[Ord. No. 2018-4, 12/12/2018]
1.Â
It is not intended that these definitions include only words used
or referred to in this chapter. The words are included in order to
facilitate the interpretation of this chapter for administration purposes
and in the performance of duties by appropriate Township of Kingston
officers and by the Township of Kingston Zoning Hearing Board.
2.Â
Unless otherwise expressly stated, the following shall, for the purposes
of this chapter, have the meaning herein indicated:
A.Â
Words used in the present tense shall include the past and future
tense.
B.Â
The word "person" shall include a for-profit or nonprofit firm, association,
organization, corporation, company, partnership, trust, or individual
or single proprietorship, or any other similar entity.
C.Â
The words "used" or "occupied" as applied to any land or building
shall include the words "intended, arranged or designed to be used,
occupied or maintained."
D.Â
The word "building" shall include "part hereof" and "structure."
E.Â
The word "lot" shall include "plot," "parcel" or "tract."
F.Â
The words "shall" and "must" are always mandatory; the words "may"
and "should" are permissive.
G.Â
The singular number shall include the plural, and the plural number
shall include the singular.
H.Â
Words of masculine gender shall include the feminine gender and the
neuter; words of feminine gender shall include the masculine gender
and the neuter.
I.Â
The word "includes" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kinds and character.
[Ord. 6/11/1975A, Art. II; as amended by Ord. 86-5, 1/14/1987;
by Ord. 1989-4, 6/13/1989, § 4; by Ord. 1989-5, 11/8/1989;
by Ord. 90-8, 10/10/1990, § 1; by Ord. 2000-3, 4/12/2000;
by Ord. 2006-3, 9/13/2006, § 1; and by Ord. No. 2018-4,
12/12/2018]
For the purpose of the administration and enforcement of this
chapter, and unless otherwise stated in this chapter, the following
words shall have the meanings as indicated herein. Words used in the
present tense shall include the future tense; words used in the singular
number shall include the plural number; words used in the plural number
shall include the singular number; the word "shall" is mandatory,
not directory.
A secondary residence, garage, or other building or structure
subordinate to and not forming an integral part of the main or principal
building on a lot or parcel but pertaining to the use of the main
building. An accessory building may include servants' quarters.
A garage, or other building or structure subordinate to and
not forming an integral part of the main or principal building on
a lot or parcel but pertaining to the use of the main building.
ADULT BOOKSTOREAn establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: (1) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT ENTERTAINMENTA nightclub, bar, restaurant, club or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE PARLORAn establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, certified massage therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
SPECIFIED ANATOMICAL AREASAs used herein, specified anatomical areas means and includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the aureole; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESAs used herein, specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities set forth as an "adult use."
A surface whereon advertising material is set in public view,
including reference to any use of premises whereon it is displayed
or posted.
A narrow thoroughfare dedicated or used for public passageway
up to 20 feet in width, upon which usually abut the rear of the premises,
or upon which service entrances or buildings abut, and is not generally
used as a thoroughfare by both pedestrians and vehicles, is not used
for general traffic, and is not otherwise officially designated as
a street. A way which affords only a secondary means of access to
abutting property.
Any change in the arrangement of a building, including any
work affecting the structural parts of a building; or an enlargement;
or any change in wiring, plumbing, heating, or cooling system; and
includes the words "to alter" and "alter."
A building which is used or intended to be used as a home
or residence for more than two families living in separate quarters.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
or assigns.
Every application, whether preliminary, tentative or final
required to be filed and approved prior to start of construction or
development including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The area shall be the area needed to accommodate the tower,
guy wires (if used), the equipment building, security fence, parking
area and buffer planting.
The sale or storage of new and used automobiles, paint and
body repair shops.
A building occupied to provide, for compensation, sleeping
accommodations and breakfast for transient guests.
BED-AND-BREAKFAST HOMESTAYA home occupation providing, for compensation, sleeping accommodations and breakfast for compensation for transient guests.
BED-AND-BREAKFAST INNA building occupied primarily as a business, the owner may live on the premises, providing sleeping accommodations and breakfast for transient guests.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A house or shed for sheltering one or more boats.
The center line of a street or right-of-way or the center
line of an alleyway between the rear or side property lines, or, where
no alley or passageway exists, the rear or side property lines of
all lots bordering on any district limits or any district boundary
shown on the maps adopted by § 402.
A method of improvements designed to separate and substantially
obstruct the view of two or more adjacent land uses, properties and/or
zoning districts from one another. Unless specified otherwise, for
the purpose of this chapter, when a "buffer area" is required it shall
be deemed to represent a fence or stone wall with cork fitting, eight
feet in height with two staggered rows of evergreen trees planted
in front of the fence or wall with the spacing distance between trees
not greater than six feet. Said trees shall be not less than eight
feet in height at the time of planting. The type of evergreen trees
selected for planting shall be subject to the approval of the Board
of Supervisors, Zoning Hearing Board or the Planning Commission in
cases where the approval sought is under the jurisdiction of any of
the aforementioned entities.
That portion of any lot which may be used or built upon in
accordance with the regulations governing the given zoning district
within which the particular lot is located once the various front,
side, and rear yard requirements required for the district have been
subtracted from the total lot area.
A building is any structure having a roof entirely separated
from any other structure by space or by walls in which there are no
communicating doors or windows or any similar opening and erected
for the purpose of providing support or shelter for persons, animals,
things or property of any kind, and anchored to its foundation.
A line running parallel to the front property line at the
minimum horizontal setback distance required in each zoning district.
The ground area of a building or buildings, together with
all open spaces surrounded by said building, or buildings.
A mobile home, tent, trailer, or other self-contained vehicle
designed for recreational purposes, made of metal.
Includes rest and nursing homes, convalescent homes and boarding
homes for the aged; established to render nursing care for chronic
or convalescent patients, but excludes facilities for care of active
or violent patients such as feebleminded or mental patients, epileptics,
alcoholics, senile psychotics or drug addicts.
The line running parallel with the highway right-of-way which
is halfway the distance between the extreme edges of the official
right-of-way width as shown on a map approved by the County Tax Assessor.
A survey, sketch, plat, map, or other exhibit is said to
be certified when a written statement regarding its accuracy or conformity
to specified standards is signed by the specified professional engineer,
registered surveyor, architect, or other legally recognized person.
A legally approved structure and its accessory buildings
used and approved on a permanent basis, primarily for public worship.
An organization or association of persons for some common
purpose, such as, but not necessarily limited to, a fraternal, social,
educational or recreational purpose; but not including clubs organized
primarily for profit or to render a service, which is customarily
carried on as a business. Such organizations and associations must
be incorporated under the laws of Pennsylvania as a nonprofit corporation
and such corporations' major purpose shall not be for the purpose
of serving alcoholic beverages to its members or others. This may
not be located on, or operated by, or in connection with any commercial
use.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other personal wireless service facility signals including,
without limitation, omnidirectional or whip antennas and directional
or panel antennas, owned or operated by any person or entity licensed
by the Federal Communications Commission (FCC) to operate such device.
This definition shall not include private residence mounted satellite
dishes or television antennas or amateur radio equipment including,
without limitation, ham or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment or any other operation of communications antennas and covering
an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas
for personal wireless service facilities.
Any lot or building lot whether owned or leased, or any structure
located on any lot or building lot, on which communication towers,
equipment buildings, and/or antenna are located or proposed to be
located. Nothing herein shall be construed to permit the use of a
communication tower site as an office, long term vehicle storage,
other outdoor storage or other uses not needed to send or receive
telecommunication signals.
A use permitted in a particular zoning district by the Board
of Supervisors pursuant to the provisions of this chapter and Article
VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601
et seq.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those separate portions, in accordance with
the Pennsylvania Uniform Condominium Act 1980-82,[1] as amended.
Lands within the 100-year floodplain (including the floodway),
wetlands and slopes in excess of 25%.
All landscape elements not included in the primary conservation
area. In conservation subdivision design, certain secondary conservation
areas are designated to be protected, while others may be developed.
The extents to which these features are preserved on an individual
site are determined on a case-by-basis during the land development
process. Secondary conservation areas include, without limitation:
woodlands, hedgerows, fieldstone walls, groups of trees, large individual
trees of significance, important farmland soils, hydric soils, swales,
springs, vernal pools and lowland areas other than wetlands, steep
slopes between 15% and 25%, scenic roads and vistas, and historic
or cultural resources.
A residential subdivision designed around permanently preserved
natural resources at the dwelling unit density specified in this chapter.
The regulating agency responsible for the collection and
conveyance of sanitary wastewater at a designated treatment facility
and the maintenance of the sanitary wastewater collection and conveyance
system(s) located within the corporate limits of the Township of Kingston.
DAY CARE CENTERA facility in which care is provided for periods of less than 24 hours per day, for one or more children, at any one time, where the child care areas are not being used as a family residence. (A child is a person under 16 years of age.)
GROUP DAY-CARE HOMEA facility in which care is provided for periods of less than 24 hours per day, for more than six but less than 12 children, at any one time, where the child care areas are being used as a family residence. (A child is a person under 16 years of age.)
FAMILY DAY-CARE HOMEAny 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 six children or less who are not relatives of the care giver, for periods of less than 24 hours per day where the child care areas are not being used as a family residence. (A child is a person under 16 years of age.)
The diameter of a tree trunk measured at a point 4.5 feet
above the ground at the base of the tree. If a tree divides or splits
into multiple trunks below 4.5 feet, the trunk is measured at its
most narrow point beneath the split. The term is usually applied to
trees in the field (not nursery stock).
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the Township
lies.
A platform with railings, but without a roof, projecting
out from the main wall of a dwelling and intended to be used as an
area for seating, dining or recreation outdoors.
The depth of a lot is the depth between its mean front street
line and its mean rear line, measured along the median between the
two side lot lines.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Board of Supervisors;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
A permit required by Township of Kingston for access onto
a Township road based upon regulations as set forth under the Kingston
Township Driveway Ordinance.
A structure or portion thereof which is used exclusively
for human habitation.
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively by one family and having no party wall in common with an adjoining building including mobile homes with wheels and axle removed and placed on a permanent foundation.
SINGLE-FAMILY ATTACHED DWELLINGA dwelling designed for and occupied exclusively by one family, and having no more than two party walls in common with any other dwelling.
QUADRUPLEXFour single-family attached dwellings in one structure in which each dwelling has two open space exposures and shares one or more party walls with adjoining units.
TOWNHOUSEA single-family attached dwelling in a row of at least three such units, in which each unit has its own front and rear access to the outside, no unit is located over another, and each unit is separated from any other by one or more vertical party walls.
TWO-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively as a dwelling by two families.
TWINA two-family dwelling with one dwelling unit on each side of the vertical party wall.
DUPLEXA two-family dwelling with one dwelling unit located over the other and separated by an unpierced ceiling and floor extending from exterior wall to exterior wall except for a common stairwell exterior to both units.
TWO-FAMILY SEMIDETACHED DWELLINGA dwelling containing two units with one dwelling unit being wholly or partly above the other, which has a party wall in common with an adjacent building, and which may or may not have a common entrance.
MULTIFAMILY DWELLINGA dwelling designed for and occupied exclusively by more than two families.
GARDEN APARTMENTA multifamily dwelling of three stories or less in height, excluding residential conversions.
MID-RISE APARTMENTA multifamily dwelling of four full stories or more in height, excluding residential conversions.
SEASONAL DWELLINGA single-family detached dwelling used for seasonal and temporary living purposes during any season.
DWELLING, TRANSIENTDwellings which are occupied as the more or less temporary abiding place of individuals who are lodged with or without meals and in which, as a rule, the rooms are occupied singly with a common entrance. This classification includes residential hotels, lodging houses, tourist homes, boarding houses, furnished rooming houses, guest houses, fraternity houses and dormitories.
DWELLING GROUPOne or more buildings, not more than 2Â 1/2 stories in height, containing dwelling units and constituting two or three sides of a court which opens onto a street.
DWELLING UNITTwo or more rooms used exclusively for occupancy by one person or family, containing living, sleeping, cooking, and bath facilities for the use of and under the control of the occupants.
DWELLING UNIT, ACCESSORYA separate second dwelling unit which may be located within a structure in which the principal use is for a single-family dwelling provided that such accessory dwelling shall be permitted only if it conforms with the following conditions:
DWELLING UNIT, TEMPORARYA dwelling unit providing complete or partial housekeeping facilities for one family for short term use.
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
Commercial establishments engaged in providing entertainment
for a fee or an admission charge, such as an arcade, bowling alley,
billiard hall, roller-skating rink, movie theater, performing arts
theater or similar facilities.
A report and/or series of reports on the effect of a proposed
development or major action or event that may significantly affect
the environment and associated features thereunder.
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, collection, communication, supply or disposal systems and
their essential buildings, excluding communications towers and communications
antennas, as defined herein.
Removal or recovery by any means whatsoever of soil, rock,
and, minerals, mineral substances or organic substances, other than
vegetation, from water or land on or beneath the surface thereof,
or beneath the land surface, whether exposed or submerged.
One person, or a group of two or more persons living together,
and interrelated by bond or consanguinity, marriage or legal adoption
occupying a dwelling unit designed as a single family unit, as a separate
housekeeping unit with a single set of kitchen facilities. The persons
thus constituting a family may also include gratuitous guests and
domestic servants.
A tract of agricultural land not less than 2Â 1/2 acres,
together with fields, animals, and personnel there assembled, for
the purpose of production of specified types of agricultural crops.
An artificial barrier constructed with materials recognized
by the fencing industry to enclose and/or separate areas of land.
Hedges or other similar types of vegetative cover shall not be deemed
to be a fence.
The temporary inundation of water on normally dry land.
A flood that on the average is likely to occur once every
100 years, i.e., that has an 1% chance of occurring annually although
the flood may occur in any year.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river,
or watercourse and/or any area subject to the unusual and rapid accumulation
of surface water from any source.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to property, structures and contents of buildings.
The channel of a river, stream or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
100-year flood without cumulatively increasing the water surface elevation
more than one foot at any point.
The sum of the gross floor area for each of the several stories
under roof, measured from the interior limits or faces of a building
or structure.
Floor area building or buildings on any lot divided by the
area of the lot.
The distance or width of a parcel of land abutting a public
right-of-way and as measured upon such right-of-way.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for:
Embalming and the performance of other services used in preparation
of the dead for burial;
The performance of autopsies and other surgical procedures;
The storage of caskets, funeral urns and other related funeral
supplies; and
The storage of funeral vehicles, but shall not include facilities
for cremation.
A structure or series of structures under one roof, and under
one ownership, for the storage of vehicles by three or more owners
or occupants of property in the vicinity where said structure has
no public shop or mechanical services in connection therewith.
A structure for the private use of the owner or occupant
of a principal building situated on the same lot of the principal
building for the storage of motor vehicles with no facilities for
mechanical service or repair of a commercial or public nature for
profit.
A structure for the storage, care, repair, or refinishing
of motor vehicles, or a structure containing a public shop, or where
automobile mechanical service is provided.
A structure designed or used for the retail sale or supply
of fuel, lubricants, air, water, and other operating commodities for
motor vehicles, and including the customary spacing and facilities
for the installation of such commodities on, or in, such vehicles,
but not including space or facilities for the storage, painting, repair,
refinishing, body work, or other servicing of motor vehicles.
Any use considered to be inconsistent with the public comfort,
convenience, health, safety and general welfare, including, but not
limited to, the following: fire and explosion hazards; electrical
and radioactive disturbances; noise and vibration; dust, dirt and
fly ash; glare; smoke and odors; and other forms of air pollution.
The Board of Supervisors of the Township of Kingston, Luzerne
County, Pennsylvania.
A dwelling unit which is shared under congregate living arrangements
by more than four unrelated persons licensed by an appropriate governmental
agency, in which the residents of the dwelling unit receive supervised
services limited to health, social and/or rehabilitative services.
Such services shall be provided on a continuous basis in a family-like
environment to a persons who are in need of supervision and/or specialized
services in a residential setting.
The following shall not be deemed to constitute a group residence:
A boarding home and/or a personal care boarding home.
A day-care facility or day-care home.
A facility providing shelter and/or rehabilitative care or treatment
of persons for alcoholism and/or an addiction to a controlled substance.
A facility for persons released from or under the jurisdiction
of a governmental Bureau of Corrections or similar institutions.
Any material that, by reason of its quantity, concentration,
or physical, chemical or infectious characteristics, may:
Cause, or significantly contribute to, an increase in mortality
or an increase in a serious, irreversible, or incapacitating reversible
illness.
Pose a substantial present or potential hazard to human health
or the environment when properly treated, stored, transported, disposed
of or otherwise managed.
This definition shall be deemed to include radioactive material,
medical waste and explosives.
An indoor facility including uses such as game courts, exercise
equipment, locker rooms and related facilities.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak).
The vertical distance of a structure measured from mean level
of the finished grade surrounding the structure to the highest point
of the structure. Also refer to the definitions of " building," building
height" and " structure."
The vertical distance measured from the mean ground level
of the communications tower site area to the highest point on a communications
tower, including antennas mounted on the tower.
The vertical distance measured from the base of the antenna
support structure to the highest point of the structure. If the support
structure is located on a sloped grade, then the average between the
highest and lowest grades shall be used in calculating the antenna
height.
Any public thoroughfare wider than 33 feet including streets,
which affords primary access to abutting property, and any thoroughfare
of less width which is not classified as an alley (street).
A permit, issued by the Pennsylvania Department of Transportation,
the Luzerne County Road and Bridge Department or Kingston Township,
which authorizes access from a parcel of land onto a highway, road
or street which is under the respective jurisdiction of the above
entities. (Refer to "driveway permits.")
An occupation, profession, activity, or use conducted and/or
operated by a member of the family within a dwelling unit that is
clearly a customary, incidental and secondary use of that dwelling
unit and which does not alter the exterior of the property or adversely
affect or change the residential character of the neighborhood.
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents
through the maintenance of community-owned property. This term is
synonymous with "property owners' association."
An institution providing health services, primarily for in
patients, and medical and surgical care of the sick or injured including
as an integral part of the institution such related facilities as
laboratories, outpatient departments, training facilities, central
service facilities, and staff offices.
A building occupied as the more or less temporary residence
of individuals who are lodged, with or without meals, and in which
there are 10 or more sleeping rooms and entrance is through a common
lobby or office.
A study and/or report which may be required at the discretion
of the governing body prior to approval of a conditional use, or by
the Zoning Hearing Board prior to approval of a special exception
use, to determine the potential impact of the proposed use on activities,
utilities, traffic generation and circulation, surrounding land uses,
community facilities, environmental features, critical areas, the
public health, safety and welfare and other factors directly, indirectly
or potentially affected. The applicant shall be responsible for all
costs related to any and all reports and/or studies required by the
governing body or Zoning Hearing Board under or within the context
of the term "impact analysis."
Any material and/or development that substantially reduces
or prevents the infiltration of stormwater into previously undeveloped
land. Impervious surfaces shall include, but may not be limited to,
buildings, roofs, surfaced, graveled or compacted parking areas, streets,
sidewalks, driveways and similar vehicular and/or pedestrian rights-of-way.
Man-made physical additions, alterations and/or changes which
become part of, placed upon or affixed to real estate.
An industrial area designed, organized and laid out in accordance
with an overall plan for a community of industries, including the
servicing of these industries, and designed to ensure compatibility
between and among the industrial operations within the park and the
surrounding areas through such means as landscaping, architectural
designs, setbacks, performance standards and use requirements.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, retail
sales, and distribution of such products, but excluding basic industrial
processing.
A structure or facility which provides medical, health, educational,
social and/or rehabilitative services to more than eight persons on
a continuous and/or regular basis, excluding a facility for persons
released from or under the jurisdiction of a governmental Bureau of
Corrections or similar institution.
Old and dilapidated automobiles, trucks, tractors, and other
such vehicles and parts thereof, wagons and other kinds of vehicles
and parts thereof, scrap building material, scrap contractors'
equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles,
glass, old iron, machinery, rags, paper, excelsior, hair, mattresses,
beds or bedding, or any other kind of scrap or waste material which
is stored, kept, handled, or displayed within the Township limits.
Any land or building used for commercial, storage and/or
sale of paper, rags, scrap metals, other scrap or discarding materials,
or for the dismantling, storage or salvaging of automobiles or other
vehicles not in running condition, or of machinery or parts thereof,
but not to be used as a dump.
Shall include any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
(PA) Municipalities Planning Code (MPC), as may be amended from time
to time.[2]
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibration, air pollution,
fire hazard, or noxious emission which will disturb or endanger neighboring
properties. Light manufacturing includes the production of the following
goods: home appliances; electrical instruments; office machines; precision
instruments; electronic devices; timepieces; jewelry, optical goods,
musical instruments, novelties, wood products, printer material; lithographic
plates; type composition; machine tools, dies and gauges; ceramics;
apparel; lightweight nonferrous metal castings; film processing; light
sheet metal products; plastic goods; pharmaceutical goods; and food
products but not animal slaughtering, curing, nor rendering of fats.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
Any lot situated at the junction of and abutting on two or
more intersections or intercepting streets or public highways. If
the angle or intersection of the direction lines of two highways is
more than 135°, the lot fronting on said intersection is not a
corner lot.
Any lot which is not a corner lot that has frontage only
on one street other than an alley.
In the case of a lot abutting upon only one street, the front
lot line is the line separating such lot from such street. In the
case of a corner lot, that part of the lot having the narrowest frontage
on any street shall be considered the front lot line. In the case
of any other lot, one such line shall be elected to be the front lot
line for the purpose of this chapter, provided it is so designated
by the building plans which meet the approval of the Zoning Officer.
The rear lot line is that boundary which is opposite and
most distant from the front lot line. In the case of a lot pointed
at the rear, or any odd-shaped lot, the rear lot line shall be determined
by the Zoning Officer.
A side lot line is any lot boundary line not a front lot
line or a rear lot line. A side lot line separating a lot from a street
is an exterior side lot line. A side lot line separating a lot from
another lot, or lots, is an interior side lot line.
A lot which exists as shown or described upon a plat or deed
and duly recorded in the office of the Recorder of Deeds of Luzerne
County, Pennsylvania, on the effective date of the adoption of this
chapter.
Any lot having frontage on two parallel or approximately
parallel streets or other thoroughfares.
The horizontal distance between side lot lines measured at
the required front setback line.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or two or more units designed to
be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
A mapped street is any approved street shown on an official
map or the projection of any existing street through an unsubdivided
parcel of land, whether the street is dedicated or in existence or
not.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building or group of two or more buildings designed to
provide sleeping accommodations for transient or overnight guests
with no common entrance or lobby. Each building shall contain a minimum
of 10 residential units or rooms, which generally have direct, private
openings to a street, drive or patio, etc.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
The Township of Kingston, Luzerne County, Pennsylvania, also
known as "Kingston Township."
A commercial establishment dispensing alcoholic beverages
for the consumption on the premises and in which dancing and live
entertainment is permitted, including the term "cabaret."
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from premises, in excess of those normally associated with residential
use. The business or commercial activity must also comply with the
standards contained within § 313.1 of this chapter.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
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.
A room or group of rooms used for conducting the affairs
and management of a business, profession, service industry or government
and generally furnished with desks, tables, files and/or communication
equipment.
That part of a particular development tract set permanently
aside for the protection of sensitive natural features, greenways,
farmland, scenic views and other primary and secondary conservation
areas identified by this chapter, the Township Zoning Ordinance. Open
space may be accessible to the residents of the development and/or
the Township, or it may contain areas of farmland, forest land or
conservancy lots which are not accessible to development residents
or the public.
Open space must be substantially free of structures, but may
contain such improvements as are in the finally approved development
plan. Open space may be a combination of natural or naturalized areas
(such as the municipal greenway network) and more manicured areas
(such as lawn, recreational areas or play fields). Open space is permanently
restricted against further development.
The keeping, in an unroofed area, of any goods, material,
merchandise, equipment or vehicles which are related to the operation
of a commercial business, excluding the storage of solid waste, hazardous
substances, refuse, junk, junked vehicles discarded and/or any inoperative
durable items.
A continuous quantity of land in the possession of, or owned
by, or recorded as, the property of the same person or persons.
An area not within a building where motor vehicles may be
stored for the purposes of temporary, daily or overnight off-street
parking.
The development and use of parking areas on two or more properties
for joint use by the business on those properties.
That area required for the parking or storage of one automobile,
including necessary aisle or driveway space providing access thereto.
A courtyard, with or without railings and without a roof,
adjacent to or near a dwelling but not part of the dwelling structure,
and intended to be used as an area for seating, dining or recreation
outdoors.
A tent or tent-like covering or an open-sided structure with
a roof located in a yard, but not attached to a dwelling, and intended
to be used as an area for seating, dining or recreation outdoors.
Any use which is specifically permitted in a particular zoning
district.
Any enterprise conducted for gain which primarily offers
services to the general public, such as shoe repair, valet service,
watch repairing, barbershops, beauty parlors and related activities.
A building used for religious services, including churches,
synagogues, mosques and similar edifices.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
The building situated or to be placed nearest the front property
line and the use of which conforms to the primary use permitted by
the zone classification in which it is located.
The main use of land or structures, as distinguished from
a secondary or accessory use.
A retail establishment that provides duplicating services
using photocopy, blueprint and offset printing equipment, including
collating of booklets and reports.
Something owned, operated and supported by private individuals
or a corporation, rather than by government, and not available for
public use.
The conduct of business in any of the following or related
categories: law; architecture; engineering; medicine; dentistry; optometry;
osteopathy; chiropractics; optician; planning, accounting or consulting
of the nature of the aforestated categories and which do not include
outside storage space for business vehicles or equipment.
Something owned, operated and supported by the community
or the residents for the use and benefit of the general public.
Any government or governmental agency of Kingston Township,
Luzerne County, the State of Pennsylvania, or the United States Government.
Includes:
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. §§ 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Use of any land, water, or buildings by a municipality, public
body or board, commission or authority, county, state or the federal
government, or any agency thereof for a public service or purpose.
Telephone, electric and cable television lines, equipment,
structures; water or gas pipes, mains, valves or other structures;
pumping stations; telephone exchanges; and all other facilities, equipment
and structures necessary for conducting a service by public utility,
under the jurisdiction of the Pennsylvania Public Utility Commission,
in accordance with § 619 of the Pennsylvania Municipalities
Planning Code, Act 247, as amended.[3]
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
An individual authorized to prepare plans pursuant to § 503(1)
of the MPC, which states that plats and surveys shall be prepared
in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known
as the "Engineer, Land Surveyor and Geologist Registration Law,"[4] except that this requirement shall not preclude the preparation
of a plat in accordance with the act of January 24, 1966 (P.L. 1527,
No. 535), known as "Landscape Architects Registration Law,"[5] when it is appropriate to prepare the plat using professional
services set forth in the definition of the "practice of landscape
architecture" under § 2 of that Act.[6]
Recreational facilities operated as a business and open to
the public for a fee.
Recreational facilities other than commercial or public,
not operated for a profit, and only open to their members and their
guests.
Recreational facilities operated as a nonprofit enterprise
by a governmental entity or a nonprofit organization and open to the
general public.
Restoration of portions of a building to its condition as
before decay, wear or damage, but not including alteration of the
shape or size of any portion.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
The term "residential" or "residence" is applied herein to
any lot, plot, parcel, tract, area, or piece of land and/or any building
used exclusively for family dwelling purposes or intended to be used,
including concomitant uses specified herein.
A building, room or rooms where food is prepared and served
to a group of families, a club, or to the public and for consumption
within the enclosed structure.
An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared, fried
or grilled quickly, or heated in a device such as a microwave oven.
Orders are not generally taken at the customer's table, and food
is generally served in disposable wrapping or containers.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, and oil or
gas pipeline, water main, sanitary or storm sewer line or other special
use.
The outside boundaries of a highway right-of-way, whether
such right-of-way be established by usage, dedication or by the official
right-of-way.
Land that is traversed or bounded by a natural watercourse.
(The terms rooming house, boarding house, cooperative house
and lodging house are used synonymously in this chapter). A building,
other than a hotel or dormitory, where, for compensation and by prearrangement
for definite periods, lodging or lodging and meals are provided for
more than three persons.
Any room, or group of rooms, forming a single habitable unit
used for living and sleeping, but which does not contain cooking or
eating facilities.
A device incorporating a reflective surface that is solid, open
mesh, or bar configured and is in the shape of a shallow dish, cone,
horn or cornucopia. Such device shall be used to transmit and/or receive
radio or electromagnetic waves between terrestrial- and/or orbital-based
uses.
This definition is meant to include, but not be limited to,
that which is commonly referred to as satellite earth stories. TVROs
(television-reception-only satellite dish antennas) and satellite
microwave antennas.
A facility which provides a curriculum of elementary and
secondary academic instruction, including kindergartens, elementary
schools, middle schools, junior high schools and high schools that
are licensed by the state as such. Preschool facilities, including,
but not limited to, day-care facilities, are excluded from said definition.
(See definition of "day-care facility.")
The actual seating capacity of an area based upon the number
of seats or one seat per 18 inches of bench or pew length. For other
areas where seats are not fixed, the seating capacity shall be determined
as indicated by the most recent UCC Code.
A building or group of buildings in a controlled access and
fenced compound that contains varying sizes of individual compartmentalized
and controlled access stalls or lockers that are leased to individuals
for the storage of the individual's property, possessions or
wares.
Any premises where gasoline and other petroleum products
are sold and/or light maintenance activities, such as engine tune-ups,
lubrication and minor repairs, are conducted.
The minimum horizontal distance between the right-of-way
line, rear or side lines of the lot and the front, rear or side lines
of the building. When two or more lots under one ownership are used,
the exterior property line so grouped shall be used in determining
offsets.
The line within a property defining the required minimum
distance between any structure and the ultimate adjacent right-of-way,
and the line defining side and rear yards where required.
A sanitary sewage collection system, approved by the Pennsylvania
Department of Environmental Protection, in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal facility.
Any facility designed to biochemically treat sewage within
the boundaries of an individual lot in accordance with the applicable
rules and regulations of the Pennsylvania Department of Environmental
Protection.
A grouping of retail business and service uses in a single
principal building or in no more than two principal buildings on a
single site with common ingress, egress and parking facilities.
A structure or device designed or intended to convey information
to the public in written or pictorial form.
The entire area within a continuous perimeter, enclosing
the extreme limits of sign display, including any frame or border.
Curved, spherical or any other shaped sign face shall be computed
on the basis of actual surface area. The copy of signs composed of
individual letters, numerals or other devices shall be the sum of
the area of the smallest rectangle or other geometric figure encompassing
each of said letter or devices. The calculation for a double-faced
sign shall be the area of one face only. Double-faced signs shall
be so constructed that the perimeter of both faces coincide and are
parallel and not more than 24 inches apart.
A sign supported by one or more upright poles, columns or
braces placed in or on the ground and not attached to any building
or structure.
A sign illuminated in any manner by an artificial light source.
Any sign not permanently affixed in the ground or to a building,
including any sign attached to or displayed on a vehicle that is used
for the express purpose of advertising a business establishment, product,
service or entertainment when that vehicle is so parked as to attract
the attention of the motoring or pedestrian traffic.
Any sign other than a wall sign that is attached to and projects
from the wall or face of a building or structure, including an arcade/marquee
sign.
Any sign erected upon, against, or directly above a roof
eaves, or on top of or above the parapet, or on a functional architectural
appendage above the roof or roof eaves.
A sign painted on the outside of a building or attached to,
and erected parallel to, the face of a building and supported throughout
its length by such building.
A sign painted, stenciled, or affixed on a window which is
visible from a right-of-way.
An area designated as a separate and distinct parcel of land
on a legally recorded subdivision plat or in a legally recorded deed.
A plan, prepared to scale, showing accurately and with complete
dimensions the boundaries of a site and the location of all buildings,
structures, uses and features proposed for a specific parcel of land.
The deviation of the land surface from the horizontal, perpendicular
to the contours, expressed in percent and calculated by dividing the
vertical distance by the horizontal distance times 100.
A room or building used for friendly or convivial gatherings
normally owned and/or operated by a nonprofit or civic organization.
A plan that indicates necessary land treatment designed to
effectively minimize soil erosion and sedimentation measures requiring
approvals by the Luzerne County Conservation District.
Any facility operated pursuant to the laws of the Commonwealth
of Pennsylvania governing the management, processing, treatment, storage,
transfer and/or disposal of solid waste or waste, as so defined by
this chapter.
Any garbage, refuse, industrial, lunchroom or office waste
or other material, including solid, liquid, semisolid or contained
in gaseous material, resulting from the operation of residential,
municipal, commercial or institutional establishments and from community
activities, excluding "hazardous substances," as so defined by this
chapter, and "hazardous waste," as so defined by the Pennsylvania
Department of Environmental Protection, pursuant to Chapter 271.1,
under the Solid Waste Management Act, as amended.[7]
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10601 et seq., and
§ 10901 et seq.
A unique, rare, or otherwise specifically selected tree or
plant considered worthy of conservation by the municipality, because
of its species, size, age, shape, form, historical importance, or
any other significant characteristics, including listing as a Species
of Special Concern by the Commonwealth of Pennsylvania.
Slope shall be measured as the change in elevation over the
horizontal distance between consecutive contour lines. Slope shall
be measured over three two-foot contour intervals (six cumulative
vertical feet of slope). All slope measurements shall be determined
by a topographic survey signed and sealed by a registered surveyor
or engineer licensed to practice by the Commonwealth of Pennsylvania.
That portion of a building included between the surface of
any floor and the surface of the floor next above it; or if there
be no floor above it, then the space between the floor and ceiling
next above it.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
The dividing line between a lot and the outside boundary
or ultimate right-of-way of a public street, road or highway, legally
opened or officially plotted; or between a privately owned street,
road or way over which the owners or tenants of two or more lots each
held in separate ownership have the right-of-way
A major street located and designed for the continuous movement
of heavy volumes of all types of comparatively short-haul vehicular
traffic between communities and for collecting and distributing traffic
to and from expressways.
A street providing local access to residences and other uses
along its sides.
A street located and designed for all types of intercommunity
vehicular traffic, having a heavier traffic volume than secondary
collectors, and functioning to carry traffic to the arterials.
A street located and designed for all types of intercommunity
vehicular traffic, having a lighter traffic volume than primary collectors,
and functioning to carry traffic to the primary collectors or directly
to the arterials.
Any change in the shape or size of any portion of a building
or of the supporting members of a building or structure such as walls,
columns, beams, arches, girders, floor joists, or roof joists.
Any thing built, constructed or erected which requires location
on the ground or attachment to something located on the ground, whether
or not affixed to the ground.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development:
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
All subdivisions not classified as minor subdivision, including
but not limited to subdivisions of four or more lots, or any size
subdivision requiring any new street or extension of Township facilities
or the creation of any public improvements.
Any subdivision containing not more than five lots fronting on an existing public street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Chapter 22 or Chapter 27 of the Code of Ordinances of the Township of Kingston or these regulations, excluding industrial and commercial subdivision regardless of size. Any proposed subdivision of a lot of record which resulted from a minor subdivision shall be classified as a major subdivision when the cumulative number of lots, from the original lot of record and/or any resulting lot, exceeds four lots within five years from date of its approval under a minor subdivision classification. Information stating the above requirement shall be included upon all deeds for lots created under a minor subdivision.
Where in the judgment of the Township engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
of those improvements required as a condition for final approval have
been completed in accordance with the approved plan, so that the project
will be able to be used, occupied or operated for its intended use.
A licensed surveyor registered by the Commonwealth of Pennsylvania.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches in depth. A swimming pool, as herein
defined, shall include in-ground, aboveground, and on-ground structures,
as more particularly defined in the Uniform Construction Code.
An establishment used primarily for serving alcoholic beverages
to the general public and where food may be served or sold only as
an accessory to the primary use.
For a limited time only; not more than 90 days; not permanently.
Natural and friable loam containing sufficient nitrogen,
phosphorus and potassium to support plan growth and extending in depth
to the extent of penetration of feeder roots of the prevailing native
grasses.
A residential structure constructed as a single entity containing
a row of more than two single-family attached dwelling units but not
more than six single-family attached dwelling units, whereby each
unit may be sold as an individual single-family attached unit, with
each unit having a lot under individual or association ownership.
Each unit shall have its own front and rear access to the outside
and may have a common or public open space, such as an off-street
parking area, yard area, recreational area or similar common area.
No dwelling units shall be located over another unit and each unit
shall be separated from another unit by one or more party walls without
openings.
Township of Kingston, Luzerne County, Pennsylvania, also
known as "Kingston Township."
The area of land contained within the limits of the legally
described property lines bounding the tract.
The gross tract area minus the net area of a tract remaining
after wetlands, steep slopes of over 25%, soils subject to slumping
and all existing or proposed roads have been subtracted.
A facility which receives and temporarily stores solid waste
at a location other than the generation site, which facilitates the
bulk transfer of accumulated solid waste to another facility or site
for further processing and/or disposal of said solid waste. Said use
shall be classified and regulated as a solid waste facility.
Cuttings from vegetation, refuse, paper, bottles, rags.
A building and/or land used primarily for the maintenance
and storage of large commercial vehicles.
A structure, building and/or land consisting of a storage
area, management and dispatch office and loading and unloading facilities
connected with receipt or delivery of freight shipped by truck.
The purpose for which land or a building is arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S § 10101 et seq.
A conveyance for persons or materials.
A secondary or higher education facility primarily teaching
usable skills that prepare students for a job in a trade and meeting
applicable state requirements as a vocational facility.
A building used primarily for storage of goods and material.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, excluding the bulk storage of materials
that are inflammable, explosive, hazardous or commonly recognized
as offensive.
A permanent or intermittent stream, river, brook, creek,
or channel or ditch for collection and conveyance of water, whether
natural or man-made.
Any site shall be considered as waterfront property provided
any or all of its lot lines abut on or are contiguous to any body
of water including creek, canal, river, or any other body of water,
natural or artificial — not including a swimming pool –
whether said lot line is front, rear or side.
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township.
Areas that are inundated and saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. Any area meeting the official
wetland definition of the United States Army Corps of Engineers or
the Pennsylvania Department of Environmental Protection, as amended,
shall be considered a wetland for the purposes of this chapter. In
the event the definition of "wetland" accepted by the United States
Army Corps of Engineers conflicts with the definition of a "wetland"
accepted by the Pennsylvania Department of Environmental Protection,
the more restrictive definition shall apply.
A tract or parcel of land containing a commercial antenna,
its support structure, accessory building(s) and parking.
A tree mass or plant community in which tree species are
dominant or co-dominant and the branches of the trees form a complete,
or nearly complete, aerial canopy. Any area, grove, or stand of mature
or largely mature trees (larger than six inches DBH) covering an area
of 1/4 acre or more, or consisting of 10 individual trees larger than
six inches DBH, shall be considered a woodland. The extent of any
woodland plant community or any part thereof shall be measured from
the outermost drip line of all the trees in the plant community.
An open space on the same lot with a building; said space
lies between the building setback line and nearest lot or street line.
A yard extending across the full width of the lot and abutting
the front lot line, the required depth of which yard is a prescribed
minimum distance between the front lot line and a line parallel thereto
on the lot.
A yard extending across the full width of the lot and abutting
the rear lot line, the required depth of which yard is a prescribed
minimum distance between the side lot line and a line parallel thereto
on the lot.
A yard abutting a side lot line extending from the front
yard to the rear yard, the required width of which yard is a prescribed
minimum distance between the side lot line and a line parallel thereto
on the lot.
A portion of the Township of Kingston illustrated upon the
Official Zoning Map,[8] within which certain uniform regulations and requirements
apply under the provisions of this chapter.
The Zoning Hearing Board of Kingston Township, Luzerne County,
Pennsylvania.
The official map that is part of this chapter and indicates
and delineates the zoning districts of the Township of Kingston, Luzerne
County, Pennsylvania.[9]
The administrative officer appointed by the governing body
to administer and enforce this chapter.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See 53 P.S. § 10503(1.1).
[3]
Editor's Note: See 53 P.S. 10619.
[4]
Editor's Note: See 63 P.S. § 148 et seq.
[5]
Editor's Note: See 63 P.S. § 901 et seq.
[6]
Editor's Note: See 63 P.S. § 902.
[7]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[8]
Editor's Note: The Zoning Map is on file in the Township offices.
[9]
Editor's Note: The Zoning Map is on file in the Township offices.
