TOWNSHIP OF K7NGSTONelibrary.pacounties.org/Documents/Luzerne_County/1602... · 2012-05-02 · TOWNSHIP OF K7NGSTON Luzerne Counq, Pennsylvania ZONING ORDINMCE Ordinance ofJune 11,1975

TOWNSHIP OF K7NGSTON

Luzerne Counq, Pennsylvania

ZONING ORDINMCE

Ordinance ofJune 11,1975 As Amended Through

Ordinance 2003-4, May 14,2003

Penns Valley Publishers A Dinsion of FT Communications, Inc.

Mechanicsburg, Pennsylvania

CHAPTER 27

ZONING

Part 1

Introduction and Enactment

S.101. Title S102. Enactment S103. Purposes §104. Compliance

Part 2

Definitions of Words

S201. Specific Definitions

§301. S302. S303. S304. 5305. S306. $307. S308. §309. S310. S311. S312. S313. $314. S315. S316. 5317. S318. S319. S320. S321. S322. §323. S324. S325. S326. S327. § 3 2 8 . S329.

Part 3

General Provisions

Abandoned Real Property Access Control Accessory Buildings in Residential Districts Building on Through Lots Churches and Schools Cemeteries, Mausoleums, Crematories Conversion of Dwellings Excavation of Sand Gravel, Coal or Other Material Nonconforming Uses Fences Garbage Disposal Group Housing Home Occupation Junk Yards Land Subject to Flooding Living Units in Zones Other than Residential Minimum Living Area Mobile Homes, Trailers and Mobile Home or Trailer Parks Moving of Buildings Non-Conforming Buildings or Structures Non-Conforming Lot Non-Conforming Uses of Buildings and Structures Nursing Homes Obstruction to Vision at Road Intersection Offensive Color, Design, Smoke, Noise, Etc. Off-street Parking and Loading Overhanging or Extruding Projections Parking of Motor Vehicles and Trailers Performance Standards

Page Revised 11/8 /1989 - 327 -

5330. 5331. S332. s333. s334. s335. S336. s337. S338. S339. S340. S341. s342 . s343 . 5344. S345. §346. S347. §348

Pending Application for Building Permits Permitted Building Areas Principal Building on a Lot Retaining Walls Shopping Centers Rear Dwelling and Easements Required Therewith Road Frontage Required Traffic Visibility Across Corner Lots Certain Buildings and Land Use Expected Swimming Pools; Private, Community or Club Time Limitation Notice of Starting Work Existing Lots of Record Yards Day Care Facilities Private Nurseries and Kindergartens Bed and Breakfast Establishments Public and Semipublic Uses Regulations Governing Communications Antennas and Communications Equipment Buildings

Part 4

Establishment of Districts

S401. Type of Distxicts 5402. Zoning Maps 5403. Districts Boundary Lines

Part 5

Uses Permitted in Districts

S501. S502. S503. S504. S505. S506. 5507. S508. S509. 5510. 5511. S512.

Conservation District Agricultural District Single-Family Residential District Two-Family Residential District Multi-Family Residential District Mobile Home Park Residential District Neighborhood Commercial District General Commercial District Industrial District Mining District Planned Residential Development Conservation Subdivision

Part 6

Conditional Uses

S601. General Criteria: Conditional Uses S602. Procedure to Review

- 328 - Page Revised 7/23/2003

Part 7

Zoning Hearing Board

1701. 1702. 1703. 1704. 1705. 1706. 1707. 1708. 1709. 1710. 1711.

Zoning Hearing Board Parties Appellant Before the Board Stay of Proceedings Hearings Variances Jurisdiction Court Review Special Exceptions Conditional Uses Time Limitations Stay of Proceedings

Part 8

Administration and Enforcement

1801. Administration 1802. Enforcement 1803. Complaints Regarding Violations 1804. Schedule of Fees 1805. Enforcement Notice 1806. Causes of Action $807. Enforcement Remedies

Part 9

Amendment to Map or Text

1901. General $902. Enactment of Zoning Ordinance Amendments 1903. Procedure for Landowner Curative Amendments 1904. Procedure for Township Curative Amendments

Part 10 Interpretation and Validity

01001. Interpretation

Page Revised 1/9/1991 - 329 -

(27, $101)

Part 1

Introduction and Enactment

(27, 5101)

$101. Title. These regulations shall be known and may be cited as (Ord. 6/11/1975A, the Zoning Ordinance of Kingston Township, Pennsylvania.

51 1

5102. Enactment. Whereas the Board of Supervisors of the Township of Kingston has acted pursuant to the authority granted to it by Act 247, the Pennsylvania Municipalities Planning Code of July 1968 as amended by Act 93 of 1972 and the Comprehensive Land Use Plan of Kingston Township, the following ordinance to be known as the "Zoning Ordinance of Kingston Township, Pennsylvania", is hereby adopted and ordained effective the - 14th day of January 1987. As part of this Chapter so enacted into law is the "Official Zoning Map of the Township of Kingston", said map being identified by the inscription "Zoning Map of Kingston Township, Pennsylvania" adopted on the - 14th day of January 1987, as amended, and signed by Fred Potzer, Secretary of the Board of Supervisors. (Ord. 6/11/1975A, 52; as amended by Ord. 86-5, 1/14/1987)

5103. Purposes. The zoning regulations and districts as herein set forth are made in accordance with the Comprehensive Land Use Plan of Kingston Township, with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures, and in order to promote, protect and facilitate the public health, safety and welfare of the inhabitants of Kingston Township and of the public generally. The provisions are designed to prevent overcrowding of land, danger and congestion in travel and transportation, loss of health, life or property or other dangers. The Chapter is also intended to support the following community development objectives:

A. Appearance - To improve the appearance of the land and structures in Kingston Township and to improve the utility of land, especially level- ing the stripping areas and banks, controlling signs, and screening junk- yards and other areas of bad appearance.

B. Education - To help maintain public and private school systems, capable of maximizing a student's potential, including large administrative districts with diversified educational opportunities. To better educate people of all ages, races, incomes, mental capacities and physical handicaps.

C. Transportation - To create an integrated transportation system, of using public transportation to its maximum effectiveness, and integrating it with private transportation, and to prepare and obtain acceptance of a continuing transportation system for Kingston Township, as related to Luzerne County, and its Transportation Authority and particularly to assist low income groups and elderly citizens in obtaining better transportation to jobs and shopping areas.

D. Recreation and Tourism - Provide sufficient recreation facilities, particularly at the Township level, to meet national standards, and promote tourism to the greatest extent possible.

a

E. Pollution - Eliminate or reduce major sources of pollution.

Page Revised 11/8/1989 - 331 -

(27, §103(F)) (27 , §103(F))

a F. Flooding - To provide additional flood protection for critical areas , and to discourage development in flood plains that would be damaged by flooding.

G. Housing - To provide an adequate supply of sanitary and safe housing in a decent environment in Kingston Township for all income groups, regardless of race, color or background, including the ,rehabilitation of existing structures.

H. Crime Prevention - To reduce the incidence of crime to the extent possible, within Kingston Township.

I. Economics - To increase the tax base by providing land for commercial growth, and industrial growth where feasible, in the foreseeable future, so that it does not conflict with residential or public development .

J. Utilities - To promote the provision of public and private utilities in Kingston Township.

K . Land Use and Comprehensive Plans - To use the Zoning Ordinance as a tool to help implement the Land Use and Comprehensive Plans of Kingston Township.

L. Health - To improve the health of the residents of Kingston Township by controlling pollution, separating new residences for adequate light, sun and air, and the provision of adequate treatment facilities at the lowest possible cost. To reduce pollution to the lowest level which is economically feasible. To limit densities o f population to reasonable standards, depending on location, to provide attractive surroundings, have sufficient parking and avoid congestion.

(Ord. 6/11/1975A, §3)

§104. Compliance. Except as hereinafter provided, no land, building, structure or premises shall hereafter be used, and no building or part thereof o r other structure shall be located, erected, reconstructed, extended, enlarged, converted, altered or moved except in conformity with the regulations herein specified for the district in which it is located, and in conformity with all duly ordained ordinances, resolutions and subdivision regulations of Kingston Township except for provisions as stated in the Planned Residential Development Ordinance in effect or hereafter adopted. No yard space or minimum area required for a building or use shall be considered as any part of the yard space or minimum area for another building or use. (Ord. 6/11/1975A, §4)

- 332 - Page Revised 11/8/1989

(27, s201)

Part 2

Definitions of Words

(27, § 2 0 1 )

8201. Specific Definitions. For the purpose of the administration and enforcement of this Part, and unless otherwise stated in this Part, the following words shall have a meaning 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.

ACCESSORY BUILDING - 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.

ADVERTISING SIGNS - a surface whereon advertising material is set in public view, including reference to any use of premises whereon it is displayed or posted.

ALLEY - a narrow thoroughfare dedicated or used for public passageway up to twenty feet (20') 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.

ALTERATIONS - 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".

APARTMENT BUILDING - a building which is used or intended to be used as a home or residence for more than two (2) families living in separate quarters.

APPLICATION FOR DEVELOPMENT - 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. [Ord. 1989-51

AREA OF A COMMUNICATION SITE - 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. [Ord. 2000-31

AUTOMOTIVE SALES AND SERVICES - the sale or storage of new and used automobiles, paint and body repair shops.

BED AND BREAKFAST ESTABLISHMENTS - a building occupied to provide, for compensation, sleeping accommodations and breakfast for transient guests.

(1) Bed and Breakfast Homestay - a home occupation providing, for compensation, sleeping accommodations and breakfast for compensation [for] transient guests.

(2) Bed and Breakfast Inn - a building occupied primarily as a business, the owner may live on the premises, providing sleeping accommodations and breakfast for transient guests.

Page Revised 4/12/2000 - 333 -

(27, §201, cont'd) ( 2 7 , §201, cont'd)

[Ord. 90-83

BOARD - Any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjudications. [Ord. 1989-51

BOAT HOUSE - a house or shed for sheltering one or more boats.

BOUNDARY OF DISTRICT - the centerline of a street or right-of-way or the centerline 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.

BUILDABLE AREA - 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.

BUILDING - 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.

BUILDING LINE - a line running parallel to the front property line at the minimum horizontal setback distance required in each zoning district. [Ord. 1989-41

BUILDING SITE - the ground area of a building or buildings, together with all open spaces surrounded by said building, or buildings.

CAMPER - a mobile home, tent, trailer, or other self-contained vehicle designed for recreational purposes, made of metal.

CARE HOMES - 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.

CENTERLINE, HIGHWAY - 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.

CERTIFIED SURVEY - 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.

CHURCH - a legally approved structure and its accessory buildings used and approved on a permanent basis, primarily for public worship.

CLUB, PRIVATE - 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

- 334 - Page Revised 4/12/2000

(27, S201, cont'd) (27, §201, cont'd)

e

I i

incorporated under the laws of Pennsylvania as a non-profit 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.

COMMON OPEN SPACE - 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. [Ord. 1989-51

COMMUNICATIONS ANTENNA - 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. [Ord. 2000-31

COMMUNICATIONS EQUIPMENT BUILDING - 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. [Ord. 2000-31

COMMUNICATION TOWER - 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. [Ord. 2000- 1 1

COMMUNICATION TOWER SITE - 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. [Ord. 2000-31

CONDITIONAL USE - 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. §lo601 et seq. [Ord. 1989-51

DAY CARE FACILITIES -

(1) Day Care Center - a facility in which care is provided for periods of less than twenty-four (24) hours per day, for one (1) or more children, at any one (1) time, where the child care areas are not being used as a family residence. (A child is a person under sixteen (16) years of age.)

(2) Group Day Care Home - a facility in which care is provided f o r periods of less than twenty-four (24) hours per day, for more than six (6) but less than twelve (12) children, at any one (1) time, where the child cace areas are being used as a family residence. (A child is a person under sixteen (16) years of age.)

(3) Family Day Care Home - any premises other than the child's own home, operated for profit or not for profit, in which child day care is

Page Revised 4/12/2000 - 335 -

(27, §201, cont'd) (27, 5201, cont'd)

a provided at any one (1) time to six ' ( 6 ) children or less who are not relatives of the care giver, for periods of less than twenty-four ( 2 4 ) hours per day where the child care areas are not being used as a family residence. (A child is a person under sixteen (16) years of age.)

[Ord. 90-81

DECISION - 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. [Ord. 1989-51

DEPTH OF LOT - 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.

DEVELOPER - 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. [Ord. 1989-53

DEVELOPMENT PLAN - 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. [Ord. 1989-51

DETERMINATION - Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

1. The Board of Supervisors;

2. The Zoning Hearing Board; or

3 . 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.

[Ord. 1989-51

DWELLING - A structure or portion thereof which is used exclusively for human habitation.

a. Single-Family Detached Dwelling - A 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.

b. Single-Family Attached Dwelling - A dwelling designed for and occupied exclusively by one family, and having no more than two party walls in common with any other dwelling.

(1) Quadruplex - four single-family attached dwellings in one structure in which each dwelling has two (2) open space exposures and shares one or more party walls with adjoining units.

- 3 3 6 - Page Revised 4/12/2000

(27, §201, cont'd) (27, §201, cont'd)

(2) Townhouse - a single-family attached dwelling in a row of at least three (3) 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.

c. Two-Family Detached Dwelling - A dwelling designed for and occupied exclusively as a dwelling by two families.

(1) Twin - a two-family dwelling with one dwelling unit on each side of the vertical party wall.

(2) Duplex - a 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.

d. Two-Family Semi-Detached Dwelling - A 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.

e. Multi-Family Dwelling - A dwelling designed for and occupied exclusively by more than two (2) families.

(1) Garden Apartment - a multi-family dwelling of three stories or less in height, excluding residential conversions.

(2) Mid-Rise Apartment - a multi-family dwelling of four full stories or more in height, excluding residential conversions.

f. Seasonal Dwelling - A single-family detached dwelling used for seasonal and temporary living purposes during any season.

g. Dwelling, Transient - Dwellings 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 dormatories.

h. Dwelling Group - One or more buildings, not more than two and one half (2-1/2) stories in height, containing dwelling units and constituting two (2) or three ( 3 ) sides of a court which opens onto a street.

i. Dwelling Unit - Two 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.

j. Dwelling Unit, Accessory - a 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:

A. Shall not exceed three ( 3 ) rooms or eight hundred ( 8 0 0 ) square feet in total liveable area.

B. Is not intended for occupancy by more than three (3) persons.

Page Revised 4/12/2000 - 337 -

(27, 9201, cont’d) (27, 9201, cont’d)

k. Dwelling Unit, Temporary - A dwelling unit providing complete or partial housekeeping facilities for one family €or short term use.

ESSENTIAL SERVICES - 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. [Ord. 2000-31

FAMILY - 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.

FLOOR AREA - 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 RATIO - floor area building or buildings on any lot divided by the area of the lot.

FRONTAGE - the distance or width of a parcel of land abutting a public right-of-way and as measured upon such right-of-way.

GARAGE, COMMUNITY - 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.

GARAGE, PRIVATE - 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 stor.age of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature for profit.

GARAGE, PUBLIC - 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.

GAS STATION - 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 f o r 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.

HEIGHT (STRUCTURES) - the mean level of the ground surrounding a structure.

HEIGHT OF A COMMUNICATIONS TOWER - 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. [Ord 2000-31

HIGHWAY - any public thoroughfare wider than thirty- three feet ( 3 3 ‘ ) including streets, which affords primary access to abutting property, and any thoroughfare of less width which is not classified as an alley (street).

HOSPITAL - an institution providing health services, primarily for in-

- 338 - Page Revised 4/12/2000

(27, §201, cont'd) (27, S201, cont'd)

patients, and medical and surgical cake of the sick or injured including as an integral part of the institution such related facilities as laboratories, out-patient departments, training facilities, central service facilities, and staff offices.

HOTEL - a building occupied as the more or less temporary residence of individuals who are lodged, with or without meals, and in which there are ten (10) or more sleeping rooms and entrance is through a common lobby or office.

JUNK - 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.

JUNK YARD - 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.

I LAND DEVELOPMENT - Any of the following activities:

e A. The improvement of one (1) lot or two (2) or more contiguous

lots, tracts or parcels of land for any purpose involving:

(1) A group of two (2) 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,

(2) The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features;

B. A subdivision of land.

C. "Land development" does not include development which involves :

(1) The conversion of an existing single family detached dwelling or single family semi-detached dwelling into not more than three ( 3 ) residential units, unless such units are intended to be a condominium;

(2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or

.

0

( 3 ) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.

[Ord. 1989-53

Page Revised 4/12/2000 - 3 3 9 -

( 2 7 , §201, cont'd) (27, §201, cont'd)

mater vibra

LIGHT .ials .tion,

MANUFACTURING - the processing and fabrication of certain and products where no process involved will produce noise, 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 non-ferrous metal castings; film processing; light sheet metal products; plastic goods; pharmaceutical goods; and food products but not animal slaughtering, curing, nor rendering of fats.

LOT - 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. [Ord. 1989-51

LOT, CORNER - 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 one hundred thirty-five degrees (135'1, the lot fronting on said intersection is not a corner lot.

LOT, INTERIOR - any lot which is not a corner lot that has frontage only on one street other than an alley.

LOT LINES, FRONT - 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.

LOT LINES, REAR - 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.

LOT LINES, SIDE - 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.

LOT, THROUGH - any lot having frontage on two parallel or approximately parallel streets or other thoroughfares.

MAPPED STREETS - 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.

MOBILEHOME - A transportable, single family dwelling intended for permanent occupancy, contained in one (1) unit or in two ( 2 ) or more units designed to be joined into one (1) integral unit capable of again being separated €or 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. [Ord. 1989-51

MOBILEHOME LOT - A parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the

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(27, 8201, cont'd) (27, 8201, cont'd)

erection thereon of a single mobilehome. [Ord. 1989-51

MOBILEHOME PARK - A parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobilehome lots for the placement thereon of mobilehomes. [Ord. 1989-53

MOTEL, OR MOTOR HOTEL - 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 ten (10) residential units or rooms, which generally have direct, private openings to a street, drive or patio, etc.

MUNICIPAL AUTHORITY - 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." [Ord. 1989-51

NONCONFORMING LOT - 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. [Ord. 1989-51

NONCONFORMING STRUCTURE - 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. [Ord. 1989-51

NONCONFORMING USE - 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. [Ord. 1989-51

NURSERIES and KINDERGARTENS (PRIVATE) - a private nursery school or kindergarten exists when five (5) or more children from three (3) through six (6) years of age are gathered regularly for the purpose of developing intellectual, emotional, physical and social skills. [Ord. 90-81

PARKING SPACE - that area required for the parking or storage .of one automobile, including necessary aisle or driveway space providing access thereto.

PLANNED RESIDENTIAL DEVELOPMENT - 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. [Ord. 1989-53

PRINCIPAL BUILDING - 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.

PROFESSIONAL SERVICES - the conduct of business in any of the following or related categories: law; architecture; engineering; medicine; dentistry; optometrics; osteopathy; chiropractics; optician; planning, accounting or

Page Revised 4/12/2000 - 341 -

(27, 8201, cont'd) ( 2 7 , 8201, cont'd)

consulting of the nature of the aforestated categories and which do not include outside storage space for business vehicles or equipment.

PUBLIC BODY - any government or governmental agency of Kingston Township, Luzerne County, the State of Pennsylvania, or the United States Government.

PUBLIC GROUNDS - Includes:

A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;

B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

C. publicly owned or operated scenic and historic sites.

[Ord. 1989-51

PUBLIC HEARING - 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. [Ord. 1989-53

PUBLIC MEETING - 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. S1271 et seq. [Ord. 1989-51

PUBLIC NOTICE - Notice published once each week for two (2) 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 thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing. [Ord. 1989-53

PUBLIC USE - 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.

PUBLIC UTILITY TRANSMISSION TOWER - 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. [Ord. 2000-31

REPAIRS - 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.

REPORT - 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. [Ord. 1989-51

- 3 4 2 - Page Revised 4/12/2000

(27, §201, cont'd) (27, § 2 0 1 , cont'd)

RESIDENTIAL - 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.

RESTAURANT - 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.

RIGHT-OF-WAY LINE - 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.

ROOMING HOUSE - (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 prearrange- ment for definite periods, lodging or lodging and meals are provided for more than three (3) persons.

ROOMING UNIT - 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.

SETBACK - 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.

SITE - an area designated as a separate and distinct parcel of land on a legally recorded subdivision plat or in a legally recorded deed.

SPECIAL EXCEPTION - 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. §§lo601 et seq., 10901 et seq. [Ord. 1989-51

STORY - 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.

STREET - 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. [Ord. 1989-51

STRUCTURE - 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. [Ord. 2000-31

STRUCTURAL ALTERATIONS - 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.

SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means into two (2) 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 ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. [Ord. 1989-51

Page Revised 4/12/2000 - 342.1 -

(27, §201, cont'd) (27, S201, cont'd)

SUBSTANTIALLY COMPLETED - where in the judgment of the Township engineer, at least ninety (90%) percent (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. [Ord. 1989-51

TRASH - cuttings from vegetation, refuse, paper, bottles, rags.

USE - 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.

VARIANCE - Relief granted pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S §lo101 et seq. [Ord. 1989-53

VEHICLE - a conveyance for persons or materials.

WATERFRONT - 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.

WATER SURVEY - An inventory of the source, quantity, yield and use of groundwater and surface-water resources within the Township. [Ord. 1989- 21

YARD - an open space on the same lot with a building; said space lies

YARD, FRONT - 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.

between the building setback line and nearest lot or street line.

YARD, REAR - 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 rear lot line and a line parallel thereto on the lot.

YARD, SIDE - 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.

(Ord. 6/11/1975A, Art. 11; 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, §l; and by Ord. 2000-3, 4/12/2000)

- 342.2 - Page Revised 4/12/2000

(27, §301)

Part 3

General Provisions

(27, 9301)

5301. Abandoned Real Property.

1. For any public street or alley which is hereafter official1 vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned. In the event abandoned property is not divided at the centerline for abutting properties, the zoning districts applicable shall apply to such ownership line as determined by virtue of such abandonment.

2. For any public property other than streets or alleys, the regulations applicable to the zoning classifications which abuts the abandoned property for the greatest number of lineal feet shall apply to the entire property.

(Ord. 6/11/1975A, Art. 111, §1; as amended by Ord. 86-5, 1 /14 /1987)

9302. Access Control. In order to promote the safety of motorists and the pedestrian and to minimize traffic congestion and conflict by reducing the magnitude of and the number of points of contact, the following regulations shall apply on local roads:

1. A point of access, that is, a driveway or other opening for vehicles onto a public street, shall not exceed twenty-five feet ( 2 5 ' ) in width, except as otherwise provided in this section.

2. The maximum number of points of access permitted onto any one ( 1 ) street shall be as follows:

Lot Width Abutting Street Number of Points of Access

Less than 65 feet 65 feet to 200 feet Greater than 200 feet

1 2

2 , plus 1 for each additional 200 feet or fraction thereof

3. In lieu of any two openings pernitted on any one street, there may be permitted a single point of access up to thirty-five feet ( 3 5 ' ) in width. However, service stations shall be permitted two ( 2 ) openings, not to exceed thirty-five feet (35') each in width along any abutting public street providing that such property abuts such street for a distance of not less than one hundred twenty feet ( 1 2 0 ' ) .

4 . There shall be a minimum distance of twelve feet ( 1 2 ' ) between any two openings onto the same street.

5. No point of access shall be allowed within thirty feet ( 3 0 ' ) of the intersection of the right-of-way lines of any public street.

6 . No curbs shall be cut or altered and no point of access or opening for vehicles onto a public street shall be established without a permit issued by Kingston Township Supervisors under the supervision of the Road Suyerint endent'.

(Ord. 6/11/1975A, Art. 111, 53; as amended by Ord. 86-5, 1 /14 /1987)

- 343 -

(27, 1303) (27, 1303)

1303. Accessory Buildings in Residential Districts. No accessory building in residential districts shall be erected in any required court or any yard other than a rear yard, except as provided hereafter. An accessory building may be erected as part of a principal building or if at least six (6') feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements of this Chapter for a principal building are complied with.

1. Corner Lots in Agricultural and Residential Districts - Any Agricultural or Residential District, where a corner lot adjoins in the rear a lot fronting on the side street, no part of any accessory building on such corner lot within twenty-five (25') feet of the common lot line shall be nearer a side road lot line than the least depth of the front yard required along such side street for a dwelling on such lot, and in no case shall any part of such accessory building be nearer to the side road lot line than the least width of the side yard required for the principal building to which it is accessory.

2. Setbacks for Accessory Buildings - Setbacks for accessory buildings shall be distant at least ten (10') feet from rear property lines and at least fifteen (15') feet from lot lines of adjoining lots in a residential district. [Ord. 1989-41

(Ord. 6/11/19758, Art. 111, 14; as amended by Ord. 1989-4, 6/13/1989, 116)

1304. Buildings on Through Lots. Where a lot extends through from one street to another, the setback requirement for each such street shall apply. On lots having frontage on more than two streets, the minimum front yard shall be provided in accordance with the provisions of this Part on at ieast two (2 ) of the street frontages. amended bv Ord. 86-5. 1/14/1987)

(Ord. -6/11/1975A, Art. 111, 14; as

1305. Churches and Schools. Public schools shall be subject to the regulations in this Chapter set forth in Part 5, 1504.

1. Private schools, churches and religious institutions shall be permitted in agricultural, single-family residential districts, two-family residential districts, multi-family residential districts, general commercial, and neighborhood commercial districts provided that the following requirements are complied with:

A. Off-street parking shall be provided as set forth in Part 3, 1330.

B. The principal building and accessory buildings shall comply with the yard and setback requirements oI' the district in which it is located; and in no case less than the minimum requirements set forth in the district.

2. Private schools, churches and religious institutions may be permitted as a conditional use. see Part 6, 1603.

(Ord. 6/11/1975A, Ast. 111, 56; as amended by Ord. 86-5, 1/14/1987)

1306. Cemeteries, Mausoleums and Crematories. No premises shall be used or occupied for the purpose of a cemetery, mausoleum or crematory in any district excepting in multi-family residential, single-family residential, and agricultural districts and then only upon approval after public

- 344 -

(27, 5306, cont'd) (27, 5306, cont'd)

hearing. No land for which a plat has not been recorded shall be used for any burials. The dead shall not be buried or placed closer than ten feet (10') to any property line. (Ord. 6/11/1975A, Art. 111, 07; as amended by Ord. 86-5, 1/14/1987)

5307. Conversion of Dwellings. The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the Part applying to such district. (Ord. 6/11/1975A, Art. 111, 18)

5308. Excavation of Sand, Gravel, Coal or Other Material. Excavation of sand, gravel, coal or other material from the surface shall be considered a temporary use, and shall be permitted only in a mining district. The extent of excavations shall not be nearer than one hundred feet (100') to any school, church, dwelling or highway. Operations for drilling, blasting and excavating purposes shall not be conducted earlier than 7:OO A.M. nor later than 7:OO P.M. during each day except Sunday. On Sunday, all operations shall cease. (Ord. 6/11/1975A, Art. 111, 110; as amended by Ord. 86-5, 1/14/1987)

1309. Nonconforming Uses. Nothing contained in this Chapter shall be deemed or construed to prohibit a continuation of the particular lawful use or uses of any land, building, structure, improvement or premises legally existing in the respective districts at the time this Chapter becomes effective; provided, however, that if any such existing lawful uses change to a different use after the date of the adoption of this Chapter, such different use shall conform to the provisions of this Chapter regulating the particular district in which said premises is situated. If any legally nonconforming use or occupancy of a building or premises conflicts with any requirement of this Chapter or any of its amendments, such use shall not be moved, structurally altered or added to except after approval by the Zoning Officer, subject to the requirements of Sections 320, 321 and 322 of this Chapter .

All future building, structures, repairs, alterations or other improvements shall comply with all district requirements contained herein, and such structural provisions of the building code and other regulations as have been incorporated herein and made a part hereof, including any building on which construction has been suspended at the time this Chapter was adopted and any building for which foundations were not completed at said time .

N o nonconforming building or structure shall be extended or enlarged except when authorized by the Zoning Hearing Board who may permit one enlargement or extension up to twenty-five percent (25%) of the floor area of the structure as it existed at the time of passage of this Chapter.. [Ord. - 91-41

(Ord. 6/11/1975A, Art. 111, 511; as amended by Ord. 86-5, 1/14/1987; and by

Page Revised 12/11/1991 - 345 -

(27, §309, cont'd) (27 , 0309, cont'd)

Ord. 91-4, 6/12/1991, 02)

5310. Fences. Except in mobile home parks, industrial, general and neighborhood commercial districts, no fence, wall, or screened structure - excluding plants and shrubbery - over six feet ( 6 ' ) in height shall be built within any required yard. (Ord. 6/11/1975A, Art. 111, 012)

0311. Garbage Disposal. Sanitary land fill disposal areas may be (E approved only as a conditional use in accordance with §§603 and 604.

6/11/1975A, Art. 111, $13; as amended by Ord. 86-5, 1 /14/1987)

§312. Group Housing. Group housing developments, two (2) single or multiple family dwellings to be constructed on a plot of ground under single ownership of one (1) acre or more, not subdivided into the customary streets and lots and which shall not be so subdivided, may be developed in -any multi-family district provided that:

1. Maximum percent of lot coverage shall not exceed that which is required for the districts in which the project is located.

2. Height limits, front, side or rear yard requirements shall be met in accordance with the district in which such group housing is permitted. (Ord. 6/11/19758, Art. 111, 514)

$313. Home Occupations. Home occupations including any profession, vocation, business trade, and personal services may be conducted in any agricultural district. Home occupations, with the exception of commercial stables or kennels and any occupation which customarily requires the use of a panel or delivery truck, may be conducted in a residential district only after approval of the Zoning Hearing Board which shall hold a public hearing as set forth in Part 7, 0703 of this Chapter. The Zoning Hearing Board may then deny or grant approval of such home occupation in accordance with the special exception procedures of the zoning chapter.

The home occupation shall be conducted within the principal building and only by members of the family residing in the building. Not more than one person shall be employed who is not a resident of the premises.

2. Not more than twenty percent ( 2 0 % ) of the gross floor area of any dwelling unit may be used for a home occupation, except for medical and dental offices and foster family care, which may use up to forty percent (40%).

3 . For the purpose of identification of such use, one (1) non- illuminated wall sign not exceeding four ( 4 ) square foot in area may be permitted. Such signs shall identify only the name of the profession and the name of the occupant of the premises and shall be mounted against a wall of the principal building.

4. No motor power other than electrically operated motors shall be used in conjunction with such home occupation and the total horsepower of such permitted electrical motors shall not exceed three (3) horsepower, or one (1) horsepower for any single motor. I

5. There' shall be no alteration in the residential character of the premises in connection with such home occupation unless so authorized by the Zoning Hearing Board.

a

1.

6 . No merchandise or articles for sale shall be displayed for

- 346 - Page Revised 12/11/1991

(27, 5313, cont'd) (27, 5313, cont'd)

advertising purposes and no sign or device relative to the sale of such merchandise shall be displayed on the premises.

7. No article or materials used in connection with such home occupation shall be stored other than in the principal building so used.

8 . Any home occupation as provided for in this section may be reviewed by the Zoning Officer at any time and may revoke permission to continue such home occupation at any time thereafter for failure to comply with this chapter or conditions established under a special exception. (Ord. 6/11/1975A, Art. 111, §15; as amended by Ord. 86-5, 1/14/1987)

§314. Junk Yards.

1. All junk yards shall be completely screened from view with a solid fence or wall, maintained in good condition, and painted except for masonry construction, or with suitable plantings.

2. No operations shall be conducted which shall cause a general nuisance or endanger the public health.

3. All existing junk yards shall comply with these requirements within one year of the date of this Chapter or any revision thereto, or shall then terminate their operation. (Ord. 6/11/1975A, Art. 111, 516; as amended by Ord. 86-5, 1/14/1987)

5315. Land Subject to Flooding. No building shall be moved onto or constructed on land subject to frequent flooding in any zone, nor shall any existing building so located be enlarged, repaired or altered except in accordance with the floodplain regulations, Chapter 8. If there is any question about the frequency or extent of flooding of any property for which a permit has been requested, the Township Floodplain Map shall be consulted. (Ord. 6/11/1975A, Art. 111, 518; as amended by Ord. 86-5, 1/14/1987)

5316. Living Units in Zones Other Than Residential. Dwellings shall not be permitted in any business or industrial zone as a principal use. However, living units may be established within the principal building in a business or industrial use., provided that such living units within any general commercial or neighborhood commercial district shall have direct access to an abutting street. In the general commercial and neighborhood commercial districts, living units shall be permitted as accessory to the permitted use, and single family dwellings shall be permitted on existing lots of record including other uses permitted on the same lot as accessory uses. All uses permitted in this section shall be subject to the Condi- tional Use procedures in $0603 and 604. (Ord. 6/11/1975A, Art. 111, §19; as amended by Ord. 86-5, 1/14/1987)

$317. Minimum Living Area. No single or multiple family living unit shall be constructed within a total living area of less than five hundred twenty-five (525) square feet. Provided, however, that a special exception to the minimum living area requirements shall be granted for the construction of efficiency type apartments having no separate bedroom, if it is established that the granting of such exception will not adversely affect the interest of the general public or the character of the surrounding

- 347 -

(27, 5317, cont'd) (27, 5317, cont'd)

neighborhood. Application for any such special exception shall be made to the Zoning Hearing Board which shall hold a public hearing as set forth in Part 7, 5703 of this Chapter.

The Zoning Hearing Board may require the submission of plans in connection with such applications - showing the location and type of construction proposed - and may impose such additional requirements as a condition of the granting of the special exception as it deems reasonable and appropriate. (This section shall not apply to mobile homes meeting all other requirements of this Part.) (Ord. 6/11/1975A, Art. 111, 520; as amended by Ord. 86-5, 1/14/1987)

5318. Mobile Homes, Trailers and Mobile Home or Trailer Parks.

1. Notwithstanding any provision contained in this Chapter to the contrary, a trailer or mobile home, which is to be used exclusively as a single-family dwelling, shall be permitted to be placed in all zoning districts of the Township of Kingston in which a residential use is permitted hereunder, upon the condition that the placement, siting, erection and/or maintenance of said trailer or mobile home for exclusive use as a single-family dwelling in any such'zoning district of the Township of Kingston, which is not designated as a permitted trailer or mobile home park must conform with and be in strict accordance with all of the terms and provisions of all ordinances and codes of the Township of Kingston relating to the use of land and to the construction and maintenance of all improvements upon land, now in force or hereafter to be enacted, as the same may apply generally to conventional single-family dwelling units and specifically to trailers or mobile homes. [Ord. 91-13]

2. A mobile home or trailer may be used temporarily for office purposes during the construction of a principal buildi-ng or a road, on the issuance of a temporary permit by the Zoning Officer. Such period of use shall not exceed six ( 6 ) months, without the approval of the Board. [Ord. - 91-131

3 . Except as otherwise provided herein and except for trailers offered for sale on trailer sale lots, the parking of a trailer, trailer coach or mobile home outside of a permitted trailer park in any district for forty-nine (49) hours or more, shall be prohibited. Small utility trailers are excluded from this provision. [Ord. 91-13]

4. Camping and Recreational Equipment - Any owner of camping and recreational equipment, including but not limited to travel trailers, pick-up coaches, motorized homes and boat trailers may park or store such equipment on private residential property subject to the following conditions:

A. Such parked or stored camping and recreational equipment shall never be occupied or used for living, sleeping or housekeeping purposes.

B. If the camping or recreational equipment is parked or stored outside of a building, it shall be parked or stored, if possible to the rear of the front building line of the lot.

C. Notwithstanding the provisions of 5318(2) above, camping and recreation equipment may be parked anywhere on the premises while actually being loaded or unloaded.

* - 348 - Page Revised 12/11/1991

(27, 9318, cont'd) (27, 9319, cont'd)

(Ord. 6/11/1975A, Art. 111, $21; as amended by Ord. 86-5, 1/14/1987; and by Ord. 91-13, 12/11/1991)

8319. Moving of Buildings. Whenever a building is moved from any location to a site within Kingston Township, the building shall immediately be made to conform to all provisions of the Township Building, Plumbing and Electrical Codes, if any, and zoning regulations of Kingston Township. The person causing the building to be moved shall secure a building permit from the Township Zoning Officer. (Ord. 6/11/1975A, Art. 111, $22)

9320. Nonconforming Buildings or Structures. Any lawful use of any dwelling, building or structure existing at the effective date of this Chapter may be continued, even though such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restrictive classification. Whenever a nonconforming use has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use. The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this Chapter. No nonconforming building or structure shall be extended, or enlarged except when authorized by the Zoning Hearing Board which may permit one enlargement o r extension up to twenty-five percent (25%) of the floor area of the structure as it existed at the time of passage of this Chapter.

Whenever the use of a building shall become nonconforming through a change in the Zoning Ordinance o r in the district boundaries, such use may be continued, and if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restrictive classification.

A non-conforming use of a building or portion thereof which is hereafter discontinued for a continuous period of six (6 ) months shall not again be used except in conformity with the regulations of the district in which such building is located.

A non-conforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than sixty percent (60%) of its reproduction value at the time of damage, shall not be restor- ed except in conformity with the reguiations of the district in which it is located. When damage is less than sixty percent (60%) of its reproduction value, a nonconforming building may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are completed within one (1) year of the date of such damage.

Nonconforming mobile homes located on a lot in any district when once removed shall not be relocated on such lot and shall not be replaced with another mobile home.

(Ord. 6/11/1975A, Art. 111, 923; as amended by Ord. 86-5, 1/14/1987)

1321. Nonconforming Lot. 1. Remedies - Where two or more nonconforming lots with continuous

frontage are under the same ownership or where a nonconforming lot has a continuous frontage with a larger tract under the same ownership, such lot or lots shall be combined to form one or more building sites meeting the

Page Revised 12/11/1991 - 349 -

(27, 5321, cont'd) ( 2 7 , 5321, cont'd)

lot requirements of the district in which they are located.

2. Dwellings on Nonconforming Lots - A building permit may be issued for a single family dwelling on any nonconforming lot, provided that the remedies set forth in this section cannot be complied with and provided that the regulations of the district in which the lot is located are met.

3. Nonconforming Uses of Land - The nonconforming use of land not involving any principal building or structure existing on the effective date of this Chapter may be continued; provided, however, that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property. If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this Chapter.

4. Dwellings on Sub-standard Lots - The Zoning Officer may issue a building permit for a single family dwelling for a sub-standard lot only after the Zoning Hearing Board grants such variances on lot and building requirements, in cases of physical hardship, so as not to create any condition detrimental to the public health, safety, and welfare.


5322. Nonconforming Use of Buildings and Structures. Use of any building or structure not in conformance with these regulations pertaining to uses permitted on the effective date of this Chapter may not be:

1. Changed to another nonconforming use except where it is determined by the Zoning Hearing Board that the design, construction, and character of the building is unsuitable for uses permitted on the district in which such nonconforming use is situated. The Zoning Hearing Board shall hold a public hearing, as set forth in Part 7, 5703 of this Part in order to determine the question of suitability for uses permitted in the district in which such building is located.

2. Re-established after discontinuance for six (6) months except where it is determined by the Zoning Hearing Board that the design, construction, and character of the building is unsuitable for uses permitted in the district in which such nonconforming use is situated. The Zoning Hearing Board shall hold a public hearing, as set forth in Part 7 , 5703 of this Chapter, in order to determine the question of suitability for uses permitted in the district in which such building is located.

3. Extended, enlarged, or expanded unless authorized by the Zoning Hearing Board which may permit (1) one enlargement o r extension up to twenty-five (25%) percent of the floor area of the structure as it existed at the time of passage of this Chapter. [Ord. 1989-41

(Ord. 6/11/1975A, Art. 111, 525; as amended by Ord. 86-5, 1/14/1987; and by Ord. 1989-4, 6/13/1989, 517)

1323. Nursing Homes. Nursing homes shall include convalescent homes, homes for the aged, and such other activities designed to take care of the aged or persons unable to care for themselves without supervision or assistance. Nursing homes only with Zoning Hearing Board approval shall be permitted in any multi-family residential district. Such uses shall comply with all regulations applicable to the district. Such uses shall comply with the off-street parking requirements set forth in this Chapter. In addition, such uses shall meet the minimum requirements as set forth by

- 350 - Page Revised 12/11/1991

(27, 5323, cont'd) (27, 5324, cont'd)

state or federal agencies regulating such activities and shall, upon application, for either building permit or occupancy certificate, provide certificates indicating approval by such state and federal agencies. (Ord. - 6/11/1975A, Art. 111, 526)

5324. Obstruction to Vision at Road and/or Driveway Intersections. In order to minimize accidents caused by obstruction to vision at road and/or driveway intersections, the following regulations shall apply in all districts:

1. Within the area formed by the rights-of-way lines of intersecting roads and a straight line connecting points on such rights-of-way lines, at a distance of twenty feet (20') from their points of intersection such connecting line extending beyond the points to the curb line there shall be. a clear space with no obstruction to vision between the height of thirty inches (30") and a height of ten feet (10') above the average grade of each road as measured at the centerline thereof.

2. Requirements of this section shall not be deemed to prohibit any

3 . Trees shall be permitted in the clear space provided that foliage necessary retaining wall.

is cut away within the prescribed height.


5325. Offensive Color, Designs, Smoke, Noise, Etc. Nothing shall be allowed on the premises in any district which would in any way be offensive or obnoxious by reason of the emission of odors, liquids, gas, dust, smoke, vibration or noise. All uses rcust comply with the requirements of the State Department of Environmental Resources. (Ord. 6/11/1975A, Art. 111, 528; as amended by Ord. 86-5, 1/14/1987)

5326.. Off-street Parking and Loading. In all districts off-street parking facilities shall be provided and properly maintained as set forth in this section for any building which is hereafter erected, enlarged or increased in capacity.

1. Size and access - Each off-street parking space shall have an area of not less than one hundred eighty (180) square feet exclusive of access drives or aisles and be in usable shape and condition, except in the case of single family detached dwellings, no parking area shall contain less than three (3 ) spaces. There shall be adequate ingress and egress' to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall be not less than ten feet (10') in width in the case of a dwelling, and not less than twenty feet (20') in width in all other cases.

Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.

2. Number of Parking Spaces Required - The number of off-street parking spaces required are set forth in the following table. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.

Page Revised 12/11/1991 - 351 -

(27, 5326(2), copt'd) (27, P326(2), cont'd)

OFF-STREET PARKING SPACE REQUIREMENTS -- Uses

Autormtic laundry

Automobile sales an6 service garage

Fanks/Professionai offices

Bowling ai leys

Churches, temples, or places of worship, funeral homes, schools, public buil-dings, theaters, auditoriums, areas and places of assembly, private clubs, community buildings, social halls, and lodges

Country clubs, golf clubs, gun clubs, tennis clubs and organizations designed to provide outdoor sporting or recreational activities Driving rixges and golf courses

Dwellings - sing1.e family Dwellings - multiple Food store, supermarket

Funeral homes, mortuaries Furniture, appliance stores

Hospitals, sanitariums, and nursing

Hotels and mctels homes

Manufacturing, industrial. plant, research laboratory, bottling plants

Manufa,cturinp and industrial concernp with retail business on premises

Medical or dental offices Restaurants, beer parlors, night-

Retail stores and shops clubs

Rooming houses, boarding hcuses, dormitories, fraternities and sororities

- 352 -

Require6 Parking Spaces

1 for each laundry machine

1 for each 4GG sq. ft. floor area 1 for each 3 C O sq. ft. floor area 4 for each alley

1 for each 4 seats of naximum seating capacity in princApal assembly area or 1 for each 17 classroom seats , whichever is g 1: e at e r

1 for each 5 members

2 for each tee

2 for each unit

1-1/2 for each unit 1 for each 200 sq. ft. floor Rrea

1 for each 4 seats 1 for each 20C sq. ft. floor area 1 for each 2 patient beds

1 for each guest room. plus 1 f o r each 3 employees

1 for each 2 employ- pes on largest shift p l u s 1 per company vehicle

1 for each 2 employees on largest shift plus 1 for each 150 sq. ft. devoted to sales or service

3 for each doctor or dentist 1 for each 2.5 seats plus 1

1 for each 300 sq. ft. floor area 1 for each 2 beds

fcr each 3 employees

Page Revised 12/11/1991

(27, 5326(2) , cont'd) (27, 5326(2) , cont'd)

Service station 2 for each pump

Sports arenas, auditoriums, theaters, 1 for each 3.5 seats assembly halls

Trailer or monument sales or auctions 1 for each 2,500 sq ft of lot area

Wholesale and warehouse concerns 1 for each 2 employees, plus 1 for each company vehicle, plus 1 for each 500 sq. ft. of wholesale or retail sales or service

3. Location - A . Such parking space as required in this section shall in no

part exist upon and no portion of any vehicle shall overhang the right-of-way of any public road, street, alley or walkway. There shall be no off-street parking in the front yards of residential districts except as normally exists in driveways.

B. The parking spaces for all dwellings shall he located on the same plot as the main building.

C. Parking spaces for all other uses shall be provided on the same plot with the main building or not more than three hundred feet ( 3 0 0 ' ) distance, as measured along the nearest pedestrian walkway provided that such parking area is under the same ownership as the principal use. The applicant for a building permit which proposes to use an area for off-street parking in order to meet the requirements of this Chapter and in accordance with the provisions of this subsection shall submit evidence of a restrictive covenant running with the land to be used for off-street parking purposes stating that such land shall not be encroached upon, used, sold, leased, or conveyed for any other purpose until such time as the principal building ceases to be required to provide such off-street parking facilities.

D. Parking requirements for two (2) or more uses of the same or of different types may be provided by the establishment of the required number of spaces for each use in a common parking area provided that all such uses being served by a common parking area are under the same ownership. Accessory uses shall not be required to have additional parking spaces other than those required by the principal use.

E. Off-street parking areas may be situated in any residential district abutting any commercial district or industrial district to a depth not exceeding one hundred twenty feet (120 ' ) and provided that all off-street parking lot improvements as provided in subsection 4A of this section are complied with.

4 . Requirements - Any off-street parking lots serving any use other than dwellings of four ( 4 ) units per building or less shall meet the following off-street parking lot improvement requirements:

A . Screening and Landscaping - Off-street parking areas for more than five (5) vehicles, and off-street loading areas shall be screened on each side which joins or faces residential or industrial premises

Page Revised 12/11/1991 - 353 -

(27, 5326(4) , cont'd) (27, §326(4) , cont'd)

a situated in any "R" district.

B. Surfacing for all retail sales and services, business ser- - vices and professional services serving the general public and having access to and abutting a paved street, the off-street parking area shall be provided with a hard surface, all-weather pavement of asphalt or cement and shall be so graded and drained to provide for the adequate run-off and disposal of surface water.

C. Lighting - Where lighting facilities are provided for the parking area, they shall be designed and installed so as to reflect the light away from any contiguous residentially zoned property.

5. Off-street Loading Requirements - A. Every hospital, institution, commercial or industrial build-

ing or similar use having a floor area of twenty thousand ( 2 0 , 0 0 0 ' * ) square feet or more and requiring receipt or distribution by vehicle of materials or merchandise shall have at least one ( 1 ) permanent off-street loading space for each twenty thousand (20,000'*) square feet of gross floor area or fraction thereof immediately adjacent to the principal building.

B. Every building which requires the receipt or distributicn by vehicles of material or merchandise, shall provide off-street loading berths in accordance with the following tables:

OFF-STREET LOADING SPACE REOUIRENENTS

Uses Sq. Ft. of Required Off-street Floor Area Loading Berths

Commercial, wholesale 10,000 - 25,000 1 manufacturing and 25,000 - 40,000 2 storage 40,000 - 60,000 3

60,000 - 100,000 4 For each additional 50,000 or major fraction thereof

For each additional 300,000 or major fraction thereof

1 additional

Hospitals (in addition 10,000 - 30,000 1 to space for ambulance)

1 additional Hotels, offices and multi-dwellings

10,000 or more 1

Schools 15,000 or more 1

Undertakers and funeral 5 , 000 parlors

1

C. Every off-street loading and unloading space shall have direct access to the public street or alley and shall have the following minimum dimensions: length, thirty feet (30'); width, twelve feet (12 ' ) ; height, fourteen feet ( 1 4 ' ) .


5327. Overhanging or Extruding Projections.

1. One Family Residential Districts, Two Family Residential Districts, Multi-Family Residential and Mobile Home Districts - Every part

- 354 - Page Revised 12/11/1991

(27, 1327, cont'd) (27, 9327, cont'd)

' .

of a yard or court shall be open from its lowest point to the sky unobstructed except for the customary projection of sills, belts, courses, cornices, ornamental features, and eaves; provided, however, that none of the above projections shall extend into a yard more than thirty-six inches (36"). Open or enclosed fire escapes, outside stairways, balconies, chimneys, flues or other projections shall not extend into any yard except that uncovered steps may project not more than three feet (3 ' ) into the yard.


9328. Parking of Motor Vehicles and Trailers. All motor vehicles shall, in addition to parking regulation of this Chapter, comply with regulations found in Chapter 15, Motor Vehicles. (Ord. 6/11/1975A, Art. 111, 931; as amended by Ord. 86-5, 1/14/1987)

1329. Performance Standards. These performance standards shall apply

1. Smoke, Dust and Dirt - There shall be no emission of visible smoke, dust, dirt, fly-ash or any particulate matter from any pipes, vents, or other openings from any other source into the air. All fuels shall be either smokeless in nature or shall be used so as to prevent any emission of visible smoke, fly-ash, or cinders into the air.

2. Fumes, Vapors and Gases - There shall be no emissions of any fumes, vapors or gases of a noxious, toxic or corrosive nature which can cause any damage or irritation to health, animals, vegetation or to any form of property.

3. Sewerage - There shall be no discharge at any point of liquid or solid waste into any public sewage disposal system which will overload such system or create detrimental effects in the flow and treatment of public sewage. There shall be no discharge of any industrial wastes into any private sewage disposal system, stream, or into the ground of any kind or nature which would contaminate any water supply or otherwise cause emission of dangerous or objectionable elements or conditions. There shall be no accumulation of solid waste conducive to the breeding of rodents or insects.

4 . Odors - There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive, obnoxious or unpleasant beyond the property line on which the principal use is located. Any process including the preparation of food which may involve the creation and emission of any such odor shall be provided with a primary and secondary safeguard system so that odor control may be maintained in the event of failure of the primary safeguard system.

5. Noise - The pemitted level of noise or sound emission at the property line of the lot on which the principal use is located shall not at any time exceed the average noise level prevailing for the same hour as generated by streets and traffic activity. The determination of noise level shall be measured with a sound level meter that conforms to specifications published by the American Standards Association.

6. Glare - There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.

to all non-residential uses.

Page Revised 12/11/1991 - 355 -

(27, 5329, con t ' d ) (27, 5329, con t ' d )

(Ord. 6/11/1975A, A r t . 111, 932)

5330. Pending App l i ca t ions f o r Bui lding Permits . Nothing h e r e i n con ta ined s h a l l r e q u i r e any change i n t h e o v e r a l l l a y o u t , p l a n s , construc- 2

t i o n , s i z e o r designated use of any development, b u i l d i n g , s t r u c t u r e , o r p a r t t h e r e o f , f o r which o f f i c i a l approval and r e q u i r e d pe rmi t s have been g r a n t e d , o r where no approvals o r pe rmi t s are necessa ry , where c o n s t r u c t i o n has been l e g a l l y s t a r t e d , be fo re t h e enactment of t h i s Chapter and completed w i t h i n a one y e a r per iod. (Ord. 6/11/1975A, A r t . 111, 533)

5331. Permit ted Building Area. The p r i n c i p a l b u i l d i n g on any l o t o r p a r c e l of land s h a l l be e r e c t e d w i t h i n t h e area bound by t h e b u i l d i n g l i n e s e s t a b l i s h e d by s e t b a c k o r yard requirements . Accessory b u i l d i n g s may be e r e c t e d w i t h i n any b u i l d i n g l i n e e s t a b l i s h e d f o r t h e p r i n c i p a l b u i l d i n g and i n r e q u i r e d rear y a r d s as may be otherwise provided i n t h e s e r e g u l a t i o n s . (Ord. 6/11/1975A, A r t . 111, 534)

5332. P r i n c i p a l Building on a Lot. Except mobile home pa rk d i s t r i c t s and t h e group housing p r o j e c t s as provided i n t h e s e r e g u l a t i o n s , only one (1) p r i n c i p a l b u i l d i n g and i t s customary accesso ry b u i l d i n g s may h e r e a f t e r be e r e c t e d on any l o t of record. Any dwell ing s h a l l be deemed t o be t h e p r i n c i p a l b u i l d i n g on t h e l o t on which t h e same i s l o c a t e d . An a d d i t i o n t o any b u i l d i n g s h a l l not be construed as a p r i n c i p a l b u i l d i n g . (Ord. - 6/11/1975A, A r t . 111, 535)

5333. Re ta in ing Walls. Nothing i n t h e s e r e g u l a t i o n s s h a l l be con- s t r u e d t o p r o h i b i t o r t o prevent t h e e r e c t i o n of a r e t a i n i n g w a l l on any p r o p e r t y provided t h a t such r e t a i n i n g w a l l does n o t a d v e r s e l y a f f e c t t h e n a t u r a l flow of s u r f a c e water o r c r e a t e any o t h e r adve r se e f f e c t upon a d j a c e n t o r a d j o i n i n g p r o p e r t i e s . However, any a p p l i c a t i o n f o r a r e t a i n i n g w a l l s h a l l be s u b j e c t t o approval of t h e Zoning Officer b e f o r e t h e i s suance of a permit . (Ord. 6/11/1975A, A r t . 111, 536; as amended by Ord. 86-5, 1 / 14 / 1987)

5334. Shopping Centers. Shopping c e n t e r s are hereby d e f i n e d as a group of r e t a i l s t o r e s o r shops on one o r more l o t s under s i n g l e ownership o r management w i t h an area of f i v e (5) a c r e s o r more and w i t h a minimum dep th of t h r e e hundred f e e t (300') e s t a b l i s h e d as a shopping e n t i t y w i t h common parking f a c i l i t i e s , i n g r e s s and e g r e s s load ing and unloading f a c i l i - t ies. Shopping c e n t e r s s h a l l be pe rmi t t ed i n any g e n e r a l o r neighborhood commercial d i s t r i c t and may be developed i n accordance wi th approval of a p l a t of a s u b d i v i s i o n o r l and development as approved by t h e Planning- Commission. The shopping c e n t e r s h a l l n o t be d iv ided i n t o s e p a r a t e l o t s f o r each s t o r e o r use. No permit s h a l l be i s s u e d f o r t h e c o n s t r u c t i o n of shopping c e n t e r s u n t i l t h e p l a n s and s p e c i f i c a t i o n s - i n c l u d i n g t h e d e s i g n of i n g r e s s and e g r e s s roads, parking f a c i l i t i e s and o t h e r such items as may be found of importance - have been approved by t h e Planning Commission. No b u i l d i n g s s h a l l be e r e c t e d c l o s e r t han f i f t y f e e t ( 5 0 ' ) t o any road r i g h t - of-way l i n e . There s h a l l be provided a minimum of one (1) parking space f o r each two hundred (200) square f e e t of f l o o r a r e a designed t o be used f o r bus iness o r shopping purposes. Such pa rk ing area i n c l u d i n g maneuvering a r e a s , i n g r e s s and e g r e s s roads, and d r i v i n g l a n e s s h a l l be paved and kep t i n good r e p a i r a t a l l t imes w i t h a hard a l l -wea the r s u r f a c e . A l l p o i n t s of access s h a l l be t o a p u b l i c road; however, t h e r e s h a l l be no p u b l i c roads

- 356 - Page Revised 12/11/1991

(27, 0334, cont'd) (27, 0335, cont'd)

or alleys within the shopping center property. All loading and unloading shall be done entirely within the shopping center property. Except as otherwise provided in this section all uses within the shopping centers shall conform with other regulations as set forth in this Chapter. (Ord. 6/11/1975A, Art. 111, 037; as amended by Ord. 86-5, 1/14/1987)

I .

0335. Rear Dwelling and Easements Required Therewith. In all districts except the. industrial districts, no building in the rear of a principal building on the same lot shall be used for residence purposes unless it conforms to the open space requirements of this Chapter, and for the purpose of determining the front yard in such case, the rear line of the required rear yard for the principal building in front shall be considered the front lot line for the building in the rear. In addition, there must be provided for any such rear dwelling an unoccupied and unobstructed accessway not less than ten feet (10') wide to a road, and there shall not be more than one dwelling housing not more than two (2) families for each such easement, except that a common easement of access at least forty feet (40') wide may be provided for two or more dwellings housing any number of families. (Ord. 6/11/1975A, Art. 111, §39)

0336. Road Frontage Required. No lot shall contain any dwelling unless it abuts at least twenty feet (20 ' ) on a public street, or unless it conforms to the easement of access required of this Part. (Ord. 6/11/1975A, Art. 111, 040)

5337. Traffic Visibility Across Corner Lots. On any corner lot in any district, no fence, structure or planting, more than thirty inches (30") high measured from the center of the road, shall be erected or main tained within twenty feet (20') of the "corner" so as not to interfere with traffic visibility across the corner. (Ord. 6/11/1975A, Art. 111, 041)

§338. Certain Building and Land Use Excepted.

1. Agricultural Uses - Except for compliance with minimum yard requirements, visibility across corner lots, and for the commercial raising of fur-bearing animals, or hog farms, nothing in this Chapter shall prohibit the use of any land for agricultural purposes as defined herein, or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located, in any agricultural district.


1339. Swimming Pools; Private, Community or Club.

1. Private Swimming Pools - A private swimming pool in the ground or permanent installations above the ground, but not including farm ponds, as regulated herein, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at'any point greater than one and one-half feet (1-1/2'). No such swimming pool shall be allowed in a "B-1", "A-1" or any R district except as an accessory use and unless it complies with the following conditions and requirements: 'I 1'

A. The pool is intended and is to be used solely for the 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.

Page Revised 12/11/1991 - 357 -

(27, §339(1) (B) , cont'd) (27, §339(1) (B), cont'd)

B. It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten feet (10') to any property line of the property on which it is located.

C. The swimming pool, or the entire property on which it is located shall be so walled or substantially fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall be not less than four feet ( 4 ' ) above ground level and shall be maintained in good condition and grounded for electricity. All pools shall conform to the Pennsylvania Department of Environmental Resources Standards. Said fence or wall shall be installed completely around the perimeter of the pool area and shall entirely surround prior to the pool being filled with water. The penalty for having failed to install a fence or wall as above prescribed before filling the pool with water shall be a fine levied upon the owner at the rate of one hundred dollars ($100.00) per day. Inspection by the Zoning Officer shall be made within twenty-four (24) hours of having been notified by the owner of the completion of all construction with respect to the swimming pool and the enclosure surrounding the perimeter of the swimming pool. (Ord. 1980-2)

2. Community or Club Swimming Pools - A community o r club swimming pool shall be any pool constructed by an association of property owners, or by a private club solely for use and enjoyment by members of the association or club and their families and guests of members. Community and club swimming pools shall comply with the following conditions and requirements:

A. The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than one hundred feet (100') to any property line of the property on which it is located.

B. The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The said fence or wall shall not be less than four feet ( 4 ' ) in height and maintained in good condition and grounded for electricity. The area surrounding the enclosure, except for the parking spaces, shall be suitably landscaped with grass, hardy shrubs and trees and maintained in good condition.

3 . No owner or possessor of a swimming pool may cause any water from a swimming pool to drain or backwash or to be drained or backwashed directly or indirectly upon the real or personal property of another.

(Ord. 6/11/1975A, Art. 111, 543; as amended by Ord. 1980-2, 11/12/1980, 551 , 2; and by Ord. 86-5, 1/14/1987)

5340. Time Limitation. No Zoning Permit for construction, erection, or alteration of any building or structure or part thereof, or for signs or outdoor advertisements, or part thereof, shall be valid for more than one (1) year unless work at the site has commenced within such period. (Ord. 6/11/1975A, Art. 111, $44)

$341. Notice of Starting Work. The Zoning Officer shall be given at least twenty-four (24) hours notice by owner or applicant prior to commencement of work at the site under zoning permits. 111, §45) a '(Ord. 6/i1/1975A, Art.

- 358 - Page Revised 12/11/1991

(27, 1342) (27, 9342)

9342. Ex i s t ing Lo t s of Record. Any l o t of record e x i s t i n g a t the e f f e c t i v e d a t e of t h i s Chapter i n any "A-1" o r "R" d i s t r i c t , may be used f o r t h e e r e c t i o n of a s i n g l e family dwell ing, even though i t s area and width i s l e s s than t h e minimum requirements set f o r t h h e r e i n , except as s e t f o r t h h e r e a f t e r . F ron t , s i d e and rear ya rds s h a l l conform w i t h t h e requirements of t h i s Chapter as c l o s e l y as p o s s i b l e . Where two a d j a c e n t l o t s of record with less than t h e r e q u i r e d area and width are he ld by one owner, t he r eques t f o r a permit s h a l l be r e f e r r e d t o t h e Board, which may r e q u i r e t h a t t h e two l o t s be combined and used f o r one main b u i l d i n g . (Ord. 6/11/1975A, A r t . V I , Sl)

9343. Yards.

1. Front Yards

Residence Distr ic ts - Through Lots - I n any "R" d i s t r i c t , where a l o t runs through a block from s t r e e t t o s t r ee t , a f r o n t yard as r e q u i r e d by t h i s Chapter s h a l l be provided along each s t r ee t l o t l i n e .

2. P r o j e c t i o n s i n t o Yards and Courts - A w a l l o r f ence s i x f e e t (6 ' ) i n he igh t o r under, o r higher i f a r e t a i n i n g w a l l , may be e r e c t e d w i t h i n the l i m i t s of any yard not extending beyond t h e f r o n t s e t b a c k l i n e . Any w a l l o r fence i n t h e f r o n t yard, not i nc lud ing a r e t a i n i n g w a l l , s h a l l be l i m i t e d t o t h i r t y inches (30") i n he igh t .

P a t i o s may not be l o c a t e d c l o s e r than t e n f e e t ( 1 0 ' ) t o any a d j a c e n t p rope r ty l i n e .

A r c h i t e c t u r a l P r o j e c t i o n s - Chimneys, l e a d e r s , c o r n i c e s , eaves , g u t t e r s and bay windows, and t h e l i k e , may extend no t more than twenty-four inches (24") i n t o any r equ i r ed yard.

3. Accessory S t r u c t u r e s - Attached Accessory S t r u c t u r e s - Accessory s t r u c t u r e s which are a t t a c h e d t o the p r i n c i p a l b u i l d i n g s s h a l l comply with a l l t h e yard requirements f o r a p r i n c i p a l s t r u c t u r e .

Unattached accessory s t r u c t u r e s i n "A-1" and "R" d i s t r i c t s may be e r e c t e d w i t h i n a r e a r yard, provided they conform wi th t h e fol lowing:

Maximum Height - one and one-half (1-1/2) s t o r i e s o r f i f t e e n f e e t (15') except i n "A-1" d i s t r i c t s .

An accessory s t r u c t u r e s h a l l not be less than t e n f e e t (10 ' ) from any l o t l i n e .

An accessory s t r u c t u r e s h a l l be l o c a t e d no t less than t e n f e e t (10') from a p r i n c i p a l s t r u c t u r e .

Not more than two (2) accesso ry s t r u c t u r e s , i n c l u d i n g a p r i v a t e garage, s h a l l be l o c a t e d i n any "R" d i s t r i c t , on one l o t .

Unattached non- re s iden t i a l accessory s t r u c t u r e s s h a l l comply w i t h t h e f r o n t and s i d e yard requirements f o r t h e p r i n c i p a l s t r u c t u r e . They s h a l l have a r e a r yard of t e n f e e t ( l o ' ) * except as o the rwise s p e c i f i e d i n t h i s Chapter.

(Ord. 6/11/1975A, A r t . V I , 12)

9344. Day Care F a c i l i t i e s .

1. Family day c a r e homes and group day care homes may l o c a t e by r i g h t i n any r e s i d e n t i a l d i s t r i c t s u b j e c t t o t h e s t a n d a r d s i n t h a t p a r t i c u l a r

Page Revised 12/11/1991 - 359 -

(27, § 3 4 4 ( 1 ) , cont'd) ( 2 7 , 5344 (1) , cont 'd)

district for a single family residence and the following additional safeguards, whichever is more restrictive:

A . Day care facilities must hold an approved Pennsylvania Department of Public Welfare 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 fire safety codes.

B. Parking. In addition to the particular district's parking requirements, there shall be one (1) additional off-street parking space provided for each non-resident employee and one (1) safe passenger unloading space measuring at least ten (10) feet by twenty (20) feet.

C. Fencing. The requisite outdoor play area shall be surrounded by a safety fence.

D. Hours. Outside play shall be limited to the hours between eight o'clock (8:OO) a.m. and seven o'clock (7:OO) p.m.

E. Sign. Any sign shall comply with standards governing signs for home occupations. See §313 of this Chapter.

F. When day care is provided in a home, the amount of floor area devoted to such purposes shall not exceed thirty ( 3 0 ) percent of the total floor area of the dwelling and there shall be no change to the exterior of the building for the purpose of accommodating the day care use.

G. All day care homes and facilities shall be fully protected by smoke detectors and fire extinguishers.

2. Day care centers may locate by special exception, in any district, except C1 Conservation District, subject to the regulations of that zoning district for single family residence and the following additional standards, whichever is more restrictive:

A . Parking. There shall be one (1) off-street space provided for each employee and one (1) safe passenger unloading space measuring ten (10) feet by twenty (20) feet for each ten (10) children that the facility is licensed to accommodate.

B . Off-Premises Play Area. When an off-premises outdoor area [is] utilized, it must be located within eight hundred (800 ) feet and be safety 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 safety fence.

D. Play Area Setback. No portion of the outside play area shall be less then one hundred (100) feet from an existing occupied dwelling.

E. Hours. Outside play shall be limited to the hours between eight o'clock (8:OO) a.m. and seven o'clock (7:OO) p.m.

F. Signs. Any sign shall comply with regulations applicable to institutional signs. See §201(2) of Chapter 19, Part 2, Township Sign Ordinance.

- 360 - Page Revised 12/11/1991

(27, 5344(2) , cont 'd) (27, 5344(2) , cont 'd)

G. Concentrat ion. No day c a r e c e n t e r s h a l l be e s t a b l i s h e d w i t h i n f i v e hundred (500) f e e t from another day c a r e c e n t e r o r p r i v a t e n u r s e r y o r k inde rga r t en .

H. Lot S i ze . The minimum s i t e o r l o t a r e a s h a l l be one (1) a c r e . When c e n t r a l i z e d water and sewerage systems a r e n o t a v a i l a b l e , t h e minimum l o t s i z e s h a l l be inc reased a s necessa ry t o meet t h e Department of Environmental Resources Chapter 73, Standards f o r Sewage Di sposa l F a c i l i t i e s (25 Pa. Code 73.17).

The minimum s i t e o r l o t area s h a l l be determined by t h e fol lowing t a b l e when c e n t r a l i z e d water and sewage s e r v i c e i s provided:

License Capacity Minimum Lot Size

7 - 10 Children 8,000 sq. f t .

11 - 15 10,000

16 - 20 15,000

21 - 25 20,000

26 - 30 25,000

31 - 40

41 - 50

51 and above

35,000

40,000

40,000 p l u s 500 sq. f t . f o r a d d i t i o n a l c h i l d , i . e . , 52 c h i l d r e n equa l s 41,000 sq. f t .

I. Soundproofing. When co-located i n a b u i l d i n g employing n o i s y o p e r a t i o n s , t he m u n i c i p a l i t y may r e q u i r e sound p roof ing of t h e day c a r e f a c i l i t y t o p r o t e c t t h e c h i l d r e n .

J. Day c a r e c e n t e r s must hold an approved .Pennsylvania Depart- ment of Pub l i c Welfare l i c e n s e a s a p p r o p r i a t e , and meet a l l c u r r e n t Department of P u b l i c Welfare r e g u l a t i o n s inc lud ing those s t a n d a r d s governing adequate indoor space, a c c e s s i b l e outdoor p l ay space and any a p p l i c a b l e S t a t e o r l o c a l b u i l d i n g f i r e s a f e t y codes.

K. A l l day c a r e f a c i l i t i e s s h a l l be f u l l y p r o t e c t e d by smoke d e t e c t o r s and f i r e e x t i n g u i s h e r s .

(Ord. 90-8, 10/10/1990, 92)

5345. P r i v a t e Nurse r i e s and Kindergartens. The p r i v a t e n u r s e r y o r k inde rga r t en s h a l l be pe rmi t t ed t o l o c a t e by s p e c i a l excep t ion i n any zoning d i s t r i c t , except C 1 Conservation D i s t r i c t , i f i t complies w i th a l l zoning r e g u l a t i o n s governing day c a r e c e n t e r s (See 5344) wi th t h e excep t ion of l i c e n s i n g by t h e Department of P u b l i c Welfare , and t h e fo l lowing a d d i t i o n a l safeguards:

1. The ope ra to r posses ses a v a l i d l i c e n s e i s s u e d by t h e Pennsylvania Department of Educat ion 's S t a t e Board of P r i v a t e Academic Schools.

2 . Other Regulat ions. The p r i v a t e n u r s e r y o r k i n d e r g a r t e n must a l s o meet any a p p l i c a b l e S t a t e and municipal b u i l d i n g and f i r e s a f e t y codes. ' 0 Page Added 1/9/1991 - 360.1 -

(27, 5345, cont 'd) (27, 5345, con t ' d )

3. Municipal o f f i c i a l s r e s e r v e t h e r i g h t t o make p e r i o d i c i n s p e c t i o n s

4. A l l f a c i l i t i e s s h a l l be f u l l y p r o t e c t e d by smoke d e t e c t o r s and

t o ensure cont inued compliance wi th a l l S t a t e and municipal requirements .

f i r e e x t i n g u i s h e r s .

(Ord. 90-8, 10/10/1990, 52)

5346. Bed and Breakfast Establ ishments .

1. Bed and b r e a k f a s t homestay may l o c a t e i n any s i n g l e family (R-1) o r two (2) f ami ly (R-2) r e s i d e n t i a l d i s t r i c t a s a home occupat ion s u b j e c t t o a l l home occupat ion r e g u l a t i o n s a s s e t f o r t h i n t h i s Chapter and t h e fol lowing a d d i t i o n a l requirements , whichever i s more r e s t r i c t i v e .

A. Sleeping accommodations s h a l l be l o c a t e d on ly w i t h i n a n owner-occupied dwell ing and s h a l l be l i m i t e d t o one (1) o r rooms w i t h a t o t a l s i z e no t t o exceed twenty (20) pe rcen t , o r f i v e hundred (500) square f e e t of the dwe l l ing , whichever is l e s s .

B. Not more than one (1) family o r fou r (4) u n r e l a t e d g u e s t s may be accommodated a t any one (1) t i m e . The l e n g t h of s t a y pe r g u e s t s h a l l be l i m i t e d t o seven (7) days p e r t h i r t y (30) day p e r i o d .

C. One (1) o f f - s t r e e t parking space s h a l l be provided f o r each two (2) g u e s t s of t h e bed and b r e a k f a s t e s t ab l i shmen t , provided t h a t , i n no c a s e s h a l l the t o t a l number of parking spaces on t h e l o t exceed fou r (4) .

D. Meals f o r compensation s h a l l be provided on ly t o g u e s t s of t he bed and b r e a k f a s t e s t ab l i shmen t and s h a l l be l i m i t e d t o b r e a k f a s t .

E. No more than one (1) bed and b r e a k f a s t e s t ab l i shmen t i s pe rmi t t ed p e r l o t . No bed and b r e a k f a s t e s t ab l i shmen t may be l o c a t e d w i t h i n f i v e hundred (500) f e e t of an e x i s t i n g bed and b r e a k f a s t e s t ab l i shmen t , t o be measured from t h e c l o s e s t d i s t a n c e between l o t l i n e s of t h e p r o p e r t i e s accommodating s a i d bed and b r e a k f a s t e s t ab - l ishments .

2 . Bed and b r e a k f a s t i n n may l o c a t e i n any commercial d i s t r i c t s u b j e c t t o a l l r e g u l a t i o n s i n t h a t d i s t r i c t a s s e t f o r t h i n t h i s Chapter.

(Ord. 90-8, 10/10/1990, 52)

5347. P u b l i c and Semipublic Uses.

1. P u b l i c and semipublic u s e s a r e pe rmi t t ed a s c o n d i t i o n a l u s e s i n a l l zoning d i s t r i c t s pursuant t o s t anda rds and c r i t e r i a expressed i n t h i s Chapter 2 7 , and P a r t 7 , 5709 of t h i s Chapter 27, and, i n a d d i t i o n t h e r e t o , t h e fol lowing a d d i t i o n a l s t a n d a r d s and c r i t e r i a s h a l l apply:

A . No s t r u c t u r e on t h e l o t is c l o s e r t h a n f i f t y (50) f e e t from any a b u t t i n g r e s i d e n t i a l p r o p e r t y l i n e o r f i f t e e n (15) f e e t from any a b u t t i n g commercial, a g r i c u l t u r a l o r i n d u s t r i a l p r o p e r t y l i n e .

B . A l l parking a r e a s w i l l comply w i t h o f f - s t r e e t pa rk ing r e g u l a t i o n s a s s p e c i f i e d i n P a r t 3 , 5326 of t h i s Chapter.

2 . I n g r a n t i n g a c o n d i t i o n a l u s e , t h e Board of S u p e r v i s o r s may o r d e r such reasonable cond i t ions and sa fegua rds , i n a d d i t i o n t o t h o s e expressed i n t h i s Chapter, a s i t may deem necessary.

(Ord. 94-9, 6 / 8 / 1 9 9 4 , $2)

- 360.2 - Page Revised 12/14/1994

( 2 7 , §348) (27, 8348)

5348. Requlations Governinq Communications Antennas and Communications Equipment Buildinqs.

1. Where possible a communications antenna shall be attached to an existing structure or building.

2. An antenna may not be located on a building or structure that is listed on a historic register, or is in a historic district.

3. Building mounted communications antennas shall not be located on any single family dwelling or two family dwelling.

4. Building mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by not more than twenty (20) feet.

5 . Omnidirectional or whip communications antennas shall not exceed twenty (20) feet in height and seven (7) inches in diameter.

6. Directional or panel communications antennas shall not exceed five (5) feet in height and three ( 3 ) feet in width.

7. Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.

8 . Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the Structure for review by the Code Enforcement Officer for compliance with the Township building code and other applicable law.

9 . Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.

10. Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

11. Communications Antennas shall not cause radio frequency interference with other communications facilities located in the Township.

12. All communications equipment shall be enclosed within an existing building, or an addition to the existing structure, unless the site is vacant, then the Communications Equipment Building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.

13. A landscape buffer shall be planted in accordance with section 708 and vehicle access and parking access to the building shall not interfere with the parking of vehicular circulation on the lot of the principal use.

Page Added 4/12/2000 - 360.3 -

(27, §348 (14), cont’d) (27, §248(14), cont’d)

14. The communications tower site’ shall be fully automated and unattended on a daily basis, unless emergency conditions prevail. Two reserved off-street paved parking spaces shall be required upon a Communica- tions tower site.

15. The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

16. Any security fence shall be a minimum of eight (8) feet tall with, as a minimum, the lower six (6) feet being visually opaque. The fence is to be constructed of wood, decorative masonry or appropriate iron elements designed to minimize the visual impact of the fence on the surrounding landscape. The following materials will not be permitted: fences made of mesh or chain link as well as vinyl. Barbed or security wire will not be permitted nor will electrified fences of any type. Security fences constructed of common cast masonry units will not be permitted, unless the fence matches the predominant finish of the equipment building. Decorative, split, ground or textured face, cast masonry unit fences may be permitted.

17. All fences must be actively maintained throughout the life of the facility .

18. A sign not to exceed twelve inches x sixteen inches in size will be securely attached to the fence at any entrance and two (2) other sides of the communication tower site. This sign shall provide the following information in a legible typeface and size:

A.

B .

C .

D.

E.

F.

G .

H.

Owner of facility.

Operator ( s ) of facility.

FCC license number for facility.

Emergency phone contact number(s) (in bold text).

Locational information for facility.

Local community emergency services number.

Number for local building and zoning office.

A warning to trespassers.

19. The signs must be maintained, secured and legible and must be updated when any of the information becomes obsolete.

20. The location of the signs shall be delineated on the site landscape plan.

21. The owner, applicant or his designee of the communications tower shall submit on an annual basis verification of all current FCC license(s) to that location, the name, address and emergency telephone number for the operator of all communication antennae, and certificate of insurance as provided at the initial application.

(Ord. 6/11/1915A, Art 11; as added by Ord. 2000-3, 4/12/2000, 5348)

- 360.4 - Page Added 4/12/2000

(27, 5401) (27, 5401)

Part 4 Establishment of Districts

5401. Type of Districts. For the purpose of this Chapter, the area of Kingston Township, Pennsylvania, is hereby divided into the following zoning districts:

Conservation Districts Agricultural Districts Single-Family Residential Districts Two-Family Residential District Multi-Family Residential District Mobile Home Park Residential District Neighborhood Commercial District General Commercial. District Industrial District Mining District

(Ord. 6/11/1975A, Art. IVY 51; as amended by Ord. 86-5, 1/14/1987)

5402. Zoning Maps. The boundaries of these zoning districts are hereby established on a map to be designated "Zoning Map for Kingston Township, Pennsylvania", which is hereby made a part of this Chapter, together with all existing and future notations, references and amendments. The originals of said "Zoning Map" properly attested, shall be and remain on file in the office of the Kingston Township Planning Commission ( A l l map changes are found in the Appendix of this codification). (Ord. 6/11/1975A, Art. IV, §2)

a 5403. District Boundary Lines. The district boundary lines on the

zoning maps are intended to follow property lines or the centers of streets, alleys, railroads or watercourses. In the case of unsubdivided property, the district boundary lines shall be determined using the appropriate scale. (Ord. 6/11/1975A, Art. IVY 53)

- 361 -

(27, 5501)

Part 5

Uses Permitted in Districts

(27, §Sol)

$501. "C-1" Conservation Districts. It is the intent of this section that the "C-1" Zoning District be established and maintained to preserve and/or control development within certain swamp, steep slope, and other extremely sensitive areas of the natural environment. The regulations which apply within this district are designed to reserve such areas and to discourage any encroachment by residential, commercial, industrial or other uses capable of adversely affecting the undeveloped character of the district. Prior to the issuance of a zoning permit to build or place any structure within a Conservation District, approval must be obtained from the Zoning Officer.

1. Permitted Uses - The following uses shall be permitted in any

A. Wildlife refuge, including one-family or two-family dwelling

B. Timber and/or f6restry area.

C. Activities related to soil and water conservation, measurement

D. Water retention pond.

E. Accessory structures given approval by Zoning Hearing Board, as

F. Agricultural uses.

G .

Conservation District:

units of caretakers employed to maintain and protect the refuge.

and control.

a special exception.

Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure and related communications equipment buildings, subject to the standards set forth at $348. [Ord. 2000-31

2. Conditional Uses - A. Communications towers and required communications equipment

buildings subject to the standards for communications towers as conditional uses set forth at §601. [Ord. 2000-31

3. Lot Reauirements - A conservation area shall be established as follows :

A. Extend thirty-five feet (35') from stream bed on both sides.

B. Extend forty feet (40') on a line perpendicular to the shore

C. On all slopes greater than twenty percent (208).

line of any lake, pond, or swamp area; and,

Conditions - No use or activity, including those set forth above, shall be permitted in a Conservation District that would disturb, destroy or impair the natural fauna, flora, water regimen or topography.

(Ord. 6/11/1975A, Art. V, S1; as amended by Ord. 86-5, 1/14/1987; and by Ord. 2000-3, 4/12/2000)

s502. "A-1" Asricultural Districts.

1. Permitted Uses - A. Single and two family dwellings with their customary uses, on

Page Revised 4/12/2000 - 363 -

( 2 7 , 5502 ( 1) (A) , cont 'd) (27, §502(1) (A), cont'd)

the basis of one (1) dwelling for each two and one-half (2 -1 /2 ) acres or

more under the same ownership.

B. All uses permitted in the Conservation District as shown in Part 5, 5501.

C. All commercial agricultural pursuits, and structures incidental thereto, including dairy products, livestock, poultry and poultry products, field crops, truck crops, horticultural specialties and forestry .

D. Churches, charitable, semi-private or philanthropic institutions or camps and state parks.

E. Airfield, together with accessory uses.

F. Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at 5348. [Ord. 2000-31

G. Conservation subdivision (see §512). [Ord. 2003-41

2. Conditional Uses - The following uses shall be permitted in any Agricultural Zoning District on a conditional basis upon approval by the Board of Supervisors after review by the Planning Commission:

A. Commercial stables provided that no building or enclosure for animals is located closer than one hundred feet (100') from any property line.

B. Cemetery, when assessory to and on the same property as a permitted use in the Agricultural District.

C. Planned Residential Development (P.R.D.) (See 5511)

D. Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at 5601. [Ord. 2000-31

3. Prohibited Uses - Any business, commercial, or industrial use, except in connection with the agricultural pursuits otherwise permitted in this section.

4. Lot and Buildinff Requirements - The principal building, accessory buildings, and other land uses shall be located so as to comply with the following requirements:

Principal Buildinq

Minimum Lot 2-1/2 acres

Minimum Lot Width at Building Line 400 feet

Minimum Front Yard 100 feet

Minimum Side Yard, Interior 50 feet

Minimum Side Yard, Street 40 feet

Minimum Rear Yard 50 feet

Maximum Percent of Lot Coverage 20%

Accessorv Buildinas Minimum Setback from Lot Line:

Front 40 feet

- 364 - Page Revised 7/23/2003

(27, §5O2 (4) , cont'd) (27, S502 (4) , cont'd)

Rear

Side

30 feet

Same as Principal Building

(Ord. 6/11/1975A, Art. V, §2; as amended by Ord. 86-5, 1/14/1987; by Ord. 2000-3, 4/12/2000, S502; and by Ord. 2003-4, 5/14/2003, §l)

S503. "R-1'' Sinqle Familv Residential Districts.

1. Permitted Uses -

A. All uses permitted in a Conservation District as shown in Part

B. Non-commercial horticulture or agriculture, but not including the keeping of poultry or farm animals. Household pets that are usually or traditionally kept out of doors shall be limited to five (5) per housing unit.

5, §501.

C. Single- family detached dwelling.

D. Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at S348. [Ord. 2000-31 2. Conditional Uses -

A. Home occupations as a special exception.

B. Church, synagogue, temples or other place of worship provided that: 1) such use is housed in a permanent structure, and 2) no structure on the lot is closer than twenty-five feet (25') to any abutting residential property line.

C. Public and private school engaged in teaching general curri- culum for educational advancement, provided the structures are placed not less than fifty feet (50') from any residential property line.

D. Public utilities substation or sub-installation including water towers, provided that: 1) such use is enclosed by a painted or chain- link fence or wall at least six feet (6') in height above finished grade; 2) there is neither office nor commercial operation nor storage of vehicles or equipment on the premises; and 3) a landscaped strip not less than five feet (5') in width is planted and maintained around the facility.

E. Cemetery, provided that such use 1) consists of a site of at least five (5) acres; 2 ) includes no crematorium or dwelling unit other than for a caretaker; 3) has a front yard setback of at least seventy feet (70') from the centerline of the street or ten feet ( 1 0 ' ) from the street right-of-way line; whichever is further; and 4) maintains a non- illuminated sign no greater than thirty (30) square feet and ten feet ( 1 0 ' ) in height.

F. Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at §601. [Ord. 2000-31

3. Lot and Buildina Reauirements - The principal building and accessory buildings shall be located and constructed in accordance with the following requirements:

Page Revised 7/23/2003 - 365 -

(27, §503(3), cont'd) (27, §503 (31, cont'd)

Minimum Lot Area Minimum Lot Width at Building Line Minimum Front Yard Minimum Rear Yard Minimum Side Yard, Interior Minimum Side Yard, Street Maximum Building Height

Accessorv Buildinus Minimum Setback from Lot Line:

Rear Side

15,000 sq. ft. 100 feet 35 feet 25 feet 15 feet 20 feet 35 feet

10 feet Same as Principal Building

4. Rewired Utilities: If a lot is not serviced by central sanitary sewer service an applicant for a building permit must have a minimum of three-quarters (3/4) of an acre. If neither central sanitary sewer nor central water system is available to the lot at the time of building the applicant must have a minimum of an acre and the permit will be issued with the requirement that upon such time that either service is extended to the property, hook-up will be required within ninety (90) days.

5. In all districts, all lots which require on lot sewage disposal shall require a Sewage Permit. The Sewage Permit shall be issued by the Kingston Township Sewage Enforcement Officer upon receiving satisfactory results during site investigation, percolation tests, and other requirements set forth under the Sewage Facilities Act 531.

(Ord. 6/11/1975A, Art. V, §4; as amended by Ord. 86-5, 1/14/1987; by Ord. 91- - 4, 6/12/1991, §1; and by Ord. 2000-3, 4/12/2000)

s504. "R-2" Two-Familv Residential District.

1. Permitted Uses - A. All permitted uses in single-family residential district.

B. Duplexes

C. Customary accessory buildings incidental to the above permitted use.

D. Home occupation as a special exception.

. E. Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure and related communications equipment buildings, subject to the standards set forth at §348 [Ord. 2000-31

2. Lot and Buildinu Resuirements - Principal Buildinus

Living Units Maximum 4 per acre Minimum Lot Area (2-Units and greater) 15,000 sq. ft. Minimum Lot Width at Building Line 100 ft .Minimum Front Yard 35 ft. Minimum Minimum Minimum Maximum Maximum

Rear Yard Side Yard, Interior Side Yard, Street Building Height Percent of Lot Coverage

- 366 -

25 ft. 25 ft. 20 ft. 35 ft. 30%


(27, 5504 (2), cont'd) (27, §504(2), cont'd)

Accessory Buildinqs

Minimum Setback from Lot Line: Rear 10 ft. Side Same as Principal Building

(Ord. 6/11/1975A, Art. V , 55; as amended by Ord. 86-5, 1/14/1987; by Ord. 91-4, 6/12/1991; and by Ord. 2000-3, 4/12/2000, §504)

5505. "R-3" Multi-Family Residential Districts.

1. Permitted Uses -

A. All permitted uses in single-family residential districts and two- family residential districts.

B. Multiple family dwellings, rooming houses, fraternities, sororities, and dormitories.

C. Customary accessory buildings incidental to the above permitted uses.

D. Planned Residential Developments as a conditional use.

E. Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at 5348. [Ord. 2000-31

2. Condition Uses -

A. Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at P601. [Ord. 2000-31

3. Lot and Buildins Recruirements -

Principal Buildinqs - Garden Apartments

Living Units Minimum Lot Area

Minimum Lot Width at Building Line Minimum Front Yard Minimum Rear Yard Minimum Side Yard, Interior Minimum Side Yard, Street Maximum Building Height Maximum Percent of Lot Coverage

Maximum 12 per acre 7,200 sq. ft.

150 ft. 10 ft. 15 ft. 15 ft. 20 ft. 35 ft.

40%

4. Accessory Buildinqs -

Minimum Setback from Lot Line: Rear 10 ft. Side Same as Principal Building

5. PrinciDal Buildinq - Townhouses

Living Units Minimum Lot Area Minimum Lot Width at Building Line Minimum Front Yard

Maximum 10 per acre 2,200 sq. ft. per unit

25 ft. 10 ft.

Page Revised 4/12/2000 - 367 -

(27, §505, cont'd) (27, §505, cont'd)

Minimum Rear Yard Minimum Side Yard (End Units) Maximum Number of Units having

Maximum Building Height same Building Line

14 ft. 40 ft.

8 Units 3 5 ft.

(Ord. 6/11/1975A, Art. V, S6; as amended by Ord. 86-5, 1/14/1987; and by Ord. 2000-3, 4/12/2000)

8506. "R-4" Mobile Home Park Residential Districts.

1. Permitted Uses -

A. Mobile home parks, and accessory structures incidental thereto.

B. Recreational facilities.

C. Laundry facilities solely for the mobile home park occupants.

D. Office and mail facilities for the mobile home park.

E. The sale of new and used mobile home shall be permitted within the boundaries of an approved mobile home park subject to the following conditions:

(1) Allowable Number - The number of mobile homes for sale shall not exceed five percent (5%) of the total number of approved mobile home spaces in the mobile home parks.

(2) Location - Mobile homes for sale shall be located only on approved mobile home spaces in the mobile home parks, and subject to the same setbacks and yard requirements as occupied mobile homes.

(3) Maintenance - There shall be no renovating, overhaul, or repair to mobile homes offered for sale within the mobile home park. However, customary maintenance shall be permitted, such as would be allowed for an occupant while living in a mobile home.

(4) Advertising - There shall be no advertising signs, banners, pennants, or any type of display advertising mobile homes for sale except that one sign, not over eighteen inches (18") by twenty-four inches (24") shall be permitted to be posted on each mobile home offered for sale.

F. Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at §348. [Ord. 2000-31

2. Conditional Uses -

Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at §601. [Ord. 2000-31

3. Approval of Mobile Home Parks - No mobile home park may hereafter be developed or expanded until all requirements and regulations set forth in the Kingston Township Subdivision and Land Development Chapter have been met and the site plan thereof has the approval of the Kingston Township Planning Commission.

(Ord. 6/11/1975A, Art. V, §7; as amended by Ord. 86-5, 1/14/1987; and by Ord. 2000-3, 4/12/2000, S506)

- 368 - Page Revised 4/12/2000

(27, 8507)

5507. "B-1" Neighborhood Commercial District.

I -

1. Permitted Uses -

Retail Stores Personal Services Professional Services and Offices Banks Commercial Offices Soda Fountains, Taverns, Cafes or Restaurants (without entertainment) Clubs and Lodges Parking Areas Mortuaries Public and Semi-public Uses Utilities (except storage yards) Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at 8348. [Ord. 2000-31

Accessory uses to the above

2. Conditional Uses - The following uses shall be permitted in a Neighborhood Commercial District upon approval of the Board of Supervisors:

Multiple dwellings Theaters (indoor) Entertainment Facilities Drive-in Commercial Uses (not including drive-in theaters) Accessory uses to the above Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at 8601. [Ord. 2000-31

3. Lot and Buildins Requirements -

Principal and Accessorv Buildinqs

Minimum Lot Area Minimum Lot Width at Building Line Minimum Front Setback Minimum Rear Setback Minimum Side Setback, Interior Minimum Side Setback, Street Maximum Building Height Maximum Percent of Lot Coverage

6,000 sq. ft. 50 ft. 30 ft. 30 ft. 10 ft. 15 ft. 35 ft. 25%

(Ord. 6/11/1975A, Art. V, §9; as amended by Ord. 94-9, 6/8/1994, 91; and by Ord. 2000-3, 4/12/2000)

5508. "B-2" General Commercial Districts

1. Permitted Uses -

Service Stations Res taurant's Motel and Tourist Courts Tourist Homes Entertainment Facilities Retail Business

Page Revised 4/12/2000 - 369 -

( 2 7 , S508 (1) , cont’d) ( 2 7 , §508(1), cont’d)

Personal Services Offices and Banks Professional Activities Garages for Service and/or Vehicular Sales (Excluding storing junked vehicles outdoors) Drive-in Commercial Uses (not including theater) Mortuaries Animal Hospitals, Clinics or Kennels Commercial Greenhouses and Plant Nurseries Golf Driving Ranges and Miniature Golf Public and Semi-public Uses Utilities Lumber Yards Used Car Sales and Trailer and Mobile Home Lots Tire Retreading and Recapping Business Services Food Processing Research and Testing Facilities Billiard or Pool Rooms Commercial Recreation Hotels Printing, Lithographing or Publishing Plants Taverns Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at §348. [Ord. 2000-31

Accessory Uses to the above

2 . Conditional Uses - The following uses shall be permitted in a General Commercial District upon approval of the Board of Supervisors:

Amusement Parks Feed and Grain, Sales and Storage Wholesale Business Equipment Sales and Repair Truck Terminals Stone or Monument Works Bulk Fuel Storage Cleaning, Laundry and Drying Plants Drive-in Theaters Cemeteries Apartments Machine Shops Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at 0601. [Ord. 2000-31

Accessory Uses to the above

3. Lot and Buildins Requirements -

Minimum Lot Area Minimum Lot Width at Building Line Minimum Front Setback Minimum Rear Setback Minimum Side Setback, Street Minimum Side Setback, Interior

- 3 7 0 -

6000 sq. ft. 50 ft. 30 ft. 30 ft. 15 ft. 10 ft.


(27, 8508 ( 3 ) , cont'd) (27, §508 (3), cont'd)

Maximum Building Height Maximum Percent of Lot Coverage

35 ft 3 0%

(Ord. 6/11/1975A, Art. V, §lo; as amended by Ord. 86-5, 1/14/1987; by Ord. 94-9, 6/8/1994, §l; and by Ord. 2000-3, 4/12/2000)

5509. Industrial Districts.

1. Submission of Plats - The owner of a tract of land zoned for industrial uses shall submit to the Planning Commission for its review a plan for the use and development of such tract of land. It shall then be the duty of the Planning Commission to investigate and ascertain whether the proposed activity complies with all of the provisions of this Part which pertain to "1-1" districts. The Commission may employ experts in specific fields as needed, and as funds are available, to determine whether a proposed use meets the required performance standards.

2. Referral and Authorization - A report of its findings shall be furnished by the Commission to the Zoning Hearing Board. The Commission may suggest disapproval, recommend the plan as submitted, or may modify, alter, adjust or amend the plan before recommendation, and in recommending it, may propose the prescribing of other conditions. The report of the Planning Commission to the Zoning Hearing Board shall be in writing, and shall include a finding as to whether the proposed use is consistent with the applicable provisions and requirements of the Zoning Chapter. If the Board finds that the proposed use is consistent with the purpose of the Zoning Chapter to promote the public health, safety, and general welfare, it may direct the proper official to authorize a permit .

3 . Performance Standards - All industrial uses must conform to the following performance standards:

A. Smoke: The emission of grey smoke at a density greater than No. 1 on the Ringlemann chart published by the U.S. Bureau of Mines (Power's micro-Ringlemann Chart, McGraw-Hill Publishing Co., 1954, may be used) shall not be permitted except grey smoke of a shade not darker than No. 2 may be emitted for not more than four (4) minutes. These provisions, applicable to grey smoke, shall also apply to visible smoke of a different color but with equivalent apparent opacity.

B. Odor: No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 3 (Odor Threshholds) in Chapter 5, "Air Pollution Abatement Manual", copyright 1951, by Manufacturing Chemists Association, Inc., Washington, D.C. Where said publication gives a range of figures a simple average of these shall be used.

C. Toxic Gases: The emission of gases or fumes injurious to persons or property beyond the lot lines occupied by the use is prohibited. (Table 1, Industrial Hygiene Standards), Maximum Allowable Concentration, Chapter 5, of the Air Pollution Abatement Manual furnishes a list of toxic pollutants.

D. Glare and Heat: Glare and heat from arc welding, acetylene torch cutting or similar processes shall be performed so as not to produce glare

Page Revised 4/12/2000 - 371 -

(27, §509(3) (D), cont'd) (27, 5509 (3) ( D ) , cont'd)

which is visible, or objectionable heat, beyond the property line of the lot on which the operation is located. Direct glare from incandescent exposed lights shall not be visible from adjoining streets or properties.

E. Sewaqe: No discharge is permitted at any point in any private sewage disposal system or stream or into the ground, of any materials in such a way or of such nature or temperature as could contaminate any water supply, or otherwise cause the emission of dangerous objectionable elements, except in accordance with the standards as approved by water pollution control boards of appropriate agencies of the State Department of Environmental Resources. Furthermore, no accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.

F. Vibration: Any use creating intense earthshaking vibration shall be set back as far as possible from the lot lines on all sides, and, in no case shall any such vibration be perceptible along any lot line.

4. Permitted Use -

Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at 5348. [Ord. 2000-31

5. Conditional Use -

Communications towers and required communications equipment buildings subject to the standards for communications towers as conditional uses set forth at 5601. [Ord. 2000-31

6. Uses Prohibited -

A. Residential subdivisions and developments and the construction of c dwellings on existing lots zoned as industrial except for dwellings for watchmen, caretakers or farms.

B. Schools, hospitals, clinics or other institutions for human care, except where incidental to a permitted principal use.

(Ord. 6/11/1975A, Art. V, 511; as amended by Ord. 86-5, 1/14/1987; and by Ord. 2000-3, 4/12/2000)

5510. "M-1" Mininq District.

1. Submission of Plans - The owner of all land upon which mining is desired shall submit to the Planning Commission a site plan for its review the development of such tract of land. It shall then be the duty of the Planning Commission to investigate and ascertain whether the proposed activity complies with all of the provisions of this Chapter relative to environmental protection (especially in Part 3, General Provisions). The Planning Commission shall then present its recommendations to the Board of Supervisors.

2. Permitted Uses -

Strip Mining Coal Areas Areas of Deep Coal Mining Mining of'Rock Mining of Sand and Gravel Processing of Materials Mined Storage of Materials Mined Tipples

- 372 - Page Revised 4/12/2000

( 2 7 , § 5 1 0 ( 2 ) , cont’d) ( 2 7 , 8510 ( 2 ) , cont’d)

Railroad Yards Contractors Yards Communications antennas mounted on an existing public utility transmission tower, communication tower, building or other structure, and related communications equipment buildings, subject to the standards set forth at § 3 4 8 . [Ord. 2000-31 Accessory Uses to the above

3 . Conditional Uses - The following uses shall be permitted in a Mining District upon approval of the Board of Supervisors:

Solid Waste Disposal Area Junk Yards Bulk Fuel Storage Communications towers and required communications equipment buildings

uses set forth at 8601. [Ord. 2000-31 Accessory Uses to the above

subject to the standards for communications towers as conditional

(Ord. 6/11/1975A, Art. V, S l 2 ; as amended by Ord. 86-5, 1 / 1 4 / 1 9 8 7 ; and by Ord. 2000-3, 4 / 1 2 / 2 0 0 0 )

5511. Planned Residential Development . In order that the public health, safety and welfare be furthered in an era of increasing urbanization and growing demand for housing of all types and design; to ensure that the enacted Zoning Ordinance provisions of Kingston Township shall not be appliedto the improvement of land by other than lot by lot development in a manner that would distort the objectives of this Chapter; to encourage innovations in residential development and redevelopment so that the growing demand for housing may be met by greater variety in type, design and layout of dwellings and by the conservation and more efficient use of open space ancillary to said dwellings; so that greater opportunities for better housing and recreation may extend to all citizens and residents of Kingston Township; and in order to encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that economies secured may add to the benefit of those who need homes; and, in the aid of these purposes to provide a procedure which can relate the type, design and layout of residential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential areas, and to ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards andprocedures as shall encourage the disposition of proposals for land development without undue delay.

1. Applicability of the Planned Residential Development

A. The provisions of S513 of this code shall apply only to a tract of land which has a minimum of fifteen (15) acres.

B. The Kingston Township Planning Commission in their review of the proposed development plan shall consider:

(1) The proper relation between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for Kingston Township.

( 2 ) The adequacy of existing and proposed street, utilities, and other public services to serve the development.

Page Added 4 / 1 2 / 2 0 0 0 - 3 7 2 . 1 -

(27, §511(1) ( B ) , cont'd) (27, §511(1) ( B ) , cont'd)

(3) The character, design, and appropriateness of the proposed land uses and their adequacy to encourage desirable living conditions, to provide separation and screening between uses where desirable to preserve the natural amenities of streams, wooded areas and similar natural features.

( 4 ) The adequacy of open and play areas and that recreation facilities are provided for the needs of the development.

C . Approval and recommendation of the Planning Commission shall

[Text continued on following page.]

- 372.2 - Page Added 4/12/2000

(27, §Sll(l)(C), cont'd) (27, §Sll(l)(C>, cont'd)

be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed Planned Residential Development will not adversely affect the property adjacent to the area included in the plan.

D. Final approval of a Planned Residential Development shall not be granted until the owner or owners of the property give written notice of their consent to the proposed development.

2 . Review and Administrative Procedures - A. Pre-Application Conference - Before submitting an application

for a planned residential development an applicant, at his option, may confer with the Planning Commission to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data.

B. Development Plan - The following information shall appear on the preliminary development plan:

Detailed plan and general location map - showing the projected area prepared at a scale not l e s s than I" = 100' and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

(1) (2) (3) Streets on, and adjacent to, the tract street name,

right-of-way width, existing or proposed center line elevations, pavement, walks, curbs, gutters, and culverts (and their respective types).

( 4 ) Utilities on, and adjacent to, the tract location, size and invert elevation of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, manholes, electrical and telephone lines and street lights; direction and distance to, and size of, nearest water mains and sewers adjacent to the tract showing invert elevation of sewers.

(5) Ground elevations on the tract - for land that slopes less than two percent (2%), show one foot (1') contours; show spot elevations at all breaks in grades, along all drainage channels or swales, and at selected points not more than one hundred feet (100') apart in all directions; land that slopes more than two percent (2%) shall be shown at five foot ( 5 ' ) contours.

( 6 ) Subsurface conditions on the tract, if required by the Township Engineer - location and results of tests made to ascertain subsurface soil, rock, and groundwater conditions; depth to groundwater, unless test pits are dry at a depth of five feet (5 ' ) .

Boundary lines - bearings and distance. Easement - location, width and purpose.

(7 ) Zoning on, adjacent to, the tract.

- 373 -

(8) Internal uses of each building or structure, as well as the specific overall land use of the premises.

( 9 ) Title and certificates - present tract designation according to official records of the Recorder of Deeds; title under which the proposed development is t o be recorded, with names and addresses of owners, and notation stating acreage.

(10) Names - the names and addresses of the persons to whom notices of hearings hereunder may be sent including the subdivi- der or developer, the designer of the subdivision or development, and the owners of the land immediately adjoining the land to be platted.

(11) Open Space - all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated and their sizes.

(12) General location, purpose, and height of each building, other than single family residences on individually platted lots.

(13) Map data - name of development north point, scale and date of preparation.

(14) Character - Explanation of the character of the planned residential development and the reasons why it has been planned to take advantage of the flexibility of these regulations.

Ownership - Statement of present and proposed ownership of all land within the project.

Schedule - Development schedule indicating: (a)

(15)

(16) Stages in which project will be built with empha-

sis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plan and through supporting graphic material.

(b) Approximate dates for beginning and completion of each stage.

(17) Covenants - Proposed agreements , provisions, or covenants which will govern the use, maintenance, and continued protection of the planned residential development and any of its usable open space.

(18) Density - Provide information on the density of residential uses, including dwelling units per acre, the number of dwelling units by type, and the number of buildings by type.

(19) Nonresidential use - Provide information on the type and amount of ancillary and nonresidential uses in a residential planned unit development, including the amount and location of usable open space.

(20) Service facilities - Provide information on all service facilities and off-street parking facilities.

- 374 -

C. Architectural plans - Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size, and type of dwelling units.

D. Facilities plans - Preliminary plans for: (1) Roads, including classification, width of right-of-way,

(2) Sidewalks. ( 3 ) Sanitary sewers. ( 4 ) Storm drainage. (5) Water supply system. ( 6 ) Underground utilities program. (7)

width of pavement, and construction details.

A general landscape planting plan.

3. Public Hearings.

Within sixty (60) days after the filing of an application for tentative approval of a planned residential development pursuant to this Chapter, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors.

B. Public notice shall be given and written notice shall be given to the applicant, the zoning officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Planning Commission. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearing.

C. The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board of Supervisors, and any other person including civic or community orgainzations permitted t o appear by the Board of Super- visors. The Board of Supervisors shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board of Commissioners for that purpose.

D. The chairman, or acting chairman in the absence of the chairman, of the Board of Supervisors shall have power to administer oaths and issue subponeas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

F. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.

G. The Board of Supervisors shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board of Supervisors. The cost of the original transcript shall be paid by the Board of Super- visors if the transcript is ordered by the Board of Supervisors or

A.

E.

Page Revised 11/8/1989 - 375 -

(27, 5511(3)(G), cont'd) (27, S511(3)(G), cont'd)

shall be paid by the person appealing from the decision of the Board of Supervisors if such appeal is made, and in either everit the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

H. The Board of Supervisors shall not communicate, directly or indirectJy, with any party or his representatives in connection with any issue involved except upon notice for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

I. The Board of Supervisors may continue the hearing from tine to time, and may refer the matter back to the Planning Commission for a report, provided, however, that in any event, the public hearing or hearings shall be concluded within sixty (60) days after the date of the first public hearing.

4 .

A. The official written communication shall be certified by the Township Secretary and shall be filed in his office, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, it shall be deemed an amendment to the zoning map, effective upon final approval, and shall be noted on the zoning map.

B. Tentative approval of a development plan shall not qualify a plat of the planned residential development for recording nor authorize development or the issuance of any building permits. A development plan which has been given tentative approval as submitted, to which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted nor violated any of the conditions of the tentative approval), shall not be modified o r revoked nor otherwise impaired by the action of the Township pending an application or applications for final approval, without the consent of the landowner, provided an application or applications for final approval is filed or, in the case of development over a period of years, provided applications are filed, within the periods of time specified in the officiaJ written communication gratning tentative approval.

C. In the event that a development plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon said development plan and shall so notify the Board of Supervisors in writing, or in the event the landowner shall fail to file application or applications for final approval within the required period of time or revoked and all that portion of the area included in the development plan for which final approval has not been given shall be subject to those ordinances otherwise applicable thereto as they may be amended from time to time, and the same shall be noted on the zoning map and in the records of the Township Sec- retary.

Status of Plan After Tentative Approval.

- 376 - Page Revised 11/8/1989

( 2 7 , §511(5)) ( 2 7 , §511(5))

5 . Final Detailed Plan Content - A final plan, suitable for recording with the Recorder of Deeds shall be prepared. The purpose of the planned residential development plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general. The final plan of the planned residential development shall include, but not be limited to:

A. An accurate legal description of the entire area under

B. An accurate legal description of each separate unsubdivided use area, including usable open space.

C. Designation of the exact location of all buildings to be constructed, and a designation of the specific internal uses to which each building shall be put.

D. Tabulations on each separate unsubdivided use area, number of dwelling units per acre.

E. Public Facilities - All public facilities and improvements made necessary as a result of the planned residential development shall, at the election of the Township, be guaranteed by escrow deposits, irrevocable letters of credit in a form approved by the Township, or performance bonds in accordance with the Pennsylvania Municipalities Planning Code.

F. Covenants - Final agreements, provisions, or covenants shall govern the use , maintenance and continued protection of the planned residential development.

G. A landscape plan showing the location, type and size at installation of all proposed landscape materials, existing landscaping and trees to be retained on the site, as well as an identification of the existing trees to be removed that are two inches (2”) in diameter or greater, all proposed fences, walls, berms and any pertinent architectural elements associated with the landscape plan.

6 . I-- A. An application for final approval may be for all the land

included in a development plan or, to the extent set forth in the tentative approval, for a section thereof. Said application shall be made to the Planning Commission and within the time or times specified herein. The application shall include any drawings, specifications, covenants, easements, performance bond and such other requirements as may be specified hereby, as well as any conditions set forth in the official written communication at the time of tentative approval. A public hearing on an application for final approval of the development plan, o r part thereof, shall not be required provided the development plan, or the part thereof, submitted for final approval, is in compliance with the development plan theretofore given tentative approval and with any specified conditions attached thereto.

B. In the event the application for final approval has been filed, together with all drawings, specifications and other documents

immediate development within the planned residential development.

Page Revised 11/8/1989 - 377 -

(27, S511(6)(B), cont'd) (27, §511(6)(B), cont'd)

in support thereof, and as required by this Chapter, and the official. written communication of tentative approval, the Township shal.1, within thirty days of such filing, grant such development plan final approval.

C. In the event the development plan as submitted contains variations from the development plan given tentative approval, the Board of Supervisors nay refuse to grant final approval and shall, within thirty days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said variations are not in the public interest. In the event of such refusal, the landowner may either:

(1) Refile his application for final approval without the variations objected, or

(2 ) File a written request with the Board of Supervisors that it hold a public hearing on his application for final approval. If the landowner wishes to take either such alternate action he may do so at any time within which he shall be entitled to apply for final approval, or within thirty additional days if the time for applying for final approval shall have already passed at the time when the landowner was advised that the development plan was not in substantial compliance. In the event the landowner shall fail to take either of these alternate actions within said time, he shall be deemed to have abandoned the development plan. Any such public hearing shall be held pursuant to public notice within thirty days after request for the hearing is made by the landowner, and the hearing shall be conducted in the manner prescribed by law for public hearings on applications for tentative approval. Within thirty days after the conclusion of the hearing, the Board of Supervisors shall by official written comnunication either grant final approval to the development plan or deny final approval. The grant or denial of final approval of the development plan shall, in cases arising under this section, be in the form and contain the findings required for an application for tentative approval set forth in this Chapter.

D. A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Board of Supervisors and shall be filed of record forthwith in the office of the recorder of deeds before any development shall take place in accordance therewith. Upon the filing of record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that parr; thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.

E. In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the Board of Supervisors in writing; or, in the event

0

- 378 - Page Revised 11/8/1989

(27, §511(6)(E), cont'd) (27, §511(6)(E), cont'd)

I .

the landowner shall fail to commence and carry out the planned residential development within such reasonable period of time as is fixed hereby after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property i.s resubdivided and is reclassified by enactment of an amendment to the Borough Zoning Ordinance in the manner prescribed for such amendments in the Pennsyl- vania Municipalities Planning Code.

7. Mylar of Approved Final Plan - Within a maximum of three ( 3 ) weeks following the date of final approval by the Planning Commission of the final development plan, the applicant shall submit an eighteen inch (18") by twenty-four inch ( 2 4 " ) reproducible mylar of the approved final development plan to the Planning Commission who, at the expense of the developer, shall record said Final Plan in the Office of the Recorder of Deeds. The mylar shall contain the following information:

A. Graphic representation of the exact location of all buildings

B. Land use characteristics in table form containing the

and accessory structures.

following information:

(1) (2 ) ( 3 )

( 4 )

(5) ( 6 ) (7)

Gross project area in terms of acres. Net project area in terms of acres. Approved density for the project in terms of lot area/D. U . Approved usable open space for the project in terms of square feet of open space/D.U. Total number of parking spaces. Total number of dwelling units in the project. Number and type of residential units in the project.

C. Types and square footage of floor spaces of all nonresiden-

(1) Graphic representation of all public easements and legal descriptions thereof, who the easement is conveyed to, the purpose of such easement, and any conditions relating to the use of the easement.

D. Legal description of the gross project area.

E. All public and private streets, roads and alleys included in the project shall be shown by their bearings, widths and names. All streets, roads or alleys, not dedicated to public use, shall be marked "private" and named. All curves, portions of streets, roads or alleys shall be defined by curve data including points of curvature, points of tangency, points of compound curvature, radii of curves, central angles and length and bearing of its long chord.

F. In the event streets in the planned residential development are to be dedicated, a statement shall appear on the mylar that the streets shown on it are dedicated to the use of the public.

G. The Planning Commission shall issue a certificate certifying the final approval of the planned residential development, and the Chairman of the Board of Supervisors and Chairman of the Planning

tial uses provided:

Page Revised 11/8/1989 - 379 -

( 2 7 , §511(7)(G) , cont'd) ( 2 7 , §511(7)(G), cont'd)

Commission shall place their signature on such certificate which shall appear on the mylar. In the event said mylar is not submitted three ( 3 ) weeks following the date of final approval, the Building Offici-a1 shall not issue any building permits for the development or phase of a particular development until said mylar is received.

H. In the event the planned unit development is to be submitted for final approval in stages , the appl icant shall submit reproducible mylars for each stage of the development containing the information required above.

8. Control of the Planned Residential Development after Final

A. After the certificate of approval has been stamped on the reproducible mylar and other prints of plans and signed by appropriate Township officials, the use of land and the construction, modification or alteration of any buildings or structures within the planned residential development will be governed by the approved and recorded final development plan rather than by other provisions of this Zoning Chapter except the minor land use and engineering changes permitted by this section.

B. After the certificate of final approval has been issued and the final plan recorded, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below:

(1) Major Land Use Changes - Changes which alter the concept or intent of the planned residential development including changes in the approved public street or private drive construction standards, increases in density, decreases in proposed open space, changes in sizes of public and/or private sewer or water lines, other than service connections, resulting in less capacity, changes in the location of and types of nonresidential uses approved by the Planning Commission, change in the alignment or' any street, drive, parking area or water or sewer line in excess of twenty-five feet ( 2 5 ' 1 , change in the location of any public easement, change in the proportion of housing types by not more than fifteen percent (15%) of the approved dwelling unit count, a violation of any specific condition set forth by the Planning Commission and any changes in the final governing agreements, provisions o r covenants. All such changes may be approved only by submission of a new preliminary plan and supporting data, following the "preliminary approval" steps and subsequent amendment of the final planned residential development plan.

( 2 ) Minor Land Use Changes - The following minor changes to the approved final plan may be authorized by the Planning Commis- sion upon written request by the developer and upon submission of detailed plans demonstrating the requested change:

Approval -

(a) Decrease in density.

(b) Increases in open space.

- 380 - Page Revised 11/8/1989

(27, §511(8) ( B ) (21, cont'd) (27, §511(8) ( B ) (21, cont'd)

(c) Changes in the proportion of housing unit types by less than fifteen percent (15%) of the approved dwelling unit count.

(d) Increases in acreage of the planned residential development providing that the acreage under consideration is ten percent (10%) or less of the gross site area, in which the increase can only be used for open space, accessory buildings or parking.

(e) A density increase of not more than ten percent (10%) of the approved dwelling unit total, providing that the overall lot area requirement per dwelling unit of the district is not exceeded.

( 3 ) Minor Engineering Changes - The following minor engineering changes to the approved engineering plans may be authorized by the Township Engineer as required only upon written request by the developer and submission of detailed engineering plans demonstrating the requested change:

(a) Changes in road alignment and parking lot location

(b) Changes in the alignment of storm and sanitary

by twenty-five feet (25') or less.

sewers and water lines by twenty-five feet (25') or less.

sanitary sewers and water lines. (c) Increases in the approved capacity of storm and

In the event a situation occurs where it is not clear whether a modification constitutes a major or minor change, the responsibility to make such determination shall be jointly vested with the Chairman of the Kingston Township Planning Commission, and the Township Engineer.

(4) A development plan, or any part thereof, which has been given final approval shall be so certified without delay by the Planning Commission and shall be filed of record forthwith in the office of the recorder of deeds before any development shall take place in accordance therewith. Upon filing record of the development plan the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion within a reasonable time of said planned residential development or of that part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner.

(5) In the event that a development plan, or a section thereof, is given final approval and thereafter the landowner shall abandon such plan or the section thereof that has been finally approved, and shall so notify the governing body in writing; or in the event the landowner shall fail to commence and carry out the planned residential development within such reasonable period of t h e as may be fixed by t k Eoard of Supervisors

Page Revised 11/8/1989 - 381 -

(27, 8511 (8) (B) (51, cont'd) (27, 8511(8) (B) (51, cont'd)

after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to the municipal zoning chapter.

(Ord. 6/11/1975A, Art. V, 814; as amended by Ord. 86-5, 1/14/1987)

5512. Conservation Subdivision.

1. Purposes. To provide for protection of natural and historic features and resources; to conserve open lands by setting them aside from development; to minimize disturbance of natural or cultural features (such as mature woodlands, streams, hedgerows and tree lines, critical wildlife habitats, historic buildings and fieldstone walls); to preserve scenic views and elements of the Township's rural character; to create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space and with a strong neighborhood identity; to provide for active and passive recreational use by residents; and to provide greater design flexibility and efficiency in the siting of services and infrastructures, including the opportunity to reduce length of roads, utility runs and the amount of paving required for residential development.

2. Definitions.

BUILDABLE LAND or ADJUSTED TRACT ACREAGE - the net area of a tract remaining after wetlands, steep slopes of over twenty-five percent (2581, soils subject to slumping and all existing or proposed road and aboveground utility right-of-way or easements have been subtracted. In any tract zoned A-1, the dwelling yield is computed by dividing the buildable land by two and five-tenths (2.5). The dwelling yield represents the number of dwellings that could be placed on the tract with a two and one-half (2 1/2) acre minimum lot size.

3. Conservation Easement. If a duly recorded, permanent conservation easement is obtained for at least fifty percent (50%) of the buildable land in a tract to be developed as a conservation subdivision, then a number of dwellings equal to the dwelling yield plus fifty percent (50%) (and rounded if necessary to the next higher number) is permitted in the tract. The open spaces retained under the conservation easement are known as greenway lands and are to be left for the common enjoyment of all residents of the development. Greenway lands may be commonly owned by the residents through a homeowners association, or they may be owned by a land trust, an individual landowner, the Township or a combination of the above; they are typically managed by either a land trust or a homeowners association. Each parcel of the greenway land must be at least three (3) acres. The length-to-width ratio of each parcel cannot exceed four to one (4:l). The layout of the greenway lands must be approved by the Planning Commission; this approval should not be denied without reason.

4. Sensitive Area Disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, such as wetlands, lands within the one hundred (100) year floodplain, lands having slopes in excess of twenty-five percent (25%) or rock outcroppings. Demonstration by

- 382 - Page Revised 7/23/2003

(27, §512 (41, cont'd) (27, 8512 (4), cont'd)

the applicant that these features 'will be protected by the proposed development shall be prerequisite to approval of the plan.

5. Uses Permitted on Greenway Lands. The following uses are permitted in greenway land areas.

A. Conservation of open land in its natural state (for example, woodland, fallow field or managed meadow).

B. Neighborhood open spaces uses such as village greens, commons, picnic areas, community gardens, trails and similar low-impact passicve recreational uses. The clearing of woodland habitat shall generally be prohibited, except as necessary to create trails or recreation facilities or placing houses. Specifically excluded are motorized off-road vehicles, rifle ranges and other uses similar in character and potential impact as determined by the Board of Supervisors.

C . Active noncommercial relations areas, such as playing fields, playgrounds, courts and bikeways, provided such areas do not consume more than half of the minimum required greenway land or five ( 5 ) acres, whichever is less. Playing fields, playgrounds and courts shall not be located within one hundred (100) feet of abutting properties.

D. Water supply and sewage disposal systems and stormwater detention areas designed, landscaped and available for use as an integral part of the greenway lands.

E. Easements for drainage, access, sewer or water lines or other public purposes.

F. Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.

6 . Lot and Buildins Requirements. In a conservation subdivision, the principal building, accessory buildings and other land uses shall be located so as to comply with the following requirements:

Principal Buildinq Present Proposed

Minimum lot 2 1/2 acres 3/4 acres

Minimum lot width at building line 400 feet 125 feet

Minimum front yard 100 feet 50 feet

Minimum side yard, interior 50 feet 25 feet

Minimum side yard, street 40 feet 20 feet

Minimum rear yard 50 feet 25 feet

Minimum percent of lot coverage 20% 3 0%

Page Added 7/23/2003 - 382.1 -

( 2 7 , §512 ( 6 ) , cont'd) ( 2 7 , 8512 ( 6 ) , cont'd)

Accessory Buildinqs Minimum Setback from Lot Line

Front 40 feet 2 0 feet

Rear 3 0 feet 15 feet

Side Same as principal building

The majority of houselots should abut the greenway lands in order to provide direct views and access. Furthermore, to permit safe and convenient pedestrian (as well as maintenance) access to the greenway lands from each lot not abutting greenway lands, each neighboorhood shall provide one centrally located access point per fifteen (15) lots a minimum of twenty ( 2 0 ) feet in width.

7. Buffer for Adjacent Public Parkland. Where the proposed development adjoins public parkland, a natural greenway buffer at least one hundred fifty (150) feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted. Where this buffer is unwooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through 'no-mow" policies and the periodic removal of invasive alien plant and tree species.

8. OwnershiD of Greenwav Lands

A. All greenway land shall be permanently restricted from future subdivision and development by a conservation easement.

B. The following options for ownership may be used:

(1) Homeowners' Association. The applicant shall provide the Township a description of the organization of the proposed association, including its bylaws and all documents governing ownership, maintenance and use restrictions for common facilities; membership in the association will be automatic for all purchasers of dwelling units and their successors in title.

( 2 ) Conservation Organization (such as a land trust). The owner may transfer fee simple title of the open space or easements on the open space to a private nonprofit conservation organization provided that (i) the conservation organization is acceptable to the Township and is a bona fide conservation organization intended to exist indefinitely; (ii) the conveyance contains appropriate provisions proper reverter or retransfer in the event that the organization becomes unwillingly or unable to continue carrying out its functions.

( 3 ) Private landowner.

( 4 ) The Township, if, at the time of the initial development the Township wishes to assume ownership, and under the conditions

- 3 8 2 . 2 - Page Added 7 / 2 3 / 2 0 0 3

(27, 5512 (8) (B), cont'd) (27, §512 (8) (B), cont'd)

that there is no cost of acquisition to the Township and the Township agrees to and has access to maintain such facilities.

9. Maintenance of Greenwav Lands.

A. Unless otherwise agreed to by the Board of Supervisors, the cost and responsibility of maintaining common facilities and greenway land as well as property taxes and any liability insurance on the greenway lands shall be borne by the property owner, homeowners' association or conservation organization. Funds adequate for maintenance for at least one (1) year must be maintained on an ongoing basis. A conservation organization may require an endowment from the developer to fund maintenance.

B. The applicant shall, at the time of preliminary plan submis- sions, provide a Plan for Maintenance of Greenwway Lands and Operation of Common Facilities in accordance with the following requirements.

(1) The plan shall define ownership.

(2) The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, woodlands, etc.).

(3) The plan shall estimate staffing needs, insurance requirements and associated costs, and define the means for funding the maintenance of the greenway land and operation of any common facilities on an ongoing basis. Such funding plans shall include the means for funding long-term capital improvements as well as regular yearly operating and maintenance costs.

(4) At the Township's discretion, the applicant may be required to escrow sufficient funds for the maintenance and operation costs of common facilities for up to one (1) year.

(5) Any changes to the maintenance plan shall be approved by the Board of Supervisors.

C. In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended. In this case, the Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the owner of the greenway lands. Such costs shall become a lien on said premises.

10. Guidelines for Preparinq a Conservation Subdivision. An "Existing Features Site Analysis Program" drawn to scale and locating and analyzing a site's special features is required for all proposed conservation subdivisions. This plan provides the basis for the design process for greenway lands, house locations, street alignments and lot lines. A sketch plan, which can be shown on an overlay sheet on the Existing Features Site Analysis

Page Added 7/23/2003 - 382.3 -

(27 , 8512 (lo), cont’d) (27 , 8512 (101, cont’d)

Plan, is required to indicate tentative placements of the above aspects of the design. With these tentative plans in hand, the Planning Commission should conduct an onsite walkabout with the applicant and may use the services of a consultant with expertise in the design of conservation subdivisions. These plans developed by the applicant should use the following four-step design process:

A. Identify primary conservation lands (wetlands, floodplains, slopes over twenty-five percent ( 2 5 % ) and soils susceptible to slumping). In addition to the primary conservation areas, at least fifty percent ( 5 0 % ) of the remaining land shall be designated as a secondary conservation area. Both primary and secondary conservation areas shall be permanently protected by a conservation easement. Secondary conservation lands typically include, but are not limited to, mature woodlands, other woodlands, hedgerows, aquifer recharge areas, significant wildlife habitats, prime farmland, other fields and historic, archeological and cultural features. Such potential secondary conservation lands must be identified as to type on the Existing Features Site Analysis Plan. The applicant shall prioritize the secondary conservation lands in the tract in terms of their highest to least suitabilities for inclusion in the proposed greenway lands. At the onsite walkabout the Planning Commission should provide guidance to the applicant regarding the tentative location of the secondary conservation areas, potential house locations and street alignments.

B. Locate House Sites. House sites should generally not be located closer than one hundred (100) feet from primary conservation areas nor within fifty ( 5 0 ) feet of secondary conservation areas.

C. Lay Out Streets and Lots. Align proposed streets to provide vehicular access to houses while minimizing adverse impacts on conservation areas. Wetland crossings and streets traversing existing slopes over fifteen percent ( 1 5 % ) shall be strongly discouraged.

D. Draw in lot lines

(Ord. 6/11/1975A; as added by Ord. 2003-4, 5 / 1 4 / 2 0 0 3 , § 2 )

- 382.4 - Page Added 7 / 2 3 / 2 0 0 3

(27, §601)

Part 6

Conditional Uses

\

8601. General Criteria: Conditional Uses.

1. Any application for a conditional use shall demonstrate that:

A. The use will not endanger the public health and safety if located where proposed and will not deteriorate the environment or generate nuisance conditions.

B. The use can be accommodated on the site with no variances required.

C. The use is compatible with or will support the uses in the neighborhood of the site.

D. The use does not require substantial earthmoving, revision of drainage patterns, or create excessive traffic congestion or substantial increase in storm water flow.

E. Off-street parking is provided as required by §326 of this Chapter and areas not covered by buildings or paved are landscaped and maintained.

F. Access to parking lots are located as remote as possible from nearby street intersections and adequate sight distances are available at access points for motorists entering and leaving the property proposed for the use.

2. Standards for Communications Towers as Conditional Uses.

A. The applicant shall be required to demonstrate, using technological evidence, that the tower or antenna must be situated at the location and height where it is proposed in order to satisfy its function in the applicant's grid system or coverage diagrams. The technological evidence must be provided with the initial application. The Township reserves the right, at its option, to have such demonstration reviewed by an independent professional radio frequency engineer. All costs to be borne by the applicant as engineering review fees.

B. Every effort shall be made to locate the tower below the ridge line of mountains and hills while still preserving the site's useful- ness.

C. The applicant shall demonstrate that it is licenses by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.

D. The applicant shall submit a copy of the lease or other documentation evidencing that the owner of the property approves the siting of the tower, antenna, and other supporting equipment and the access provided to the site. All financial details of the lease may be omitted .

E. The communications tower site shall be fully automated and unattended on a daily basis, unless emergency conditions prevail. Two reserved off-street paved parking spaces shall be required upon a communications tower site.

Page Revised 4/12/2000 - 383 -

F. The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

G. Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations.

H. Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure, or communications tower. A good faith effort shall require that all owners of potentially suitable Structures within a one-half (%) mile radius of the proposed communications tower site be contacted and that one (1) or more of the following reasons for not selecting such structure apply:

(1) The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its rein- forcement cannot be accomplished at a reasonable cost.

(2) The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.

( 3 ) Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

(4) Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Comuni- cations Commission governing human exposure to electromagnetic radiation.

(5) A commercially reasonable agreement could not be reached with the owners of such structures.

I. Access shall be provided to the communications tower site by means of a public street or easement to a public street. The easement shall be a minimum of twenty (20) feet in width and shall be paved to a width of at least 10 feet for its entire length.

J. A communications tower site may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.

K. Site plans for all communications towers sites shall be submitted as a Land Development and shall comply with the Kingston Township Subdivision and Land Development Ordinance and will include a complete landscape plan prepared by a Pennsylvania registered Landscape Architect.

L. Recording of a plat of subdivision or land development shall be required for any parcel on which a communications tower site is proposed to be constructed.

- 384 - Page Revised 4/12/2000

(27, 9601 ( 2 ) (M) )

M. The applicant shall demonstrate that the proposed height of the Communications tower is the minimum height necessary to perform its function.

N. In all zoning districts, the maximum height of any communications tower shall be one hundred (100) feet; provided, however, that if the tower is replacing an existing communication tower structure such height may be increased to no more than the height of the existing tower structure or one hundred and fifty (150) feet, whichever is less, provided the required setbacks from adjoining property lines (not lease lines) are increased by one (1) foot for each one (1) foot of height in excess of the existing tower structure or one hundred (100) feet whichever is less.

0. The tower shall be set-back from adjacent property lines and existing buildings a distance equal to the maximum collapsible fall zone for the proposed tower as certified by a Pennsylvania registered engineer responsible for designing the proposed tower, plus twenty-five (25) feet. At no time will the set-back be less than the existing setback requirement or fifty (50) feet whichever is greater.

P. The base of a communication tower shall be landscaped so as to screen the fenced foundation, base and communications equipment building from abutting properties.

Q. The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.

R. The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed Communications Tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Tele- communications Industry Association and applicable requirements of the Township's Building Code.

S. The applicant shall submit certification that the tower and its method of installation has been designed by a Pennsylvania registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads projected for the proposed site in accordance with the American National Standards Institute (ANSI) as amended, and other Federal, State and local building regulations and accepted industry standards.

T. The applicant shall submit on an annual basis a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communication tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of one million ($1,000,000) dollars per occurrence and property damage coverage in the minimum amount of one million ($1,000,000) dollars per occurrence covering the communications tower, communications antennas, and all elements of the communications tower site.

All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within the fenced enclosure.

U.

Page Added 4/12/2000 - 384.1 -

V. The communications tower site including guy wires and equipment buildings shall be secured by a security fence with a minimum height of eight feet to limit accessibility by the general public, as described in 5348.

0 W. The following buffer plantings shall be located around the

perimeter of the communication tower site:

(1) An evergreen screen shall be planted that consists of either a hedge, planted three (3) feet on center maximum, or a row of evergreen trees planted ten (10) feet on center maximum. The hedge shall be sized to reach a height of forty-eight (48) inches and evergreen trees shall be sized to reach a height of ninety-six (96) inches within thirty-six (36) months of installation.

(2) Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

(3) All planting and planting areas shall be actively maintained throughout the life of the facility.

(4) A landscape plan prepared by a Pennsylvania registered landscape architect shall be submitted as part of the land development and or subdivision plan. This plan will become part of the final approved subdivision and or land development plans and will be recorded with the approved plans. This plan shall delineate planting areas, plant types, and sizes at installation, fencing type construction and finishes, as well as paved and lawn areas. The buffer planting will be maintained per the approved design as delineated in the recorded plans.

(a) No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communi- cations Commission, Federal Aviation Administration or other governmental agency which has jurisdiction, or related solely to the use of the communication tower.

(b) All lighting shall be shielded and reflected away from adjoining properties, except as required by the Federal Aviation Administration or other regulatory agencies.

(c) Communication towers shall be painted or camouflaged in such a way to minimize the visual impact on the surrounding landscape and to blend into the surrounding landscape.

(d) Communication towers shall be protected and maintained in accordance with the requirements of the Township's Property Maintenance Code.

X. If a communication tower remains unused for a period of twelve (12) consecutive months, the owner or operator shall dismantle and remove the communications tower within six ( 6 ) months of the expiration of such twelve (12) month period. Failing to do so, the Township may cause the same to be removed and charge the cost of the removal to the foregoing parties. In addition, the Township may file a municipal lien against the land to recover the cost of removal and attorney's fees. If the owner or operator plans to discontinue use of the facility, a copy of intent to cease operations must be submitted to Kingston Township. m

- 384.2 - Page Added 4/12/2000

Y. In order to reduce the number of antenna support structures needed in a community in the future any proposed new support structure shall be designed to accommodate at least one (1) other user(s) , including other communications company(ies1 and local fire, police, ambulance and emergency provider(s).

EOrd. 2000-31

(Ord. 6/11/1975A; as added by Ord. 86-5, 1/14/1987; and as amended by Ord. 2000-3, 4/12/2000)

3602. Procedure for Review.

1. A developer proposing a conditional use shall submit to the Zoning Officer five (5) copies of the following materials at least five ( 5 ) calendar days before a regular meeting of the Planning Commission:

A. Awritten statement supporting the general criteria outlined in . 5601 above and describing in detail the proposed use;

B. A scaled illustrative site plan showing the arrangement of the proposed use on the site, including property lines, setback lines, uses on adjacent properties, abutting streets, buildings existing and proposed on the site by use and height, points of access into the site, internal driveways, parking area layout with number of spaces noted, free-standing signs, areas of earth moving with grade of finished slope noted, means of disposing of storm water, proposed landscaping and other pertinent information.

C. The Commission may waive parts of the site plan submission that are clearly irrelevant in a particular case.

2. The Commission shall review the documents required by this section together with the specific criteria that apply to the proposed use at its next meeting and may recommend approval of the plan as submitted, rejection or approval with specific conditions to be met by the developer. Also, the Commission may table it for further information, or schedule a public hearing on it to gather public opinion.

3. The Commission shall note its discussion of the proposal and its recommendation to the Board of Supervisors in its minutes of the meeting and shall submit a copy to the developer and copies to the Board, together with the developer's submission.

4. The Board shall review the Commission's recommendations at the Board's next regular meeting and shall vote to accept or reject the recommendations. A copy of the Board's decision shall be sent to the Planning Commission and the developer.

5. The Board's decision shall be made not more than ninety (90) days after the submission was first reviewed by the Planning Commission, provided the plan is not withdrawn and resubmitted. The review period shall start over upon resubmission. When the Board fails to render a decision within the allotted time period (ninety (90) days), the application for a conditional use shall be deemed to be approved, unless an extension of time has been agreed to by the applicant.

Page Added 4/12/2000 - 384.3 -

6. If the Board grants approval, it shall authorize the Zoning Officer to issue a zoning permit for the proposed development. If conditions are attached to approval, they shall be noted on the building permit.

(Ord. 6/11/1975A; as added by Ord. 86-5, 1/14/1987)

- 384.4 - Page Added 4/12/2000

(27 , 5701) (27, 1701)

Part 7 Zoning Hearing Board

8701. Zoning Hearing Board.

1. There is hereby created for the Township a Zoning Hearing Board in accordance with the provisions of Article IX of the Pennsylvania Municipal- ities Planning Code, 53 P.S. 110901 -- et seq.

2. The membership of the Board shall consist of three ( 3 ) residents of the Township appointed by resolution by the Board of Supervisors. The terms of office shall be for three ( 3 ) years and shall be so fixed that the term of office of one (1) member shall expire each year. The Board shall promptly notify the Board of Supervisors of any vacancies which occur. Ap- pointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other office in the Township.

3. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors which appointed the member, taken after the member has received fifteen (15) days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

4 . The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action a quorum shall be not less than a majority of all the members of the Board, but the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in this Chapter.

5. The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Township and laws of the Commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Township and shall submit a report of its activities to the Board of Supervisors as requested by the Board of Supervisors.

6 . Within the limits of funds appropriated by the Board of Super- visors, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Board of Supervisors, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Supervisors.

(Ord. 1989-5, 11/8/1989)

1702. Parties Appellant Before the Board. Appeals raising the substantive validity of any land use ordinance (except those to be brought before the Board of Supervisors pursuant to the Pennsylvania Municipalities Code, procedural questions or alleged defects in the process of enactment o r adoption of a land use ordinance; or from the determination of the zoning officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of

Page Revised 11/8/1989 - 385 -

(27, 5702, cont'd) (27 , §702, cont'd)

any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot; from a determination by the Township engineer or the zoning officer with reference to the administration of any floodplain or flood hazard ordinance or such provisions within a land use ordinance; from the determination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this Chapter; from the determination of the zoning officer or Township engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving subdivision and land development or planned residential development may be filed with the Zoning Hearing Board in writing by the landowner affected, any officer or agency of the Township, or any person aggrieved. Requests for a variance and for special exception may be filed with the Board by any landowner or any tenant with the permission of such landowner. (Ord. 1989-5, 11/8/1989)

P703. Stay of Proceedings.

1. Upon filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the zoning officer o r of any agency or body, and all official action thereunder, shall be stayed unless the zoning officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action

' shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the zoning officer or other appropriate agency or body. When an application for development, preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to order such persons to post bond as a condition to continuing the proceedings before the Board.

2. After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition f o r a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court.

3. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. An order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

4 . If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post

- 386 - Page Revised 11/8/1989

( 2 7 , § 7 0 3 ( 4 ) , cont'd) ( 2 7 , § 7 0 3 ( 4 ) , cont'd)

a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be 1iabl.e for all reasonable costs, expenses and attorney fees incurred by the petitioner.

(Ord. 1989-5, 11/8/1989)

§704. Hearings. The Zoning Hearing Board shall conduct hearings and made decisions in accordance with the following requirements:

1. Public notice shall be given and written notice shall be given to the applicant, the zoning officer and to any person who has made timely request for the same. Written notices shall be given at such time and in such manner as shall be prescribed by rules of the Board. In addition to the written notice provided herein, written notice of said hearing shall be conspicuously posted on the affected tract of land at least one (1) week prior to the hearings.

2. The hearing shall be held within sixty (60) days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time.

3 . The hearings shall be conducted by the Board or the Board may appoint any member as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Board, however, the appellant or the applicant, as the case may be, in addition to the Township, may, prior to the decision of the hearing, waive decision or findings by the Board and accept the decision or findings of the hearing officer as final.

4 . The parties to the hearing shall be the Township, any person affected by the application who has made timely appearance of record before the Board, and any other person including civic or community organizations permitted to appear by the Board. The Board shall have power to require that all persons who wish to be considered parties enter appearances in writing on forms provided by the Board for that purpose.

5 . The chairman or acting chairman of the Board or the hearing officer presiding shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.

6 . The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.

7 . Formal rules of evidence shall not apply, but irrelevant , immaterial, or unduly repetitious evidence may be excluded.

0

8. The Board or the hearing officer, as the case may be, shall. keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board, if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases the party requesting the original transcript shall bear the cost thereof.

Page Revised 11/8/1989 - 387 -

(27, §704(9)) (27, §704(9))

9. The Board or the hearing officer shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for a11 parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundjngs after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.

10. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within forty-five ( 4 5 ) days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclu- sions based on any provisions of this Chapter or of any law, ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within forty-five (45) days and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than thirty (30) days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within sixty (60) days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of the said decision within ten (10) days from the last day it could have met to render a decision in the same manner as provided in subsection (1) of this Section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall pre- judice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.

A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their name and address with the Board not later than the last day of the hearing, the Board shall provide by mail or otherwise, brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined.

12. The Board of Supervisors shall establish, by resolution, fees with respect to hearings before the Zoning Hearing Board.

(Ord. 1989-5, 11/8/1989)

11.

- 300 - Page Revised 11/8/1989

(27, 1705) (27, 1705)

1705. Variances.

1. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this Chapter inflict unnecessary hardship upon the applicant. The Board may by rule prescribe the form of application and may require preliminary application to the zoning officer. The Board may grant a variance, provided that ali of the following findings are made where relevant in a given case:

A . That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this Chapter in the neighborhood or district in which the property is located.

B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

C. That such unnecessary hardship has not been created by the applicant.

D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.

E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

2. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. 910101 et seq.

(Ord. 1989-5, 11/8/1989)

9706. Jurisdiction.

1. The Zoning Hearing Board shall have exclusive jurisdiction to hear

A. Substantive challenges to the validity of any land use ordinance, except those brought before the Board of Supervisors pursuant t o 15609.1 and 916.1(a)(2) of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. 1110609.1, 10916.1.

B. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within thirty (30) days after the effective date of said ordinance. Where the ordinance appealed from is the initial zoning ordinance of the

and render final adjudications in the following matters:

Page Added 11/8/1989 - 388.1 -

(27, 9706(B), cont'd) (27, 9706(B), cont'd)

a Township and a Zoning Hearing Board has not been previously established, the appeal raising procedural questions shali be taken directly t o court.

C. Appeals from the determination of the zoning officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, the issuance of any cease and desist order or the registration or refusal to register any nonconforming use, structure or lot.

D. Appeals from a determination by the Township engineer o r the zoning officer with reference to the administration of any flood plain o r flood hazard ordinance or such provisions within a land use ordinance.

E. .Applications for variances from the terms of this Chapter and flood hazard ordinance or such provisions within a land use ordinance, pursuant to 5910.2 of the MPC, 53 P.S. 910910.2.

F. Applications for special exceptions under this Chapter or floodplain or flood hazard ordinance or such provisions within a land use ordinance, pursuant to 5912.1 of the MPC, 53 P.S. 910912.1.

G. Appeals from the deternination of any officer or agency charged with the administration of any transfers of development rights or performance density provisions of this Chapter.

H. Appeals from the zoning officer's determination under 5916.2 of the MPC, 53 P.S. 510916.2.

I. Appeals from the determination of the zoning officer or Township engineer in the administration of any land use ordinance or provision thereof with reference to sedimentation and erosion control and storm water management insofar as the same relate to development not involving applications under Article V or V I 1 of the MPC, 53 P.S. 9510501 et seq., 10701 et seq.

2. The Board of Supervisors, shall have exclusive jurisdiction to

A. All applications for approvals of planned residential developments under Article VI1 of the MPC pursuant to the provisions of 9702 of the MPC, 53 P.S. 910702.

B. All applications pursuant to 5508 of the MPC, 53 P.S. 510508, for approval of subdivisions or land developments under Article V of the MPC, 53 P.S. 510501 et seq.

C. Applications for conditional use under the express provisions of this Chapter.

D. Applications for curative amendment to this Chapter or pursuant to 95 609.1 and 916.l(a) of the MPC, 53 P.S. 5510609.1, 10916.l(a).

E. A l l petitions for amendments to land use ordinances, pursuant to the procedures set forth in 5609 of the MPC, 53 P.S. 910609.

F. Appeals from the determination of the zoning officer or the Township engineer in the administration of any land use ordinance or provisions thereof with reference to sedimentation and erosion control

hear and render final adjudications in the following matters:

- 388.2 - Page Added 11/8/1989

(27 , § 7 0 6 ( 2 ) ( F ) , cont'd) (27 , § 7 0 6 ( 2 ) ( F ) , cont'd)

and storm water nanagement insofar as the same relate to applications for land development under Articles V and VI1 of the MPC, 53 P.S. P110501 et seq., 10701 et seq. Where such determination relates only t o development not involving an Article V or VI1 application, the appeal from such determination of the zoning officer or the Township engineer shall be to the Zoning Hearing Board pursuant to this Section. Where the applicable land use ordinance vests jurlsdiction for final administration of subdivision and land development applications in the Planning Commission, all appeals from determinations under this subsection shall. be to the Planning Commission and all appeals from the decision of the Planning Conmission shall be to court.

(Ord. 1989-5, 11/8/1989)

§707. Court Review. Any party aggrieved by any decision of the Zoning Hearing Board may appeal to the Court of Common Pleas of Luzerne County, by petition duly verified, setting forth that such decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, and specifying the grounds on which he relies. (Ord. - 6/11/1975A, Art. VII, §5; as amended by Ord. 86-5, 1/14/1987)

9708. Special Exceptions. Where the Board of Supervisors, in this Chapter, has stated special exceptions to be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such specfa1 exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes- of this Chapter and the Pennsylvania Municipalities Planning Code, 5 3 P.S. §lo101 et seq. (Ord. 1989-5, 11/8/1989)

9709. Conditional Uses. Where the Board of Supervisors, in this Chapter, has stated conditional uses to be granted or denied by the Board of Supervisors pursuant to express standards and criteria, the. Board of Supervisors shall hold hearings on and decide requests for such conditional uses in accordance with such standards and criteria. In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in this Chapter, as it may deem necessary to implement the purposes of this Chapter and the Pennsylvania Municipalities Planning Code, 53 P.S. 810101 et seq. (Ord. 1989-5, 11/8/1989)

1710. Time Limitations.

1. No person shall be allowed to file any proceeding with the Zoniiig Hearing Board later than thirty (30) days after an application for development, preliminary or final, has been approved by the Township if such proceeding is designed to secure reversal or to Iinit the approval in any manner unless such person alleges and proves that he had no notice, knowledge or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision on a tentative plan or from an adverse decision by the zoning officer on a challenge to

Page Added 11/8/1989 - 388.3 -

(27, 9710, cont'd) (27 , 9710, cont'd)

the validity of this Chapter or an amendment hereto or map or an amendment thereto shall preclude an appeal from a final approval except in the case where the final submission substantially deviates from the approved tentative approval.

2. A l l appeals from determinations adverse to the landowner shall be filed by the landowner within thirty ( 3 0 ) days after notice of the determination is issued.

(Ord. 1989-5, 11/8/1989)

§711. Stav of Proceedines.

1. Upon filing of any appeal proceeding before the Zoning Hearing Board and during its pendency before the Board, all land development pursuant to any challenged ordinance, order or approval of the zoning officer or of any agency or body, and all official action thereunder, shall be stayed unless the zoning officer or any other appropriate agency or body certifies to the Board facts indicating that such stay would cause imminent peril to life or property, in which case the development or official action shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by the court having jurisdiction of zoning appeals, on petition, after notice to the zoning officer or other appropriate agency or body. When an application for development , preliminary or final, has been duly approved and proceedings designed to reverse or limit the approval are filed with the Board by persons other than the applicant, the applicant may petition the court having jurisdiction of zoning appeals to

* order such persons to post bond as a condition to continuing the proceedings before the Board.

After the petition is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the applicant for a bond to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for a bond. The right to petition the court to order the appellants to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeai is taken from a final decision of the court.

3. The question whether or not such petition should be granted and the amount of the bond shall be within the sound discretion of the court. A n order denying a petition for bond shall be interlocutory. An order directing the responding party to post a bond shall be interlocutory.

4 . If an appeal is taken by a respondent to the petition for a bond from an order of the court dismissing a zoning appeal for refusal to post a bond and the appellate court sustains the order of the court below to post a bond, the respondent to the petition for a bond, upon motion of the petitioner and after hearing in the court having jurisdiction of zoning appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by the petitioner.

(Ord. 1989-5, 11/8/1989)

2.

- 388.4 - Page Added 11/8/1989

( 2 7 , 4801)

Part 8

Administration and Enforcement

( 2 7 , 4801)

$801. Administrati-on.

Zoning Officer - The provisions of this Chapter shall be administered

Duties - The duties of the Zoning Officer shall be: A. To receive and check all applications for zoning permits and

certificates of occupancy.

B. To issue zoning permits and certificates of occupancy only for construction and uses which are in accordance with the regulations of this Chapter and subsequent amendments; or through Board or Court approval.

C. To record and file all applications for zoning permits and certificates of occupancy together with accompanying plans and documents and keep them for public record.

D. To immediately prepare and publish a complete list of all nonconforming uses and occupations existing at the time of adoption of this Chapter or any amendment thereto. Such list shall contain the names and addresses of the owner or owners of such nonconforming uses and of any occupant other than the owner, the legal description or descriptions of the land, to the degree reasonably attainable, and the nature and extent of land use. Notification of this list shall be given by at least one publication in a newspaper of general circulation within the Township, indicating where and when such list may be examined. Property owners and occupants shall be given one (1) month to inspect the list and suggest necessary changes. They shall be given opportunity to appeal to the Zoning Hearing Board for such changes in the list, as they request, but which are not made by the Zoning Officer. After any necessary changes have been made by the Zoning Officer, copies of the list shall be delivered to the Board of Township Supervisors for approval and recording.

E. Issue certificates of occupancy for legal nonconforming uses. He shall examine them periodically to determine that they do not expand beyond the limitation prescribed in this Chapter.

F. Upon specific request of the Planning Commission or Zoning Hearing Board, to furnish such facts, records and similar information, which will assist such body in reaching its decision.

G. To be responsible for keeping this Chapter including the Zoning Map, up to date, and to include any amendments thereto.

H. If the Zoning Officer shall find that any provisions of this Chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; order discontinuance of any

by a Zoning Officer, the office of which is hereby established.

- 389 -

(27 , §801(H), cont'd) (27 , §801(H), cont'd)

illegal work being done; or shall take any other action authorized by this Chapter to insure compliance with or prevent violation of its provisions.

(Ord. 6/11/1975A, Art. VIII, §l; as amended by Ord. 86-5, 1/14/1987)

§802. Enforcement. This Chapter shall be enforced by the Zoning Officer of Kingston Township. No permit or certificate of occupancy provided for in this Chapter shall be granted by him for any purpose except in compliance with the provisions of this Chapter, or with a decision of the Zoning Hearing Board or the courts. (Ord. 6/11/1975A, Art. VIII, 93)

1803. Complaints Regarding Violations: Whenever a violation of this Chapter occurs, or is alleged to have occurred, any person may file a written complaint, stating fully the causes and basis thereof, which shall be filed with the Zoning Officer. He shall acknowledge such complaint, immediately investigate, and take action thereon as provided in this Chapter. (Ord. 6/11/1975A, Art. VIII, 14)

5804. Schedule of Fees. Fees shall be paid in connection with applications under this Chapter in accordance with the Uniform Fee Resolu- tion adopted from time to time by the Board of Supervisors.

(Ord. 6/11/1975A, Art. VIII, 85; as amended by Ord. 1980-1, 7/9/1980; and by Ord. 1983-2, 4/13/1983; as amended by Ord. 86-5, 1/14/1987)

a §805. Enforcement Notice.

1. If it appears to the Township that a violation of this Chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this Section.

2. The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.

An enforcement notice shall state at least the following: 3.

whom the Township intends to take action. A. The name of the owner of record and any other person against

The location of the property in violation.

The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this Chapter.

D. The date before which the steps for compliance must be commenced and the date before which the steps must be completed.

E. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of ten (10) days.

F. That failure to comply with the notice within the time specified, unless extended by appeal to the zoning hearing board, constitutes a violation, with possible sanctions clearly described.

B. C.

(Ord. 1989-5, 11/8/1989)

- 390 - Page Revised 11/8/1989

(27, 1806) (27 , 1806)

5806. Causes of Action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this Chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least thirty (30) days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given. (Ord. 1989-5, 11/8/1989)

1807. Enforcement Remedies.

1. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than five hundred ($500.00) dollars plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor tinely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this Chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one ( 1 ) such violation until the fifth (5th) day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.

2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.

Nothing contained in this Section shall be construed or interpret- ed to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section.

4 . District justices shall have initial jurisdiction over proceedings brought under this Section.

3 .

(Ord. 1989-5, 11/8/1989)

Page Added 11/8/1989 - 390.1 -

(27 , 5901)

Part 9

Amendments to Map or Text

(27, 5901)

§901. General. Whenever the public necessity , convenience, general welfare or good zoning practice require , the Board of Township Supervisors by ordinance, may - after receipt: of recommendation thereon from the Planning Commission, and subject to the procedures provided by law - amend, supplement, or change the regulations, district boundaries or classifications of property, now or hereafter established by this Chapter or amendments thereof. (Ord. 6/11/1975A, Art. IX, 51)

5902. Enactment of Zoning Ordinance Amendments.

1. The Board of Supervisors may from time to time amend, suppl.ement, or repeal any of the regulations and provisions of this Chapter. The procedure for the preparation of a proposed zoning ordinance as set forth in 5607 of the Pennsylvania Municipalities Planning Code, 53 P.S. 110607, is hereby declared optional.

2. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the perimeter of the tract t o notify potentially interested citizens. The affected tract or area shall be posted at least one (1) week prior to the date of the hearing.

3. In the case of an amendment other than that prepared by the Planning Commission the Board of Supervisors shall submit each such amendment to the Planning Commission at least thirty (30 ) days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.

4 . If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, t o include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

5. At least thirty (30) days prior to the public hearing on the amendment by the Board of Supervisors, the Township shall submit the proposed amendment to the county planning agency for recommendations.

6. Within thirty days after enactment, a copy of the amendment to this Chapter shall be forwarded to the county planning agency.

(Ord. 1989-5, 11/8/1989)

a

5903. Procedure for Landowner Curative Amendments.

1. A landowner who desires to challenge on substantive grounds the validity of this Chapter or the Zoning Map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to the Board of Supervisors with a written request that his challenge and proposed amendment be heard and decided as provided in §916.1 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. §10916.1. The curative amendment and

Page Revised 11/8/1989 - 391 -

(27, 5903, cont'd) (27, 5903, cont'd)

challenge shall be referred to the PI-anning Commission and the county planning agency as provided in 4609 and notice of the hearing thereon shall be given as provided in 54610 and 916.1 of the MPC, 53 P.S. 5510609, 10610, and 10916.1. 6

2. The hearing shall be conducted in accordance with 4908 of the MPC and all references therein to the Zoning Hearing Board shall, for purposes of this Section be references to the Board of Supervisors. If the Township does not accept a landowner's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire Chapter and Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.

3. The Board of Supervisors, if it determines that a validity challenge has merit, may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Board of Supervisors shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:

A. the impact of the proposal upon roads, sewer facilities, water supplies, schools and other public service facilities;

B. if the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this Chapter or Zoning Map.

C. the suitability of the site for the intensity of use proposed by the site's soils , slopes , woodlands , wetlands , flood plains, aquifers, natural resources and other natural features;

D. the impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood plains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and

E. the impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.

(Ord. 1989-5, 11/8/1989)

5904. Procedure for Township Curative Amendments.

1. If the Township determines that this Chapter, or any portion

A. The Township shall declare by formal action, this Chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within thirty ( 3 0 ) days such declaration and proposal the Board of Supervisors shall:

( 1 ) By resolution make specific findings setting forth the

(a> references to specific uses which are either not

hereof, is substantially invalid, it shall take the following actions:

declared invalidity of this Chapter which may include:

permitted or not permitted in sufficient quantity;

- 392 - Page Revised 11/8/1989

(27, 5904(1)(A)(l), cont'd) (27, 5904(1)(A)(l), cont'd)

(b) reference to a class of use or uses which requires revision; or,

(c) reference to this entire Chapter which requires revisions.

(2) Begin to prepare and consider a curative amendment to this Chapter to correct the declared invalidity.

LJithin one hundred eighty (180) days from the date of the declaration and proposal, the Township shall enact a curative amendment to vali- date, or reaffirm the validity of, this Chapter pursuant to the provisions of 5609 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. 510609, in order to cure the declared invalidity of this Chapter.

3. Upon the initiation of the procedures as set forth in subsection (l), the Board of Supervisors shall not be required to entertain or consider any landowner's curative amendment fil-ed under 9609.1 of the MPC, 53 P.S. 510609.1, nor shall the Zoning Hearing Board be required t o give a report requested under 55909.1 or 916.1 of the MPC, 53 P.S. 5510909.1, 10916.1, subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified by the resolution required by subsection (l)(A). Upon completion of the procedures set forth in subsections (1) and (21, no rights to a cure pursuant to the provisions of 55609.1 and 916.1 of the MPC, 53 P.S. 5510609.1, 10916.1, shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of this Chapter for which there has been a curative amendment pursuant to this Section.

4 . The Township having utilized the procedures set forth in this Section nay not again utilize said procedure for a period of thirty-six (36) months following the date of enactment of a curative amendment, or reaffirmation of the validity of this Chapter; Provided, However, if after the date of declaration and proposal there is a substantially new duty imposed upon the Township by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Township may utilize the provisions of this Section to propose a curative amendment to this Chapter to fulfill said duty or obligation.

(Ord. 1989-5, 11/8/1989)

2 .

a

Page Added 11/8/1989 - 392.1 -

(27, 51001) (27 , 51001)

Part 10

Interpretation and Validity

51001. Interpretation. In interpreting and applying the provisions of this Chapter, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter; nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties not in conflict with this Chapter. (Ord. 6/11/1975A, Art. x, 51)

- 393 -

ZONING INDEX

L

SUBJECT

ZONING *

abandoned real property access control accessory buildings in residential dist. administration amendment to map or text

curative amendments, procedure for landowner amendments Township amendments

enactment of amendments general

bed and breakfast establishments building areas, permitted building permits, pending application buildings

CHAPTER

27 27 27 27

27 27 27 27 27 27 27

SECTION

3 0 1 3 02 3 03 8 0 1

903 904 9 0 2 9 0 1 346 3 3 1 330

accessory, see ZONING DISTRICTS, Residential Districts

e

conversion of expected uses land use, certain expected moving of nonconforming

on through lots principal, on a lot

uses of

causes of action cemeteries, mausoleums, crematories churches and schools color, design, smoke, noise, offensive complaints regarding violations compliance with regulations conditional uses

general criteria review, procedure to

court review day care facilities definitions, specific districts, see ZONING DISTRICTS dwellings, conversion of enactment enforcement

notice remedies

excavations existing lots of record fee schedule fences flood plains, garbage disposal group housing

27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27

27 27 27 27 27 27 27 27 27 27 27 27

3 07 338 338 319 320 322 3 04 332 807 306 305 325 803 104 709 6 0 1 602 707 344 2 0 1

3 07 102 802 805 807 308 343 804 310 315 3 1 1 312

Page Revised 1 / 9 / 1 9 9 1 1 - 2 1

SUBJECT

ZONING, cont'd hearings, see ZONING HEARING BOARD hearings for zoning changes home occupation interpretation junk yards jurisdiction land subject to flooding lots

existing, of record expected uses of nonconforming through

living area, minimum living units mobile homes nonconforming buildings/structures nonconforming lots nonconforming uses nonconforming uses of buildings nurseries and kindergartens nursing homes offensive conditions

parking (see also performance standards)

motor vehicles and trailers off-street

loading requirements location number of parking spaces required requirements size and access

fumes, vapors, and gases glare noise odors sewer age smoke, dust, and dirt

performance standards

CHAPTER

27 27 27 27 27 27

27 27 27 27 27 27 27 27 27 27 27 27 27 27

27 27 27 27 27 27 27 27 27 27 27 27 27 27

SECTION

902 313 1 0 0 1 314 706 315

343 3 3 8 3 2 1 3 0 4 3 1 7 316 3 1 8 3 2 0 3 2 1 3 09 322 345 323 325

3 2 8 3 2 6 3 2 6 ( 5 ) 326 ( 3 ) 326 ( 2 ) 3 2 6 ( 4 ) 3 2 6 (1) 3 2 9 329 ( 2 ) 329 ( 6 ) 329 ( 5 ) 3 2 9 ( 4 ) 3 2 9 ( 3 ) 329 (1)

planned residential development, (see ZONING DISTRICTS) proceedings, stay of 27 7 1 1 projections, overhanging or extruding 27 327 purpose of regulations 27 1 0 3 rear dwelling and easements 27 335 regulations governing communications antennas and communications equipment buildings 27 3 4 8

retaining walls 27 333 road frontage, required 27 336 sand gravel, excavation of 27 308 schedule of fees 27 804 shopping centers 27 334 special exceptions 27 7 0 8 starting work, notice of 27 3 4 1

1 - 2 2 Page Revised 4 / 1 2 / 2 0 0 0

.

l b

i

i

SUBJECT ZONING, cont 'd

swimming pools community/club private

time limitation traffic visibility across corner lots uses, public and semipublic variances vision, obstruction at intersections yards

accessory front projections into

Zoning Officer

ZONING DISTRICTS Agr i cul t ur a 1 Di s t r i c t "A- 1 'I

conditional uses lot and building requirements permitted uses prohibited uses

boundary lines Cons e r va t i on Di s t r i c t

lot requirements permitted uses

conservation subdivision General Commercial District "B-2"

C - 1

conditional uses lot and building requirements permitted uses

Indus t ri a1 Di s t r i c t 'I I - 1 It

performance standards referral and authorization submission of plats uses prohibited

Mining District "M- 1" conditional uses permitted uses submission of plans

permitted uses Mobile Home Park Residential District

Multi-Family Residential District "R-3" accessory buildings lot and building requirements permitted uses principal building

Neighborhood Commercial District "B-1" conditional uses lot and building requirements permitted uses

applicability control of development after approval

Planned Residential Development

CHAPTER

27 27 27 27 27 27 27 27 27 27 27 27 27

27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27 27

27 27 27

SECT I O N

3 3 9 3 3 9 ( 2 ) 3 3 9 (1) 340, 710 337 347 7 0 5 324 342 342 ( 3 ) 342 (1) 3 4 2 ( 2 ) 8 0 1

502 502 2 ) 502 4 ) 502 1) 5 0 2 ( 3 ) 4 0 3 5 0 1 5 0 1 ( 2 ) 5 0 1 (1) 512 5 0 8 5 0 8 ( 2 ) 5 0 8 ( 3 ) 5 0 8 (1) 5 0 9 5 0 9 ( 3 ) 5 0 9 ( 2 ) 5 0 9 ( 1 ) 5 0 9 ( 4 ) 5 1 0 510 ( 3 ) 5 1 0 ( 2 ) 5 1 0 (1) 5 0 6 5 0 6 (1) 5 0 5 5 0 5 (3) 5 0 5 ( 2 ) 5 0 5 (1) 5 0 5 ( 4 ) 5 0 7 507 ( 2 ) 5 0 7 ( 3 ) 507 (1)

511 511 (1) 511 ( 8 )

Page Revised 7 / 2 3 / 2 0 0 3 1-23

SUBJECT

ZONING DISTRICTS, cont'd

CHAPTER SECTION

Planned Residential Development (cont'd) final approval, application f o r 27 final detailed plan content 27 mylar of approved final plan 27 public hearings 27 review and administrative procedures 27 status of plan after tentative approval 27

Residential Districts accessory buildings 27

Single-Family Residential District "R-1" 27 conditional uses 27 lot and building requirements 27 permitted uses 27 required utilities 27

Two-Family Residential District "R-2" 27 lot and building requirements 27 permitted uses 27

types of 27 zoning maps 27

appellant before the board, parties 27 conditional uses 27 court review 27

jurisdiction 27 proceedings, stay of 27 special exceptions 27 time limitations 27 variances 27

ZONING HEARING BOARD

hearings 27

1-24

511 ( 6 ) 511 (5) 511 ( 7 ) 511 (3) 511 ( 2 ) 511 (4)

303 503 503 ( 2 ) 503 (3) 503 (1) 503 (4) 504 504 ( 2 ) 504 (1) 4 01 4 02

702 709 707 704 706 7 1 1 708 710 705

Page Revised 1 / 9 / 1 9 9 1