions required in the district where
such lot is situated or for any special use, as the case may be.
A sign or structure, the design or size of which does not
conform to the regulations of this chapter for the district in which
it is located.
A building, structure or premises legally existing and/or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which it is located. A nonconforming use is not intended to include the nonconformance standards specified in Article VI hereof. A zoning permit will be required for a change of use only when a use is proposed to be changed to a less restrictive use, as set forth in § 181-12 hereof.
Any premises with fewer than 15 sleeping rooms where persons
are lodged and furnished with meals and nursing care.
An open area for the same uses as a private garage, and regulated
as a private garage.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public whether
for a fee, free or as an accommodation for clients or customers.
The Planning Commission of the Municipality of Kingston.
The office of a member of a recognized profession. When conducted
in a residential district, a "professional office" shall be incidental
to the residential occupation, shall be conducted by a member of the
residential family entirely within a residential building and shall
include only the offices of doctors or physicians, dentists, optometrists,
ministers, architects, landscape architects, professional engineers,
lawyers, artists, authors, musicians and such other similar professional
occupations which may be so designated by the Zoning Hearing Board
upon finding by the Board that such occupation is truly professional
in character by virtue of the need for similar training and experience
as a condition for the practice thereof and that the practice of such
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone to a greater extent than
for the professional activities listed herein. The issuance of a state
or local license for regulations of any gainful occupation need not
be deemed indicative of professional standing.
Public schools, parks and administrative, cultural and service
buildings, but not including public land or buildings devoted primarily
or solely to the storage and maintenance of equipment and material.
[Added 7-7-1986]
RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATE, NONCOMMERCIALClubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such organization.
RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by the municipality, any other governmental entity or any nonprofit organization and open to the general public.
A street, between two intersecting streets, upon which an
R District abuts or where 50% or more of the abutting street frontage
is in predominantly residential use.
A building containing a single dwelling unit and rooms for
the rooming and/or boarding of at least three persons, but not more
than 25 persons by prearrangement for definite period of not less
than one week.
Any detached dwelling not designed for year-round use by
virtue of the absence of central heating and similar facilities.
Churches, Sunday schools, parochial schools, colleges, hospitals
and other institutions of an educational, religious, charitable or
philanthropic nature.
[Added 7-7-1986]
Any street, the length of which shall be not more than 50%
of the length of the largest street line of the municipality's blocks
of which it is part.
A name, identification, description, display or illustration
which is affixed to or painted or represented directly or indirectly
upon a building structure or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization
or business. 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 a nation,
state, county, municipality, school or a religious group. A "sign"
shall not include a sign located completely within an enclosed building
except for illuminated or animated signs within show windows. Each
display surface of a "sign" shall be considered to be a "sign."
A sign which directs attention to a business or profession
conducted or to a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when such sign is in use. For the purpose of this chapter, any revolving,
illuminated sign shall be considered a "flashing sign."
The entire area (including both sides) within a single continuous
perimeter enclosing the extreme limits of such and in no case passing
through or between any adjacent elements of same. However, such perimeter
shall not include any structural or framing elements lying outside
the limits of such sign and not forming an integral part of the display.
A use which, because of its unique characteristics, requires individual consideration in each case by the Planning Commission and the Zoning Hearing Board, as specified in Article IX, before it may be permitted in the district enumerated in Article IV. In accordance with the provisions of this chapter, the Planning Commission and the Zoning Hearing Board may require certain conditions and safeguards before such a use is permitted.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
above it.
STORY, HALFA partial story under gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story shall not be used for residence purposes, other than for a janitor or caretaker or his family.
STORY, FIRSTThe lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.
A public or private thoroughfare not less than 30 feet in
width, if in existence prior to the passage of this chapter, nor less
than 50 feet in width if established subsequent to the passage of
this chapter which affords the principal means of access to abutting
property, including avenue, place, way, drive, lane, boulevard, highway,
road and any other thoroughfare except an alley.
Any change in the structural members of a building, such
as walls, beams, columns or girders.
The full width of the road designated by the governing body
to be the minimum required width of any public right-of-way.
The Zoning Hearing Board is authorized departure to a minor
degree from the terms of this chapter in direct regard to hardship
peculiar to an individual lot in accordance with the procedures set
forth in this chapter.
An open space, as may be required by this chapter, of uniform
width or depth on the same lot with a building or a group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward except as herein permitted.
YARD, FRONTAn open space extending the full width of the lot between the front of the building and the ultimate right-of-way line unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.
YARD, REARAn open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, which shall, exclusive of an eighteen-inch eve, not be less than five feet.
The Zoning Hearing Board of the Municipality of Kingston.
The Zoning Map or Maps of the Municipality of Kingston, Pennsylvania,
dated 7-11-1977, together with all amendments subsequently adopted.
The administrative officer, appointed under the provisions
of the Administrative Code,[1] or his authorized representative who shall administer
and enforce the provisions of the Zoning chapter.
[Amended 7-7-1986]
