A.
Outdoor recreation facilities.
(1)
Such uses shall include golf courses, ice-skating
rinks, swimming pools, tennis courts and amusement parks.
(2)
Unenclosed recreational facilities shall be located not less than 25 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining dwelling uses in accordance with the provisions of § 181-16G(2).
(3)
Illuminated signs and other lights shall be directed
away or shielded from adjoining residential properties in such a way
as not to disturb the occupants thereof.
(4)
No public address system is permitted, except where
such system will not be audible at any property line.
(5)
Private swimming pools, permanent and portable, which
shall be accessory to a principal noncommercial dwelling use shall
be regulated as follows, except that these regulations shall not apply
to portable swimming pools which shall be not more than three feet
in height nor more than eight feet in length:
(a)
May be erected only on the same zone as the
principal structure.
(b)
May be erected only in the rear yard of such
structure and shall be distant not less than five feet from rear lot
lines nor less than five feet from any side yard, principal structure
or accessory structure attached thereto excepting principal structures
with approved zero side yard setback(s). The distance from the side
yard with zero structure setback shall be no less than three feet.
[Amended 2-20-1989]
(c)
The pool is intended and is to be used solely
for enjoyment of the occupants of the principal use of the property
on which it is located, and their guests, and no fee shall be charged.
(d)
The swimming pool, or the entire property on
which it is located, shall be so walled or fenced as to prevent uncontrolled
access by children from the street or from adjacent properties, said
wall or fence to be not less than four feet nor more than six feet
in height and maintained in good condition. The height of the fence
shall be determined at a vertical line at the natural contour of the
land.
[Amended 9-11-1978]
(e)
In the installment of all permanent-type swimming
pools, the existing grade shall not be increased more than six inches.
(f)
All pumping, cleaning, filtering and screening
devices and water supply and discharge shall be of a type and source
approved by local and/or state health department authorities.
B.
Adult entertainment.
[Added 9-13-1993 by Ord. No. 1993-12]
(1)
The Town Council of the Municipality of Kingston hereby
declares the purpose of this amendment is to regulate the operation
of B.Y.O.B. clubs and adult-related activities in order to preserve
the residential character of neighborhoods and to protect the rights
of its citizens to the quiet enjoyment of the same. It is the express
purpose of this chapter to strike a balance between the constitutional
rights of the owners and patrons and the constitutional rights of
the residents of the Municipality of Kingston.
(2)
ADULT BOOKSTORE
ADULT ENTERTAINMENT CLUB
ADULT MOTION-PICTURE THEATER
ALCOHOLIC BEVERAGES
CLUB
CONDUCT ANY ADULT BUSINESS
(a)
(b)
(c)
(d)
(e)
ENTERTAINMENT
OPERATOR
RESIDENTIAL ZONE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
The following words or phrases, when used in this
chapter, unless the context clearly indicates otherwise, shall have
the meanings ascribed to them in this section:
An establishment having, as a major portion of its stock-in-trade,
magazines and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual
areas or anatomical areas, or an establishment with a segment or section
devoted to the sale or display of such material.
A cabaret which features go-go dancers, exotic dancers, strippers,
male or female impersonators or similar entertainers. (Note: This
is an exception to the sexual activities/anatomical area rules.)
An enclosed building, with a capacity of 50 or more persons,
or an outdoor drive-in movie theater, used for presenting material
distinguished or characterized by an emphasis on matters depicting,
describing or relating to sexual activities or anatomical areas, for
observation by patrons therein.
Any and all beverages, including malt beverages, which contain
alcohol, liquor or such other intoxicating substances as are further
defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101,
et seq.
(otherwise known as "bring-your-own-bottle clubs") Any business
facility such as a dance hall, club, association or entity not licensed
by the Pennsylvania Liquor Control Board, wherein patrons 21 years
of age and older may, after payment of a fee, cover charge or membership
fee, consume alcoholic beverages which said patrons have carried onto
the premises. The definition does not include a facility which is
rented for a limited period of time, not to exceed 12 hours, by an
individual or an organization for the purpose of a private party in
which alcoholic beverages are carried onto the premises.
Any person who does any one or more of the following shall
be deemed to be conducting an adult business:
Operates a cash register, cash drawer or other
depository on the adult business premises where cash funds or records
of credit card or other credit transactions generated in any manner
by the operation of the establishment or the activities conducted
therein are kept;
Displays or takes orders from any customer for
any merchandise, goods, entertainment or other services offered on
the adult business premises;
Delivers or provides to any customer any merchandise,
goods, entertainment or other services offered on the adult business
premises;
Acts as a door attendant to regulate the entry
of customers or other persons into the adult business premises; and
Supervises or manages other persons in the performance
of any of the foregoing activities on the adult business premises.
Any act or performance, such as a play, skit, reading, revue,
pantomime, scene, song, dance, musical rendition or striptease, whether
performed by employees, agents, contractors or customers. The term
"entertainment" shall also mean bartenders, waiters, waitresses or
other employees exposing "specified anatomical areas" or engaging
in "specified sexual activities" in the presence of customers.
The manager or other natural person principally in charge
of an adult business regulated in this section.
Those classes of residential zones specified in the Municipality
of Kingston Zoning Ordinance.
(3)
Special uses: B.Y.O.B. clubs or adult business. The
following uses shall only be permitted as special exception uses in
an M-1 and C-3 Zoning District, and the requirement for a special
exception use in said Districts shall be in addition to all other
requirements of this chapter and all amendments thereto, and shall
be in addition to all other requirements of all other applicable ordinances.
(a)
Book sales and magazine sales, where either
the advertising or the displays or signs in or out of the location
offer written materials showing specified sexual activities or specified
anatomical areas. This does not apply to the availability for sale
of any material displayed in such a way that only the name of the
book or magazine appears.
(b)
Movie theaters or outdoor drive-in movie theaters
offering movies or other displays showing specified sexual activities
or specified anatomical areas.
(c)
Any type of theater or establishment offering
any kind of show emphasizing specified sexual activities or specified
anatomical areas.
(d)
Any coin-operated devices and any place offering
coin-operated devices which show specified sexual activities or specified
anatomical areas.
(e)
Any cabaret, club or tavern offering any entertainment
showing specified sexual activities or specified anatomical areas.
(f)
Any B.Y.O.B. club or entity.
(g)
Massage establishments in which the exposing
of specified anatomical areas by operators, employees or patrons occurs
or which is not under the control and supervision or on the premises
of a Pennsylvania licensed physician, chiropractor or physical therapist.
[Added 9-2-2003 by Ord. No. 2003-1]
(4)
Prohibited acts; construal of provisions.
(a)
It shall be unlawful for any person or persons
who own, operate, lease, manage or control a B.Y.O.B. club or conduct
any adult business to:
[1]
Transact business without possessing a valid
club permit; or
[2]
Own, operate or conduct business that is located
within 300 feet of the following:
[Amended 9-2-2003 by Ord. No. 2003-1]
[a]
A church.
[b]
A public or private elementary
or secondary school.
[c]
A nursery school, kindergarten,
child-care center, day nursery or day-care center.
[d]
A university, college, vocational
or business school.
[e]
A boundary of any residential district.
[f]
A public park adjacent to a residential
district.
[g]
The property line of a lot devoted
to any residential use.
(b)
For the purpose of this section, owner or owners
shall mean the proprietor if a sole proprietorship, all partners (general
and limited) if a partnership, or all officers, directors and person
holding 10% of the outstanding shares if a corporation.
(c)
For the purposes of this section, measurements shall be made in a straight line, from the nearest portion of the building structure used as a part of the premises of a regulated use to the nearest property line of any uses listed in Subsection B(4)(a)[2] of this section.
(d)
The regulations in this Zoning Code of B.Y.O.B.
clubs, adult bookstores, adult motion-picture theaters and nude live
entertainment clubs are intended to be land use controls meant to
regulate the harmful secondary effects of such uses only, and shall
not be construed as being intended to limit access by adults to sexually
oriented material, activity or expression protected by the First Amendment
of the United States Constitution.
(5)
Signage; severability.
(a)
The owner or operator of an adult entertainment
use may erect, construct and maintain signs allowed by and conforming
with the Municipality of Kingston's Zoning Ordinance. No signs shall
contain photographs, silhouettes, drawings or pictorial representations
of any manner, and may contain only the name of the regulated establishment.
(b)
If any section, subsection, clause or any portion
of the regulations in this Zoning Code regulation B.Y.O.B. clubs,
adult bookstores, adult motion-picture theaters and nude live entertainment
clubs is held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this code regulating such
cases.
(6)
In the event that any of the unlawful activities specified
herein is conducted by or in the name of a corporation, partnership,
joint venture, trust, firm or association, such corporation, partnership,
joint venture, trust, firm or association shall be deemed in violation
of this chapter, as well as the person or persons engaged in the unlawful
activity.
(7)
The unlawful activities specified herein shall constitute
separate and distinct offenses for each and every day in which said
activities are conducted.
(8)
Permit application; issuance; fee.
(a)
Any person or persons desiring to operate or
continue to operate a B.Y.O.B. club or adult business shall file with
the Code Enforcement Officer of the Municipality of Kingston an application
for a B.Y.O.B. club or adult business permit, which application shall
include the following information: the name and address of the B.Y.O.B.
club or adult business; a statement whether the business premises
is leased or owned by the B.Y.O.B. club or adult business; the name
and address of the lessor of the business premises, if applicable;
the nature of the ownership of the B.Y.O.B. club or adult business,
i.e., corporate, partnership, joint venture, association; the names
and addresses of the officers and/or agents of the B.Y.O.B. club or
adult business; the names and addresses of any and all persons who
possess an ownership and/or financial interest in the B.Y.O.B. club
or adult business; and a notarized affidavit that the applicant has
obtained all applicable licenses and paid all applicable taxes and
fees for operating such a club or adult business.
(b)
The Code Enforcement Officer shall determine
whether the B.Y.O.B. club or adult business fully and completely complies
with the provisions and requirements of this chapter within 10 days
following the date on which the application is received. If the Code
Enforcement Officer determines that the applicant fully and completely
complies with the provisions hereof, the Code Enforcement Officer
shall issue the proper permit. If the Code Enforcement Officer determines
that the applicant does not fully and completely comply with the provisions
hereof, the Code Enforcement Officer shall deny the issuance of the
permit and shall furnish written evidence of the same to the applicant,
together with the reason(s) for the denial.
(c)
The club shall pay an administrative fee of
$500 for the permit, which shall be effective for a period of one
year following the date of issuance. The Municipality of Kingston
reserves the right to revoke the permit upon failure of the club or
business to fully and completely comply with the provisions of this
and other applicable ordinances in the Municipality of Kingston.
(9)
Any person, partnership or corporation who or which
shall violate the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
municipality, pay a judgment of not more than $500, plus all court
costs, including reasonable attorney fees incurred by the municipality
as a result thereof. Enforcement shall further be in accordance with
Section 617.2 of the Pennsylvania Municipalities Planning Code, Act
247 of 1968, as amended,[1] and all civil judgments collected for the violation of
this chapter shall be paid over to the Municipality of Kingston.
[1]
Editor's Note: See 53 P.S. § 10617.2.
C.
Prohibition of the location of methadone treatment
facilities in certain locations.
[Added 10-2-2000 by Ord. No. 2000-5]
(1)
Location restrictions.
(a)
Notwithstanding any other provision of law to the contrary and except as provided in Subsection C(2), a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.
(b)
The provisions of this subsection shall apply
whether or not an occupancy permit or certificate of use has been
issued to the owner or operator of a methadone treatment facility
for a location that is within 500 feet of an existing school, public
playground, public park, residential housing area, child-care facility,
church, meetinghouse or other actual place of regularly stated religious
worship established prior to the proposed methadone treatment facility.
(2)
Notwithstanding Subsection C(1), a methadone treatment facility may be established and operated closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the governing body votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet to a school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.
(3)
This section shall not apply to a methadone treatment
facility that is licensed by the Department of health prior to May
15, 1999.
(4)
As used in this section, the term "methadone treatment
facility" shall mean a facility licensed by the Department of Health
to use the drug methadone in the treatment, maintenance or detoxification
of persons.
A.
Community buildings, clubs, social halls, lodges,
fraternal organizations and similar uses.
(1)
All buildings shall be a minimum of 20 feet from any
property line, except where greater distances are otherwise required
herein.
(2)
In R Districts, where permitted, there may be included
retail sales for guests only.
(3)
All applications for such uses in R Districts shall
demonstrate to the satisfaction of the Zoning Hearing Board that the
proposed use will serve primarily the residents of the surrounding
neighborhood and that said use cannot satisfactorily be located elsewhere
to serve said neighborhood.
B.
Essential services; enclosed or permanent structures.
Such uses shall include facilities for sewage treatment, electric
substations, transformers, switches and auxiliary apparatus serving
a distribution area in R District and shall be subject to the following
regulations:
(1)
Such facility shall not be located on a residential
street, unless no other site is available, and shall be so located
as to draw a minimum of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility
may not adversely affect the character of the surrounding residential
area.
(3)
Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 181-16G.
(4)
Noise emitted from electric substations shall not
be greater than permitted in accordance with the performance standards
set forth herein.
C.
Fire and police stations. Such facilities shall be
permitted in all R Districts, provided that such facility is necessary
to serve the surrounding area.
D.
Hospitals, churches or other religious or philanthropic institutions. All such uses shall be located on a public street which shall have a pavement width of not less than 38 feet and shall maintain a minimum ten-foot-wide landscaped strip, in accordance with the provisions of § 181-16G, on all property lines abutting R Districts and all residential streets. Such uses shall not be located or designed in such a manner as would be detrimental to the privacy, convenience and property values of nearby residential developments.
E.
Day care.
[Amended 2-11-1985; 5-6-1985]
(1)
ARTERIAL STREET
DAY-CARE CENTER
FAMILY DAY-CARE HOME
GROUP DAY-CARE HOME
USABLE AREA
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Market Street from the Market Street bridge to Market and
Sprague, Wyoming Avenue in its entirety, Pierce Street in its entirety,
Union in its entirety and Rutter Avenue from Pierce Street to the
Cross Valley Expressway.
A facility in which care is provided for seven or more children
at any one time, where the child-care areas are not being used as
a family residence.
Any premises other than the child's own home, operated for
profit or not for profit, in which child day-care is provided at any
one time to four, five or six children, who are not relatives of the
caregiver.
A facility in which care is provided for more than six but
fewer than 12 children at any one time, where the child-care areas
are being used as a family residence.
An area that is used exclusively for the facilities of child-care
purposes, including all space indoors and outdoors. In a multipurpose
building, space other than that used for the care of children cannot
be used to satisfy space requirements.
(2)
The above-defined day-care facilities must hold an
approved Pennsylvania Department of Public Welfare (DPW) registration
certificate or license, as appropriate, and meet all current Department
of Public Welfare regulations, including those standards governing
adequate indoor space, accessible outdoor play space and any applicable
state or local building and safety codes.
(3)
All day-care homes and facilities shall be fully protected
by approved smoke detectors and fire extinguishers in good working
condition.
(4)
Family day-care homes and group day-care homes may
locate in any district, subject to the standards in that particular
district for a single-family residence and the following additional
safeguards, whichever is more restrictive:
(a)
Parking. In addition to the particular district's
parking requirements, there shall be one additional off-street parking
space provided for each nonresident employee and one safe-passenger
unloading space measuring at least ten by twenty (10 x 20) feet.
(b)
Off-premises play area. When an off-premises outdoor play area is used, it must be located within one-half (1/2) mile and safely accessible without crossing at grade any arterial street or other hazardous area. [See the definition of "arterial street" in § 181-18E(1).]
(c)
Fencing. The requisite outdoor play area shall be surrounded by a four-foot-minimum safety fence or barrier equivalent. [See § 181-16C(4)(d).]
(d)
Hours. Outside play shall be limited to the
hours between 8:00 a.m. and 7:00 p.m.
(5)
Day-care centers may locate in any district, subject
to the regulations of that zoning district and the following additional
standards, whichever is more restrictive:
(a)
Parking. There shall be one off-street parking
space provided for each employee and one safe-passenger unloading
space measuring ten by twenty (10 x 20) feet for each 10 children
that the facility is licensed to accommodate.
(b)
Off-premises play area. When an off-premises
outdoor play area is used, it must be located within one-half (1/2)
mile and safely accessible without crossing at grade any arterial
street or other hazardous area.
(c)
Fence. The outdoor play area required by state licensing shall be surrounded by a minimum four-foot safety fence or barrier equivalent. [See § 181-16C(4)(d).]
(d)
Play area setback. No portion of the outside
play area shall be less than 50 feet from an existing occupied dwelling
without the dwelling owner's written consent being obtained and filed
with the municipality.
(e)
Hours. Outside play shall be limited to the
hours between 8:00 a.m. and 7:00 p.m.
(f)
Signs. Any sign shall comply with regulations
applicable to signs.
(g)
Usable area. The minimum usable area shall provide
no less than 300 square feet per child. This shall be computed using
the maximum license capacity of the facility, i.e., 30 children require
9,000 square feet.
(6)
Municipal officials reserve the right to make periodic
but at least semiannual inspections to ensure continued compliance
with all state and municipal requirements. All existing facilities
shall register with the office of the Code Enforcement Officer within
30 days of the effective date of this chapter, providing the location
of their principal operating facility and the location of off-site
recreational facilities, if any. New facilities will be required to
provide this information prior to the issuance of an occupancy permit.
(7)
Facilities using municipal recreational facilities
will provide insurance binders in the amount specified by the municipality.
F.
Private nurseries and kindergartens.
[Added 5-6-1985]
(1)
A private nursery school or kindergarten exists when
five or more children from three through six years of age are gathered
regularly for the purpose of developing intellectual, emotional, physical
and social skills and the operator possesses a valid license issued
by the Pennsylvania Department of Education's State Board of Private
Academic Schools.
(2)
The private nursery or kindergarten must also meet
any applicable state and municipal building and fire safety codes.
(3)
The private nursery or kindergarten shall be permitted to locate in any zoning district if it complies with all zoning regulations governing day-care centers (see § 181-18E), with the exception of licensing by the Department of Public Welfare.
(4)
Municipal officials reserve the right to make periodic
but at least semiannual inspections to ensure continued compliance
with all state and municipal requirements.
A.
Two-family, multifamily and garden apartment dwellings.
(1)
All two-family, garden apartment, townhouses and other
multifamily development sites shall be provided with an existing or
approved public and/or community-type water supply and sanitary sewer
system approved by appropriate local and state health authorities
having jurisdiction.
(2)
Minimum lot area, coverage and yard requirements.
(a)
Two-family dwellings. The minimum lot area per dwelling unit shall be as specified in § 181-15 hereof for the zone district where situated, except that in zones designated R-1, the minimum lot area per dwelling unit shall be not less than 4,000 square feet. Minimum frontage, depth, yards and maximum coverage shall be as specified for the zone district where situated.
(b)
Multifamily and garden apartments.
[1]
Minimum lot size. Multifamily or garden apartment,
townhouse development shall not be erected on a zone lot of less than
18,000 square feet. The minimum width of such a lot shall not be less
than 150 feet at the front property line.
[2]
Maximum lot coverage. The land area covered
by buildings, garages and other accessory structures shall not exceed
an aggregate of 25% of the lot area.
[3]
Yards.
[a]
Front yard. No structure, other
than townhouse, shall be located nearer to a front street property
line than 50 feet, except as specified for townhouses, etc.
[b]
Rear yard. No structure shall be
located nearer to a rear property line than 50 feet.
[c]
Side yard. No structure shall be
located nearer to a side property line than 30 feet.
[d]
A building wall exposing both windows
and an entranceway shall be located not closer to another building
than a distance equal to the height of the taller building of the
two, but in no case less than 50 feet.
[e]
A building wall exposing only windows
or only an entranceway shall be located no closer to another building
than a distance equal to the height of the taller building of the
two, but in no case less than 25 feet.
(3)
Maximum number of dwelling units. Garden apartments
shall not exceed eight dwelling units per structure.
(4)
Permanent open space. In addition to the yard, setback
and off-street parking requirements of this chapter, there shall be
provided a minimum of 10% of the gross area of the site to be permanently
set aside for open recreation area, which shall be for the common
use of the residents thereof.
B.
Motels, motor courts, motor hotels and similar uses.
(1)
Such uses shall have a minimum area for each unit
of occupancy of 150 square feet and shall include a minimum of one
bedroom and an enclosed bathroom containing a bathtub or shower, commode
and lavatory and be supplied with hot and cold running water.
(2)
Illuminated signs and other lights shall be directed
away from or shielded from adjoining residential properties in such
a way as not to disturb the occupants thereof.
(3)
Such uses shall be located on a public street having
a pavement width not less than 38 feet and shall provide ingress and
egress so as to minimize traffic congestion.
A.
Bakeries. Bakeries first permitted in any C-1 District
shall be located no closer to an R District than 50 feet, and goods
produced on the premises shall be sold only at retail on the premises.
B.
Drive-in eating and drinking places. Such businesses
where persons are served in automobiles shall be not closer than 200
feet to an R District and shall be located on a public street having
a pavement width of not less than 38 feet and shall provide ingress
and egress so as to minimize traffic congestion.
C.
Retail sales for guests only. Where such uses are
permitted, the following shall apply:
(1)
There shall be no external evidence of any gainful
activity, however incidental, nor any access to any space used for
gainful activity, other than from within the building.
(2)
There shall be no harm to adjoining, existing or potential
residential development due to excessive traffic generation or noise
or other circumstances.
D.
Retail uses in M-1 District. Such uses shall be permitted
only where the applicant proves that such use is or will be necessary
to serve manufacturing uses and shall not adversely affect the industrial
development of adjoining land. Where such uses are permitted, the
minimum lot size requirement shall be 10,000 square feet.
E.
Manufacturing uses. Manufacturing uses in any M-1 District shall, when abutting an R District, be screened from such district in accordance with the provisions of § 181-16G(1) and (2).
[Added 11-25-1985]
A.
Purpose and intent. The purpose and intent of the
adoption and enforcement of the terms and provisions of this section
is to provide for the preservation of the character, appearance and
residential integrity of the various residential districts located
within the Municipality of Kingston and to promote and protect the
general welfare, health, safety and well-being of the residents thereof.
B.
OUTDOOR FLEA MARKET
PERSON
RESIDENTIAL R-1, R-2 AND R-3 DISTRICTS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A sale or exchange of tangible personal property, of every
kind and description, or for services or repairs to such personal
property conducted at a location where there are multiple vendors
who have paid a fee or charge, or who have been allowed to occupy
outdoor space without charge, for the privilege and purpose of displaying
or selling items of tangible personal property or furnishing services
or repairs thereto, all for a price or consideration, where such conduct
is available to the general public.
Any individual, partnership, corporation, association or
group, or any other similar institution, whether conducted for profit
or otherwise.
Declared to be and encompass such districts as are presently defined by the Code of the Municipality of Kingston, Chapter 181, Zoning, and the Official Zoning Map of the Municipality of Kingston defining the boundaries and extent of each such district.
C.
Uses in certain zoning districts; exceptions.
(1)
Outdoor flea markets, as defined by this section, are hereby prohibited and shall neither be established nor conducted within the boundaries of any zoned R-1, R-2 or R-3 Residential District of the Municipality of Kingston; nor shall any such outdoor flea market or markets be established or conducted in any area immediately adjoining and adjacent to any such zoned R-1 Residential District. However, outdoor flea markets may be established and conducted in any other zoning district established by Chapter 181 of the Code of the Municipality of Kingston, subject, however, to the restriction and prohibition that any outdoor flea market established or conducted in any area bordering and adjacent to an R-2 or R-3 Residential District shall be situate or located not less than 100 feet from the nearest zone line or lines of any such R-2 or R-3 Residential District and shall be screened by a fence, wall or other barrier adequate to conceal such flea market and the contents thereof from adjacent property, thereby providing for a buffer zone to maintain the residential integrity and character of such R-2 or R-3 Residential District.
(2)
Exceptions. The provisions of this section shall
not apply, nor affect, the following:
(a)
Isolated or casual sales of goods pursuant to
an order or process of a court of competent jurisdiction.
(b)
The sale or advertising for sale, on an isolated
or casual basis, of any item or items of personal property by the
owner thereof, which is specifically described in the advertisement.
(c)
An isolated or casual sale of an item or items
of personal property by the owner thereof, commonly referred to as
a "yard or garage sale," provided that such sale is conducted entirely
upon property of the owner or leased by such person.
(d)
An isolated or casual sale of an item or items
of personal property by charitable, nonprofit, eleemosynary, educational
or similar organizations and institutions, provided that the purpose
of said sale is to directly benefit such organization or organizations.
D.
Penalties for offenses and violations. Any person
violating any of the provisions of this section shall, upon conviction
thereof, be sentenced to pay a fine not to exceed the sum or amount
of $300 and/or be sentenced to 30 days in jail.
Large-scale developments, as defined herein,
shall be permitted as a special exception and shall be developed in
accordance with the following requirements:
A.
Conformity with Master Plan. The proposed large-scale
development shall conform to the municipality's Master Plan in terms
of general location.
B.
Large-scale residential developments. The purpose
of this section shall be to permit the large-scale development of
housing in such a manner as to provide for the flexibility of design
and arrangement of dwelling structures which would achieve the objectives
of this chapter but would not be bound by the standards established
for individual lot by lot developments. Such developments shall, however,
be subject to the broader standards set forth below.
C.
Spacing and orientation of residential developments.
Spacing between buildings and orientation in residential building
groups shall be as follows:
(1)
In buildings containing multiple-dwelling units, walls
containing main window exposures or main entrances shall be so oriented
as to ensure adequate light and air exposures.
(2)
Such buildings shall be so arranged as to avoid undue
exposure to concentrated loading or parking facilities and shall be
so oriented as to preserve visual and audible privacy between adjacent
buildings.
(3)
A building group may not be so arranged that any temporary
or permanently inhabited building is inaccessible by emergency vehicles.
D.
Vehicle and pedestrian circulation. Adequate provision
for vehicle and pedestrian circulation shall be designed as follows:
E.
Paving and drainage. The developer shall install throughout
any proposed large-scale residential development hard-surfaced streets
at reasonable grades, which shall include curbs or gutters, catch
basins and storm sewers.
F.
Development standards.
(1)
Minimum lot area per dwelling unit.
(a)
Single-family detached and attached dwellings.
Although the average minimum lot area per dwelling unit shall not
be less than the minimum area requirement for the district where the
development is located, the size of each lot may be reduced, as needed,
to not less than two thirds (2/3) of the minimum required in the R-1
District; provided, however, that for cluster developments, each lot
may be reduced to one-third (1/3) of the minimum lot area, but the
average area per dwelling unit within each development section, including
open space, shall not be less than the minimum otherwise required
for the R-1 District.
(b)
Two-family dwellings, garden apartments and
other multifamily dwellings. The average minimum lot area per dwelling
unit shall not be less than the minimum area required for each respective
type of dwelling structure in the district where such principal permitted
uses are first permitted. The dimensions of each individual lot may,
however, be reduced by not more than one-third (1/3) of the minimum
requirement, provided that the average lot area per dwelling unit
within each development district shall not be less than the area otherwise
required.
(2)
Minimum lot size. There shall be no minimum lot frontage
required except, as follows:
(a)
One-family and two-family dwellings detached:
80 feet.
(b)
One-family and two-family dwellings, semidetached:
50 feet for each side.
(c)
One-family dwellings, attached (town houses):
25 feet per dwelling unit plus an additional twenty-five feet at each
end of all rows.
(d)
One-family cluster development: none.
(e)
Multifamily garden apartments: none.
(f)
Other multifamily dwelling structures: none.
(3)
Minimum lot depth. No lot for any residential structure
or group of residential structures shall have a lot depth of less
than 100 feet.
(4)
Minimum front yards. The minimum front yard for all
residential structures shall be 25 feet, except that garden apartments
and other multifamily structures, not including town houses, shall
have a minimum front yard of not less than 50 feet; provided, however,
that these minimum front yard requirements may be reduced by not more
than 20% if the developer shall provide adequate justification acceptable
to both the Planning Commission and the Zoning Hearing Board.
(5)
Minimum side yards and other distances between buildings. Minimum side yards for all single-family dwellings, including cluster developments, shall be as specified in Schedule I[1] hereof for one-family dwellings in an R-1 District. There
shall be no side yard requirements for all other residential structures,
except as follows:
(a)
Side yards adjoining public rights-of-way on other thoroughfares shall be not less than 50 feet, except where the front yard of such structure shall be reduced by up to 20% as specified in § 181-21F(4) hereof, then such side yard adjoining a thoroughfare may be reduced to the same depth as such front yard.
(b)
All other distances between buildings shall be as set forth under § 181-19A(2)(b)[3] and § 181-21C hereof.
[1]
Editor's Note: Schedule I is located as an attachment to this chapter.
(6)
Maximum lot coverage. There shall be no maximum lot
coverage limitation on a lot-by-lot basis; provided, however, that
the overall coverage of land by buildings within any development section
shall not exceed 25% of the net land area (excluding land used for
rights-of-way).
G.
Supporting commercial facilities. Local retail and
service commercial facilities, including those uses permitted as principal
permitted uses in a C-1 Commercial District, may be permitted in a
large-scale residential development, provided that such commercial
development, including required off-street parking, off-street loading
and landscaping, shall not exceed 10% of the net land area of the
large-scale residential development; and provided, further, that the
location of such commercial facilities shall be approved by the Planning
Commission.
H.
Aesthetic considerations. Due to the potential impact
of a large-scale development on the municipality as a whole and since
the developer is provided the opportunity to modify otherwise minimum
development standards, the Planning Commission may withhold the overall
approval of such projects, as well as the approval of reduced standards,
pending their review and approval of the proposed overall design,
arrangement and layout of the buildings to be erected, including the
exterior design of such buildings, provided that the architectural
character of the large-scale development area will be compatible with
that of the adjoining areas.
I.
Large-scale commercial and manufacturing development.
(1)
Spacing and orientation of commercial and manufacturing
developments. Spacing between buildings and orientation in commercial
and industrial building groups shall be as follows:
(2)
Signs and lighting. All signs and lighting devices shall be of a type and design that will not conflict with traffic control signs and lights and shall be so oriented that they do not produce glare on the highway or adjacent residential development. In any commercial development of five acres or more, identification signs may be erected in accordance with the provision of § 181-28 hereof, except as follows:
(a)
There shall be not more than one such sign for
each commercial establishment, but there may be a maximum of one additional
sign identifying the large-scale development and the occupants thereof.
(b)
A sign identifying a large-scale commercial
development may be freestanding or attached to a wall or fence.
(c)
Any freestanding sign shall be located at the
entranceway of the use which it identifies. No such freestanding sign
shall extend more than 30 feet above the mean ground level where it
is located.
(d)
No sign identifying a building group shall have
an area of more than 10% of the vertical wall area of the front of
the building, nor shall the total area of the sign of each tenant
exceed 10% of the vertical building wall area of the front of the
space occupied by the tenant.
(e)
The lesser dimension of any sign shall not exceed
five feet; provided, however, that for large-scale development signs,
this provision shall not apply.
(f)
Except for signs identifying the large-scale
development, all signs shall be attached to the principal buildings.
(g)
No business sign shall project more than two
feet from the building facade to which it is attached.
(h)
No business sign shall be erected or maintained
upon the roof of a building, nor shall any sign extend above the roof
of a building a distance of more than five feet; provided, however,
that a business sign may be affixed to a parapet. It may not extend
more than five feet above the roof of the building, and no such sign
shall project more than one foot from the parapet.
(i)
The area of any sign shall include the entire
face of the sign and any structural work incidental to its erection
and/or decoration. If the sign is composed of individual letters,
figures or designs, the space between and around such letter, figures
or designs shall be considered as part of the area.
(j)
Plans showing proposed location and design of
all signs, including also directional traffic signs and parking signs,
shall be submitted to the Planning Commission for its review and recommendation
to the Zoning Hearing Board, which shall be responsible for approval.
In granting such approval, special attention shall be given to considerations
of safety and convenience of traffic movement and the appropriate
and harmonious relationships between buildings, structures and signs,
both on the site and in adjacent areas.
(k)
Proper arrangement of signs and lighting devices,
with respect to traffic control equipment and adjacent residential
districts.
(l)
Directional signs indicating the direction of
premises available and having inscribed thereon the name of the occupant(s)
may be erected and maintained; provided, however, that the size of
such sign shall not exceed an area of six square feet nor a length
of four feet; and provided, further, that there shall be not more
than one such sign for each entrance to any premises.
(3)
Planting and screening. In business building groups
abutting or within 100 feet of residential districts, fences, walls
or year-round screen planting, when necessary to shield adjacent residential
districts from parking lot illumination, headlights, fences, heat,
blowing papers and dust and to reduce the visual encroachments of
commercial architectural signs and activity.
J.
Justification for exceptions. Such exceptions, which
may be required from the strict application of this chapter shall
be solely for the purpose of promoting an integrated site plan no
less beneficial to the residents or occupants of such developments
as well as of neighboring properties than would obtain under the normal
requirements of this chapter.
A.
Off-street parking. In all districts, except in the
C-2 District, in connection with every manufacturing, business, institutional,
recreational, residential or any other use, there shall be provided,
at the time any building or structure is erected or is enlarged or
increased in capacity, off-street parking space open to the public
at no charge for automobiles in accordance with the requirements set
forth herein.
(1)
Size and access.
(a)
Each off-street parking space shall have an
area of not less than 200 square feet, exclusive of access drives
or aisles, and shall be of usable shape and condition. Except in the
case of dwellings, no parking area provided hereunder shall be established
for less than three spaces.
(b)
There shall be adequate provisions for ingress
and egress to all parking spaces. Access to off-street parking areas
shall be limited to several well-defined locations and in no case
shall there be permitted unrestricted access along the length of the
street or alley upon which the parking area abuts.
(2)
Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table I following, in accordance with the definition of "floor area" as set forth in Article II hereof, provided, further, that in any R District, on any lot having an area of one acre or less, private garage space may be provided for not more than four motor vehicles. For an area of one acre or less, private garage space may be provided for not more than four motor vehicles. Space for one additional motor vehicle may be provided for each one-fifth (1/5) acre by which the area of the lot exceeds one acre; and in any R District, not more than than one garage space provided on any lot shall be used for the housing of a commercial motor vehicle greater than a capacity of one-half (1/2) ton. In any case of a building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Zoning Hearing Board, shall apply.
Table I
| ||
---|---|---|
Minimum Required Off-Street Parking Spaces
| ||
Use
|
Required Parking Spaces
| |
Automatic laundry
[Amended 2-11-1985] |
2 for each laundry machine
| |
Automobile sales and service garages
|
1 for each 400 square feet of floor area
| |
Banks or professional offices
|
1 for each 300 square feet of floor area
| |
Bowling alleys
|
5 for each alley
| |
Churches and schools
|
1 for each 5 seats in an auditorium or 1 for
each 17 classroom seats, whichever is greater
| |
Community buildings and social halls
|
1 for each 100 square feet of floor area
| |
Dwellings
|
1 for each family or dwelling unit, except in
multifamily dwellings where 1.5 spaces shall be provided for each
dwelling unit. Only 1 space shall be required for each 4 dwelling
units in housing designed exclusively for the elderly.
| |
Food supermarkets
|
1 for each 200 square feet of floor area
| |
Funeral homes, mortuaries
|
10 for each parlor
| |
Furniture or appliance stores
|
1 for each 400 feet of floor area
| |
Hospitals, nursing and convalescent homes
|
1 for each 3 beds
| |
Hotels or motels
|
1 space for each living or sleeping unit
| |
Launderette
[Amended 2-11-1985] |
2 for each laundry machine
| |
Manufacturing plants, research or testing laboratories,
bottling plants
|
The total parking area shall not be less than
25% of the building floor area.
| |
Medical or dental offices
|
5 spaces for each doctor or dentist
| |
Restaurants, beer parlors and night clubs
|
1 for each 2.5 seats
| |
Retail stores and shops
|
1 for each 300 square feet of floor area, except
in the excluded area along Wyoming Avenue
| |
Rooming houses and dormitories
|
1 for each 2 bedrooms
| |
Automobile service stations
|
2 for each pump
| |
Sports arenas, auditoriums, theaters, assembly
halls
|
1 for each 5 seats
| |
Trailer or monument sales or auctions
|
1 for each 2,500 square feet of lot area
| |
Wholesale establishments or warehouses
|
The total parking area shall not be less than
25% of the building floor area
|
(3)
Off-site facilities. All permitted and required accessory
off-street parking spaces, open or enclosed, shall be located on the
same zone lot as the use to which such spaces are accessory, except
that such spaces may be provided elsewhere but shall be provided within
a radius of no greater distance than 250 feet from that zone lot,
and provided, further, that required spaces are provided off the site
in accordance with the provisions set forth herein and that such spaces
shall be in the same ownership as the use to which they are accessory
and shall be subject to deed restrictions filed in an office of record,
binding the owner and his heirs and/or assigns to maintain the required
number of spaces available throughout the life of such use, and such
spaces shall conform to all regulations of the district in which they
are located.
B.
Off-street loading. In any district, in connection
with every building or building group, or part thereof, hereafter
erected and having a gross floor area of 5,000 square feet or more
which is to be occupied by manufacturing or commercial uses or distribution
of material or merchandise by vehicles, there shall be provided and
maintained, on the same zone lot with such building, off-street loading
berths in accordance with the requirement of Table II following:
Table II
| |||
---|---|---|---|
Minimum Off-Street Loading Space Requirements
| |||
Use
|
Required Floor Area
(square feet)
|
Off-Street Loading Berths
| |
Schools
|
15,000 or more
|
1
| |
Hospitals (in addition to space for ambulance)
|
10,000 to 300,000
For each additional 300,000 or major fraction
thereof
|
1
1 additional
| |
Undertakers and funeral parlors
|
5,000 For each additional
5,000 or major fraction thereof
|
1
1 additional
| |
Hotels and offices
|
10,000 or more
|
1
| |
Commercial, wholesale, manufacturing and storage
|
10,000 to 25,000
25,000 to 40,000
40,000 to 60,000
60,000 to 100,000
For each additional 50,000 or major fraction
thereof
|
1
2
3
4
1 additional
|
C.
Joint facilities for parking or loading. Off-street
parking and loading facilities for separate uses may be provided jointly
if the total number of spaces so provided is not less than the sum
of the separate requirements for each use and provided that all regulations
governing the location of accessory spaces in relation to the use
served are adhered to. Further, no accessory space or portion thereof
shall serve as a required space for more than one use, unless otherwise
approved by the Zoning Hearing Board in accordance with the purposes
and procedures set forth herein.
D.
Development and maintenance of parking and loading
areas. Every parcel of land hereafter used as a public or private
parking area or loading area, including a commercial parking lot,
shall be developed and maintained in accordance with the following
requirements:
(1)
Screening and landscaping. Off-street parking areas
for more than five vehicles and off-street loading areas shall be
effectively screened on each side which adjoins or faces premises,
by a fence or hedge. Such fence or hedge shall be not less than four
feet nor more than six feet in height and shall be maintained in good
condition without any advertising thereon. Any space between such
fence or hedge and the side lot line adjoining the premises, or the
front lot line facing the premises, in any R District shall be landscaped
with grass, hardy shrubs or evergreen ground cover and maintained
in good condition.
(2)
Minimum distances and setbacks. No off-street parking
or loading area, or part thereof, for more than five vehicles shall
be closer than 10 feet to any dwelling, school, hospital or other
institution for human care located on an adjoining lot. No parking
area shall be located less than five feet from the established legal
street or alley. Said right-of-way shall include and not be limited
to street pavement, tree lawns or sidewalks.
(3)
Surfacing. Any off-street parking or loading area
shall be surfaced with an asphaltic or cement binder pavement or similar
durable and dustless surface which shall be so graded and drained
as to dispose of all surface water accumulated within the area and
shall be so arranged and marked as to provide for the orderly and
safe loading, parking and storage of self-propelled vehicles.
(4)
Lighting. Any lighting used to illuminate any off-street
parking or loading areas shall be arranged as to reflect the light
away from the adjoining premises in any R District.
(5)
Modification of requirements. The Zoning Hearing Board
may authorize on appeal a modification, reduction or waiver of the
foregoing requirements if it should find that in the particular case
appealed the peculiar nature of the use or the exceptional situation
or condition must justify such action.
E.
Service stations and parking lots.
(1)
Location of establishments and access thereto. Gasoline
filling stations, commercial parking areas for five or more motor
vehicles, automobile repair shops, or any vehicular access thereto
are regulated as follows:
(a)
Shall not be located within 100 feet of any
boundary line of any R District.
(b)
Shall not be located within 200 feet of property
dedicated to or intended for schools, playgrounds, churches, hospitals,
public libraries and institutions for dependents or for children,
when located along the same street and in the same block as said properties.
(c)
Vehicular access to the above automotive uses
shall not be closer to the intersection of any two street lines than
50 feet.
(2)
Location of appliances or pits. No gasoline filling
station or parking garage shall be permitted where any gasoline or
oil pump or oil draining pit or visible appliance for any such purpose
is located within 10 feet of any street lot line, except where such
appliance or pit is within a building.
A.
Animal hospitals, kennels and pounds. In any zone
district where permitted, no such use shall be located closer than
100 feet to any R District, restaurant or hotel and shall show that
adequate measures and controls shall be taken to prevent offensive
noise and odor. No incineration of refuse shall be permitted on the
premises.
B.
Cemetery, crematory, mausoleum. Any of these uses
shall provide entrance on a street or road which shall have a pavement
width of not less than 20 feet, with ingress and egress so designed
as to minimize traffic congestion, and shall provide a minimum six-foot-high
fence, evergreen or evergreen-type hedges or shrubs, at intervals
of not more than six feet, or provide a minimum 20 feet of permanently
maintained planting strip on all property lines abutting any R District
or residential street.
C.
Undertakers and funeral parlors. Undertaking and funeral parlor establishments may be permitted as a special exception in those zone districts where they are enumerated in § 181-15 hereof, provided that all required parking is made available, the outward appearance of the building does not detract from the residential area where it may be proposed, and it is to be located on a street where the collection and movement of vehicles participating in a funeral procession will not adversely affect the major or secondary vehicular circulation pattern of the community.
D.
Animals in residential districts. Farm animals other
than customary pets shall not be kept in residential districts. Household
pets shall be limited to an aggregate three per family in residential
districts and shall not include ponies or horses.
Special exceptions, as enumerated in § 181-15, shall be permitted only upon authorization by the Zoning Hearing Board pursuant to review by the Planning Commission in accordance with § 181-65D, provided that such uses shall be found to comply with the following requirements and other applicable requirements as set forth in this chapter.
B.
That the use is so designed, located and proposed
to be operated that the public health, safety, welfare and convenience
will be protected.
C.
That the use will not cause substantial injury to
the value of other property in the neighborhood where it is to be
located.
D.
That the use shall be compatible with adjoining development
and the proposed character of the zone district where it is to be
located.
E.
That adequate landscaping and screening is provided as required in § 181-23 and as otherwise provided herein.
F.
That adequate off-street parking and loading is provided
and ingress and egress is so designed as to cause minimum interference
with traffic on abutting streets.
G.
That the use conforms with all applicable regulations
governing the district where located, except as may otherwise be determined
for large-scale development.
A.
Conversion of a single-family residence to a two-family
residence shall be permitted only in an R-2 or less restrictive district,
provided that:
(1)
The minimum lot area per dwelling shall be as required
for the zone district where the zone lot to be converted shall be
located.
(2)
Where such conversion is undertaken, there shall be provided on the same zone lot not less than one additional off-street parking space in accordance with the provisions of § 181-22 hereof.
(3)
Such structure shall contain not less than 1,700 square
feet of living space, and no dwelling unit therein shall contain less
than 850 square feet of living space.
B.
Nondwelling structures. No commercial or manufacturing
structure, originally designed for other than residential use, shall
be converted to a dwelling structure, nor shall any such structure
which was so converted prior to the adoption of this chapter be further
converted to provide for additional dwellings.
Permitted home occupations operated in any dwelling
unit may be operated only if it complies with all of the following
conditions:
A.
Where permitted. Within a single dwelling unit or
in a building or other structure accessory to a dwelling unit, and
only by the person or persons maintaining a dwelling therein, and
not more than two additional persons shall be employed in the home
occupation.
B.
Evidence of use. Does not display or create outside
the building any evidence of the home occupation, except that one
unanimated, nonilluminated flat or window sign having an area of not
more than two square feet shall be permitted on each street front
of the zone lot on which the building is situated.
C.
Extent of use. Does not utilize more than 20% of the
gross floor area of the dwelling unit (except foster family care),
and except that medical and dental offices may utilize not more than
50% of the gross floor area of the dwelling unit.
D.
Permitted uses. Includes not more than one of the
following uses:
(1)
Professional offices in accordance with provisions
for off-street parking, as required herein, with not more than two
nonresident assistants.
(3)
Custom dressmaking.
(4)
Foster family care (for not more than four children
simultaneously).
(5)
Commercial photography and other similar uses with
nor more than one nonresident employee.
(6)
Barbershop and beauty parlor with not more than one
nonresident employee.
(7)
Tutoring for not more than three students simultaneously. Such tutoring
is to be clearly incidental and secondary to the use of the dwelling
unit for dwelling purposes.
[Amended 10-3-2016 by Ord. No. 2016-6]
Such uses shall not abut an existing residential
development, a residential street or any R District, and the operation
thereof shall be governed by the following provisions and any other
conditions as may be required by the Zoning Hearing Board to protect
the public health, safety, comfort, convenience and general welfare
and especially with regard to abutting properties and the occupants
thereof:
A.
Inflammable and explosive liquids. No highly inflammable
or explosive liquids, solids or gases shall be stored in bulk above
ground. Tanks or drums of fuel directly connecting with heating devices
or appliances located on the same premises as the tanks or drums of
fuel are excluded from this provision.
B.
Fencing and setbacks. All outdoor storage facilities
shall be enclosed by a fence or wall adequate to conceal such facilities
and the contents thereof from adjacent property. Such walls and fences
shall be distant not less than 20 feet from all property lines which
abut an R District or existing residential development, but in any
other case shall be distant not less than 10 feet from any property
line and shall be distant not less than 25 feet from any public street.
C.
Deposit of wastes. No materials or wastes shall be
deposited on any premises in such form or manner that they may be
transferred off such premises by natural causes or forces.
D.
Other hazardous materials. All materials or wastes
which might cause fumes or dust or which constitute a fire hazard
or which may be edible by or otherwise be attractive to rodents or
insects shall be stored outdoors only in closed containers.
Signs may be erected and maintained only when
in compliance with the following provisions:
A.
Signs in residential districts. The following types
of nonilluminated, nonadvertising signs are permitted in all residential
districts as follows:
(1)
Nameplates and identification signs.
(a)
Signs indicating the name or address of the
occupant or a permitted home occupation, provided that they shall
not be larger than two square feet in area. Only one such sign per
dwelling unit shall be permitted except in the case of corner lots
where two such signs (one facing each street) shall be permitted for
each dwelling unit.
(b)
For hotels and for buildings other than dwellings,
a single identification sign not exceeding six square feet in area
and indicating only the name and address of the building and the name
of the management may be displayed, provided that on a corner lot
two such signs (one facing each street) shall be permitted.
(2)
Sale or rental signs. Signs advertising the sale or
rental of the premises upon which they are erected by the owner or
broker or any other person interested in the sale or rental of such
premises, and signs bearing the word "sold" or "rented" with the name
of persons effecting the sale or rental may be erected or maintained,
provided that:
(3)
Institutional signs. Signs of schools, colleges, churches,
hospitals, sanatoriums or other institutions of a similar public or
semipublic nature may be erected and maintained, provided that:
(4)
Signs accessory to parking areas. Signs designating
entrances or exits to or from a parking area and limited to one sign
for each such exit or entrance and to a maximum size of two square
feet each shall be permitted. One sign per parking area designating
the conditions of use and identity of such parking area and limited
to a maximum size of nine square feet shall be permitted, provided
that on a corner lot two such signs shall be permitted, one facing
each street.
(5)
Development signs. Signs advertising the sale or development
of the premises upon which they are erected, when in connection with
the development of the premises by a builder, contractor, developer
or other persons interested in such sale or development, may be erected
and maintained, provided that:
(a)
The size of any sign is not in excess of 20
square feet.
(b)
Not more than two signs are placed upon any
property, unless such property fronts upon more than one street, in
which event two such signs may be erected on such frontage.
(c)
Any such sign shall be removed by the developer
within 30 days of the final sale of property.
(6)
Directional signs. Signs indicating the location of
premises available for or in process of development, but not erected
upon such premises, and having inscribed thereon the name of the owner,
developer, builder or agent, may be erected and maintained, provided
that:
(7)
Artisans' signs. Signs of mechanics, painters and
other artisans may be erected and maintained during the period such
persons are performing work on the premises on which such signs are
erected, provided that:
(8)
Private driveways. Signs indicating the private nature
of a driveway, or trespassing sign, provided that the size of any
such sign shall not exceed two square feet.
(9)
Height and projection of signs. No sign in an R District
shall project into the public way or project higher than one story
or 20 feet, whichever is lower.
B.
Signs in C and M Districts. Business signs shall be
permitted as follows:
(1)
Size of signs. No sign shall have a gross surface
including (both sides) of more than 100 square feet in any C District
or more than 150 square feet in any M District.
(2)
Location of signs. In any C-1 District, all signs
shall be securely attached to a building. Freestanding signs shall
be permitted in all other C and M Districts only, provided that no
such sign shall be nearer to any property line(s) or inside edge of
the sidewalk(s), whichever is more restrictive, than five feet, measured
from the leading edge of the sign.
[Amended 7-7-1986]
(3)
Illumination of signs. Flashing signs and revolving
illuminated signs shall be considered as a special exception permitted
in M Districts, provided that such signs shall not create any traffic
hazard or abut or face any residential property or any residential
zone lot. Stationary illuminated signs are permitted in C or M Districts
only.
(4)
No flashing signs shall be permitted in any district
within the municipality.
C.
General regulations. The following regulations shall
apply to all permitted signs:
(1)
Maintenance. Signs shall be constructed of durable
materials, maintained in good condition and not allowed to become
dilapidated.
(2)
Wall signs. Display signs placed against the exterior
walls of buildings or structures shall not extend more than 15 inches
out from the wall surface. Wall signs exceeding 40 square feet in
area shall be of noncombustible material.
(3)
Projecting signs. Attached signs shall not project
from any building more than three feet in the direction of a public
street or public walkway area, nor shall any such sign extend over
a public street or walkway area. A clear space of not less than 10
feet shall be provided below all parts of projecting signs. Projecting
signs exceeding 40 square feet in area shall be made of noncombustible
material.
(4)
Height of signs. No sign except a freestanding sign
shall be higher than the building on which such sign is located, nor
shall any sign be located upon the roof of any building. No such freestanding
sign shall extend more than 30 feet above the mean ground level where
it is located.
(5)
Permits (building) for signs. Building permits shall be required for all signs except signs provided for in § 181-26B and other accessory residential signs. For signs in the interest of the public information and convenience, the Zoning Officer, upon approval by the Zoning Hearing Board, may issue a temporary permit for a period to be designated by the said Board. Such temporary signs shall be removed by the property owner at the termination of any permit for the erection itself.
(6)
Fees. No fee shall be charged for any permit connected
with the erection of a sign necessary to the public welfare.
D.
Special
regulations for the King Edward Project area.
[Added 8-1-2011 by Ord. No. 2011-2]
(1)
The
King Edward Project area is defined as that area in the Municipality
of Kingston along Main Street from the intersection of the westerly
sideline of South Maple Avenue with the northerly side of Main Street
and thence in a westerly direction along the north side of Main Street
to the boundary of the Municipality of Kingston with the Borough of
Edwardsville.
(2)
The
properties subject to this special regulation shall front on Main
Street within the aforementioned area.
(3)
Blade
signs (projecting signs) shall be permitted within the aforementioned
area subject to the following conditions:
(a)
The blade sign shall be two-sided.
(b)
The blade sign shall be mounted perpendicular to the storefront.
(c)
No sign shall extend above the parapet wall of the storefront building.
(d)
A blade sign shall provide a minimum clearance of four inches between
storefront and sign face.
(e)
A blade sign shall project a maximum of 48 inches from the storefront
and shall have a maximum width of 44 inches.
(f)
A minimum clearance of 12 feet shall be provided between the baseline
of any sign and the sidewalk. A minimum of clearance of 16 feet shall
be provided between the baseline of any sign and a roadway or parking
area.
(g)
Blade signs must be oriented toward pedestrians passing on the sidewalks
of the building rather then oriented toward automobiles or pedestrians
on the other side of the street.
(h)
Mounting hardware for blade signs shall be attractive and an integral
part of the sign design. Metal brackets with decorative and complex
shapes are encouraged where appropriate to add to the character of
the building.
(i)
Blade signs must never cover architectural details and must be integrated
with architectural facade elements of the building.
(j)
Blade signs must have two finished sides that are consistent on both
sides.
(k)
Blades signs may use attractive, external lighting fixtures and/or
components or may be nonilluminated.
(l)
If the blade sign is illuminated, the light source of externally
illuminated signs may not create glare.
(4)
To
the extent that the regulations set forth in this subsection are inconsistent
with other section or subsections of this Ordinance, this subsection
shall be controlling and take precedence.
A temporary tract office in any district shall
be located on the property to which it is appurtenant and shall be
limited to a six-month period, at the expiration of which time the
applicant may request a further extension of time. Otherwise, the
tract office shall be removed at the expense of the owner.
Mobile homes shall be permitted only in mobile
home parks which meet the requirements of this section.
A.
No mobile park shall have an area of less than five
acres.
B.
Each mobile home site or space within the park shall
have an area of 6,000 square feet, provided, further, that the minimum
width of each site shall not be less than 60 feet.
C.
No mobile home shall be located within 10 feet of
its respective site lines, provided, further, that there shall be
no less than a twenty-five-foot clear acre between mobile homes and
any building within the park.
D.
No mobile home shall be located closer to any property
line of the park or any abutting public street than 30 feet.
E.
Not less than 20% of the grass area of the park shall
be improved for recreational use of the residents of the park.
F.
All homes shall be secured to a permanent foundation,
and all service and accessory buildings shall meet the requirements
of this chapter and all other applicable codes and ordinances.