Municipality of Kingston, PA Article V Special Exceptions and Uses

§ 181-17 Amusement uses; adult entertainment; methadone treatment facilities.

A. Outdoor recreation facilities.

(1) Such uses shall include golf courses, ice-skating rinks, swimming pools, tennis courts and amusement parks.

(2) Unenclosed recreational facilities shall be located not less than 25 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining dwelling uses in accordance with the provisions of § 181-16G(2).

(3) Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

(4) No public address system is permitted, except where such system will not be audible at any property line.

(5) Private swimming pools, permanent and portable, which shall be accessory to a principal noncommercial dwelling use shall be regulated as follows, except that these regulations shall not apply to portable swimming pools which shall be not more than three feet in height nor more than eight feet in length:

(a) May be erected only on the same zone as the principal structure.

(b) May be erected only in the rear yard of such structure and shall be distant not less than five feet from rear lot lines nor less than five feet from any side yard, principal structure or accessory structure attached thereto excepting principal structures with approved zero side yard setback(s). The distance from the side yard with zero structure setback shall be no less than three feet.

[Amended 2-20-1989]

(c) The pool is intended and is to be used solely for enjoyment of the occupants of the principal use of the property on which it is located, and their guests, and no fee shall be charged.

(d) The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties, said wall or fence to be not less than four feet nor more than six feet in height and maintained in good condition. The height of the fence shall be determined at a vertical line at the natural contour of the land.

[Amended 9-11-1978]

(e) In the installment of all permanent-type swimming pools, the existing grade shall not be increased more than six inches.

(f) All pumping, cleaning, filtering and screening devices and water supply and discharge shall be of a type and source approved by local and/or state health department authorities.

B. Adult entertainment.

[Added 9-13-1993 by Ord. No. 1993-12]

(1) The Town Council of the Municipality of Kingston hereby declares the purpose of this amendment is to regulate the operation of B.Y.O.B. clubs and adult-related activities in order to preserve the residential character of neighborhoods and to protect the rights of its citizens to the quiet enjoyment of the same. It is the express purpose of this chapter to strike a balance between the constitutional rights of the owners and patrons and the constitutional rights of the residents of the Municipality of Kingston.

(2) The following words or phrases, when used in this chapter, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section:

ADULT BOOKSTORE

An establishment having, as a major portion of its stock-in-trade, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual areas or anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.

ADULT ENTERTAINMENT CLUB

A cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers. (Note: This is an exception to the sexual activities/anatomical area rules.)

ADULT MOTION-PICTURE THEATER

An enclosed building, with a capacity of 50 or more persons, or an outdoor drive-in movie theater, used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to sexual activities or anatomical areas, for observation by patrons therein.

ALCOHOLIC BEVERAGES

Any and all beverages, including malt beverages, which contain alcohol, liquor or such other intoxicating substances as are further defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101, et seq.

CLUB

(otherwise known as "bring-your-own-bottle clubs") Any business facility such as a dance hall, club, association or entity not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age and older may, after payment of a fee, cover charge or membership fee, consume alcoholic beverages which said patrons have carried onto the premises. The definition does not include a facility which is rented for a limited period of time, not to exceed 12 hours, by an individual or an organization for the purpose of a private party in which alcoholic beverages are carried onto the premises.

CONDUCT ANY ADULT BUSINESS

Any person who does any one or more of the following shall be deemed to be conducting an adult business:

(a) Operates a cash register, cash drawer or other depository on the adult business premises where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

(b) Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the adult business premises;

(c) Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the adult business premises;

(d) Acts as a door attendant to regulate the entry of customers or other persons into the adult business premises; and

(e) Supervises or manages other persons in the performance of any of the foregoing activities on the adult business premises.

ENTERTAINMENT

Any act or performance, such as a play, skit, reading, revue, pantomime, scene, song, dance, musical rendition or striptease, whether performed by employees, agents, contractors or customers. The term "entertainment" shall also mean bartenders, waiters, waitresses or other employees exposing "specified anatomical areas" or engaging in "specified sexual activities" in the presence of customers.

OPERATOR

The manager or other natural person principally in charge of an adult business regulated in this section.

RESIDENTIAL ZONE

Those classes of residential zones specified in the Municipality of Kingston Zoning Ordinance.

SPECIFIED ANATOMICAL AREAS

(a) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.

(b) Human male genitals in a discernibly turgid state, whether or not covered.

SPECIFIED SEXUAL ACTIVITIES

(a) Human genitals in a state of sexual stimulation or arousal.

(b) Acts of human masturbation, sexual intercourse or sodomy.

(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(3) Special uses: B.Y.O.B. clubs or adult business. The following uses shall only be permitted as special exception uses in an M-1 and C-3 Zoning District, and the requirement for a special exception use in said Districts shall be in addition to all other requirements of this chapter and all amendments thereto, and shall be in addition to all other requirements of all other applicable ordinances.

(a) Book sales and magazine sales, where either the advertising or the displays or signs in or out of the location offer written materials showing specified sexual activities or specified anatomical areas. This does not apply to the availability for sale of any material displayed in such a way that only the name of the book or magazine appears.

(b) Movie theaters or outdoor drive-in movie theaters offering movies or other displays showing specified sexual activities or specified anatomical areas.

(c) Any type of theater or establishment offering any kind of show emphasizing specified sexual activities or specified anatomical areas.

(d) Any coin-operated devices and any place offering coin-operated devices which show specified sexual activities or specified anatomical areas.

(e) Any cabaret, club or tavern offering any entertainment showing specified sexual activities or specified anatomical areas.

(f) Any B.Y.O.B. club or entity.

(g) Massage establishments in which the exposing of specified anatomical areas by operators, employees or patrons occurs or which is not under the control and supervision or on the premises of a Pennsylvania licensed physician, chiropractor or physical therapist.

[Added 9-2-2003 by Ord. No. 2003-1]

(4) Prohibited acts; construal of provisions.

(a) It shall be unlawful for any person or persons who own, operate, lease, manage or control a B.Y.O.B. club or conduct any adult business to:

[1] Transact business without possessing a valid club permit; or

[2] Own, operate or conduct business that is located within 300 feet of the following:

[Amended 9-2-2003 by Ord. No. 2003-1]

[a] A church.

[b] A public or private elementary or secondary school.

[c] A nursery school, kindergarten, child-care center, day nursery or day-care center.

[d] A university, college, vocational or business school.

[e] A boundary of any residential district.

[f] A public park adjacent to a residential district.

[g] The property line of a lot devoted to any residential use.

(b) For the purpose of this section, owner or owners shall mean the proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors and person holding 10% of the outstanding shares if a corporation.

(c) For the purposes of this section, measurements shall be made in a straight line, from the nearest portion of the building structure used as a part of the premises of a regulated use to the nearest property line of any uses listed in Subsection B(4)(a)[2] of this section.

(d) The regulations in this Zoning Code of B.Y.O.B. clubs, adult bookstores, adult motion-picture theaters and nude live entertainment clubs are intended to be land use controls meant to regulate the harmful secondary effects of such uses only, and shall not be construed as being intended to limit access by adults to sexually oriented material, activity or expression protected by the First Amendment of the United States Constitution.

(5) Signage; severability.

(a) The owner or operator of an adult entertainment use may erect, construct and maintain signs allowed by and conforming with the Municipality of Kingston's Zoning Ordinance. No signs shall contain photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only the name of the regulated establishment.

(b) If any section, subsection, clause or any portion of the regulations in this Zoning Code regulation B.Y.O.B. clubs, adult bookstores, adult motion-picture theaters and nude live entertainment clubs is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code regulating such cases.

(6) In the event that any of the unlawful activities specified herein is conducted by or in the name of a corporation, partnership, joint venture, trust, firm or association, such corporation, partnership, joint venture, trust, firm or association shall be deemed in violation of this chapter, as well as the person or persons engaged in the unlawful activity.

(7) The unlawful activities specified herein shall constitute separate and distinct offenses for each and every day in which said activities are conducted.

(8) Permit application; issuance; fee.

(a) Any person or persons desiring to operate or continue to operate a B.Y.O.B. club or adult business shall file with the Code Enforcement Officer of the Municipality of Kingston an application for a B.Y.O.B. club or adult business permit, which application shall include the following information: the name and address of the B.Y.O.B. club or adult business; a statement whether the business premises is leased or owned by the B.Y.O.B. club or adult business; the name and address of the lessor of the business premises, if applicable; the nature of the ownership of the B.Y.O.B. club or adult business, i.e., corporate, partnership, joint venture, association; the names and addresses of the officers and/or agents of the B.Y.O.B. club or adult business; the names and addresses of any and all persons who possess an ownership and/or financial interest in the B.Y.O.B. club or adult business; and a notarized affidavit that the applicant has obtained all applicable licenses and paid all applicable taxes and fees for operating such a club or adult business.

(b) The Code Enforcement Officer shall determine whether the B.Y.O.B. club or adult business fully and completely complies with the provisions and requirements of this chapter within 10 days following the date on which the application is received. If the Code Enforcement Officer determines that the applicant fully and completely complies with the provisions hereof, the Code Enforcement Officer shall issue the proper permit. If the Code Enforcement Officer determines that the applicant does not fully and completely comply with the provisions hereof, the Code Enforcement Officer shall deny the issuance of the permit and shall furnish written evidence of the same to the applicant, together with the reason(s) for the denial.

(c) The club shall pay an administrative fee of $500 for the permit, which shall be effective for a period of one year following the date of issuance. The Municipality of Kingston reserves the right to revoke the permit upon failure of the club or business to fully and completely comply with the provisions of this and other applicable ordinances in the Municipality of Kingston.

(9) Any person, partnership or corporation who or which shall violate the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof. Enforcement shall further be in accordance with Section 617.2 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended,[1] and all civil judgments collected for the violation of this chapter shall be paid over to the Municipality of Kingston.

[1] Editor's Note: See 53 P.S. § 10617.2.

C. Prohibition of the location of methadone treatment facilities in certain locations.

[Added 10-2-2000 by Ord. No. 2000-5]

(1) Location restrictions.

(a) Notwithstanding any other provision of law to the contrary and except as provided in Subsection C(2), a methadone treatment facility shall not be established or operated within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

(b) The provisions of this subsection shall apply whether or not an occupancy permit or certificate of use has been issued to the owner or operator of a methadone treatment facility for a location that is within 500 feet of an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility.

(2) Notwithstanding Subsection C(1), a methadone treatment facility may be established and operated closer than 500 feet to an existing school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility if, by majority vote, the governing body votes in favor of the issuance of an occupancy permit or certificate of use for said facility at such a location. At least 14 days prior to the governing body of a municipality voting on whether to approve the issuance of an occupancy permit or certificate of use for a methadone treatment facility at a location that is closer than 500 feet to a school, public playground, public park, residential housing area, child-care facility, church, meetinghouse or other actual place of regularly stated religious worship established prior to the proposed methadone treatment facility, one or more public hearings regarding the proposed methadone treatment facility location shall be held within the municipality following public notice. All owners of real property located within 500 feet of the proposed location shall be provided written notice of said public hearings at least 30 days prior to said public hearings occurring.

(3) This section shall not apply to a methadone treatment facility that is licensed by the Department of health prior to May 15, 1999.

(4) As used in this section, the term "methadone treatment facility" shall mean a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.

§ 181-18 Community facilities.

A. Community buildings, clubs, social halls, lodges, fraternal organizations and similar uses.

(1) All buildings shall be a minimum of 20 feet from any property line, except where greater distances are otherwise required herein.

(2) In R Districts, where permitted, there may be included retail sales for guests only.

(3) All applications for such uses in R Districts shall demonstrate to the satisfaction of the Zoning Hearing Board that the proposed use will serve primarily the residents of the surrounding neighborhood and that said use cannot satisfactorily be located elsewhere to serve said neighborhood.

B. Essential services; enclosed or permanent structures. Such uses shall include facilities for sewage treatment, electric substations, transformers, switches and auxiliary apparatus serving a distribution area in R District and shall be subject to the following regulations:

(1) Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

(2) The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.

(3) Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 181-16G.

(4) Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth herein.

C. Fire and police stations. Such facilities shall be permitted in all R Districts, provided that such facility is necessary to serve the surrounding area.

D. Hospitals, churches or other religious or philanthropic institutions. All such uses shall be located on a public street which shall have a pavement width of not less than 38 feet and shall maintain a minimum ten-foot-wide landscaped strip, in accordance with the provisions of § 181-16G, on all property lines abutting R Districts and all residential streets. Such uses shall not be located or designed in such a manner as would be detrimental to the privacy, convenience and property values of nearby residential developments.

E. Day care.

[Amended 2-11-1985; 5-6-1985]

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ARTERIAL STREET

Market Street from the Market Street bridge to Market and Sprague, Wyoming Avenue in its entirety, Pierce Street in its entirety, Union in its entirety and Rutter Avenue from Pierce Street to the Cross Valley Expressway.

DAY-CARE CENTER

A facility in which care is provided for seven or more children at any one time, where the child-care areas are not being used as a family residence.

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 provided at any one time to four, five or six children, who are not relatives of the caregiver.

GROUP DAY-CARE HOME

A facility in which care is provided for more than six but fewer than 12 children at any one time, where the child-care areas are being used as a family residence.

USABLE AREA

An area that is used exclusively for the facilities of child-care purposes, including all space indoors and outdoors. In a multipurpose building, space other than that used for the care of children cannot be used to satisfy space requirements.

(2) The above-defined day-care facilities must hold an approved Pennsylvania Department of Public Welfare (DPW) registration certificate or license, as appropriate, and meet all current Department of Public Welfare regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and safety codes.

(3) All day-care homes and facilities shall be fully protected by approved smoke detectors and fire extinguishers in good working condition.

(4) Family day-care homes and group day-care homes may locate in any district, subject to the standards in that particular district for a single-family residence and the following additional safeguards, whichever is more restrictive:

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

(b) Off-premises play area. When an off-premises outdoor play area is used, it must be located within one-half (1/2) mile and safely accessible without crossing at grade any arterial street or other hazardous area. [See the definition of "arterial street" in § 181-18E(1).]

(c) Fencing. The requisite outdoor play area shall be surrounded by a four-foot-minimum safety fence or barrier equivalent. [See § 181-16C(4)(d).]

(d) Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

(e) Signs. Any sign shall comply with standards governing signs in residential districts. (See § 181-28A.)

(5) Day-care centers may locate in any district, subject to the regulations of that zoning district and the following additional standards, whichever is more restrictive:

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

(b) Off-premises play area. When an off-premises outdoor play area is used, it must be located within one-half (1/2) mile and safely accessible without crossing at grade any arterial street or other hazardous area.

(c) Fence. The outdoor play area required by state licensing shall be surrounded by a minimum four-foot safety fence or barrier equivalent. [See § 181-16C(4)(d).]

(d) Play area setback. No portion of the outside play area shall be less than 50 feet from an existing occupied dwelling without the dwelling owner's written consent being obtained and filed with the municipality.

(e) Hours. Outside play shall be limited to the hours between 8:00 a.m. and 7:00 p.m.

(f) Signs. Any sign shall comply with regulations applicable to signs.

(g) Usable area. The minimum usable area shall provide no less than 300 square feet per child. This shall be computed using the maximum license capacity of the facility, i.e., 30 children require 9,000 square feet.

(6) Municipal officials reserve the right to make periodic but at least semiannual inspections to ensure continued compliance with all state and municipal requirements. All existing facilities shall register with the office of the Code Enforcement Officer within 30 days of the effective date of this chapter, providing the location of their principal operating facility and the location of off-site recreational facilities, if any. New facilities will be required to provide this information prior to the issuance of an occupancy permit.

(7) Facilities using municipal recreational facilities will provide insurance binders in the amount specified by the municipality.

F. Private nurseries and kindergartens.

[Added 5-6-1985]

(1) A private nursery school or kindergarten exists when five or more children from three through six years of age are gathered regularly for the purpose of developing intellectual, emotional, physical and social skills and the operator possesses a valid license issued by the Pennsylvania Department of Education's State Board of Private Academic Schools.

(2) The private nursery or kindergarten must also meet any applicable state and municipal building and fire safety codes.

(3) The private nursery or kindergarten shall be permitted to locate in any zoning district if it complies with all zoning regulations governing day-care centers (see § 181-18E), with the exception of licensing by the Department of Public Welfare.

(4) Municipal officials reserve the right to make periodic but at least semiannual inspections to ensure continued compliance with all state and municipal requirements.

§ 181-19 Residential and residential-related commercial uses.

A. Two-family, multifamily and garden apartment dwellings.

(1) All two-family, garden apartment, townhouses and other multifamily development sites shall be provided with an existing or approved public and/or community-type water supply and sanitary sewer system approved by appropriate local and state health authorities having jurisdiction.

(2) Minimum lot area, coverage and yard requirements.

(a) Two-family dwellings. The minimum lot area per dwelling unit shall be as specified in § 181-15 hereof for the zone district where situated, except that in zones designated R-1, the minimum lot area per dwelling unit shall be not less than 4,000 square feet. Minimum frontage, depth, yards and maximum coverage shall be as specified for the zone district where situated.

(b) Multifamily and garden apartments.

[1] Minimum lot size. Multifamily or garden apartment, townhouse development shall not be erected on a zone lot of less than 18,000 square feet. The minimum width of such a lot shall not be less than 150 feet at the front property line.

[2] Maximum lot coverage. The land area covered by buildings, garages and other accessory structures shall not exceed an aggregate of 25% of the lot area.

[3] Yards.

[a] Front yard. No structure, other than townhouse, shall be located nearer to a front street property line than 50 feet, except as specified for townhouses, etc.

[b] Rear yard. No structure shall be located nearer to a rear property line than 50 feet.

[c] Side yard. No structure shall be located nearer to a side property line than 30 feet.

[d] A building wall exposing both windows and an entranceway shall be located not closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.

[e] A building wall exposing only windows or only an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 25 feet.

(3) Maximum number of dwelling units. Garden apartments shall not exceed eight dwelling units per structure.

(4) Permanent open space. In addition to the yard, setback and off-street parking requirements of this chapter, there shall be provided a minimum of 10% of the gross area of the site to be permanently set aside for open recreation area, which shall be for the common use of the residents thereof.

(5) Off-street parking. Provision for off-street parking shall be as required in § 181-22.

(6) Approval of site plan. The plans for any proposed two-family, multifamily or garden apartment development shall require the approval of the Planning Commission and Zoning Hearing Board, as provided in § 181-24 and the requirements of this section.

B. Motels, motor courts, motor hotels and similar uses.

(1) Such uses shall have a minimum area for each unit of occupancy of 150 square feet and shall include a minimum of one bedroom and an enclosed bathroom containing a bathtub or shower, commode and lavatory and be supplied with hot and cold running water.

(2) Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

(3) Such uses shall be located on a public street having a pavement width not less than 38 feet and shall provide ingress and egress so as to minimize traffic congestion.

§ 181-20 Retail and manufacturing uses.

A. Bakeries. Bakeries first permitted in any C-1 District shall be located no closer to an R District than 50 feet, and goods produced on the premises shall be sold only at retail on the premises.

B. Drive-in eating and drinking places. Such businesses where persons are served in automobiles shall be not closer than 200 feet to an R District and shall be located on a public street having a pavement width of not less than 38 feet and shall provide ingress and egress so as to minimize traffic congestion.

C. Retail sales for guests only. Where such uses are permitted, the following shall apply:

(1) There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity, other than from within the building.

(2) There shall be no harm to adjoining, existing or potential residential development due to excessive traffic generation or noise or other circumstances.

D. Retail uses in M-1 District. Such uses shall be permitted only where the applicant proves that such use is or will be necessary to serve manufacturing uses and shall not adversely affect the industrial development of adjoining land. Where such uses are permitted, the minimum lot size requirement shall be 10,000 square feet.

E. Manufacturing uses. Manufacturing uses in any M-1 District shall, when abutting an R District, be screened from such district in accordance with the provisions of § 181-16G(1) and (2).

§ 181-20.1 Flea markets.

[Added 11-25-1985]

A. Purpose and intent. The purpose and intent of the adoption and enforcement of the terms and provisions of this section is to provide for the preservation of the character, appearance and residential integrity of the various residential districts located within the Municipality of Kingston and to promote and protect the general welfare, health, safety and well-being of the residents thereof.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

OUTDOOR FLEA MARKET

A sale or exchange of tangible personal property, of every kind and description, or for services or repairs to such personal property conducted at a location where there are multiple vendors who have paid a fee or charge, or who have been allowed to occupy outdoor space without charge, for the privilege and purpose of displaying or selling items of tangible personal property or furnishing services or repairs thereto, all for a price or consideration, where such conduct is available to the general public.

PERSON

Any individual, partnership, corporation, association or group, or any other similar institution, whether conducted for profit or otherwise.

RESIDENTIAL R-1, R-2 AND R-3 DISTRICTS

Declared to be and encompass such districts as are presently defined by the Code of the Municipality of Kingston, Chapter 181, Zoning, and the Official Zoning Map of the Municipality of Kingston defining the boundaries and extent of each such district.

C. Uses in certain zoning districts; exceptions.

(1) Outdoor flea markets, as defined by this section, are hereby prohibited and shall neither be established nor conducted within the boundaries of any zoned R-1, R-2 or R-3 Residential District of the Municipality of Kingston; nor shall any such outdoor flea market or markets be established or conducted in any area immediately adjoining and adjacent to any such zoned R-1 Residential District. However, outdoor flea markets may be established and conducted in any other zoning district established by Chapter 181 of the Code of the Municipality of Kingston, subject, however, to the restriction and prohibition that any outdoor flea market established or conducted in any area bordering and adjacent to an R-2 or R-3 Residential District shall be situate or located not less than 100 feet from the nearest zone line or lines of any such R-2 or R-3 Residential District and shall be screened by a fence, wall or other barrier adequate to conceal such flea market and the contents thereof from adjacent property, thereby providing for a buffer zone to maintain the residential integrity and character of such R-2 or R-3 Residential District.

(2) Exceptions. The provisions of this section shall not apply, nor affect, the following:

(a) Isolated or casual sales of goods pursuant to an order or process of a court of competent jurisdiction.

(b) The sale or advertising for sale, on an isolated or casual basis, of any item or items of personal property by the owner thereof, which is specifically described in the advertisement.

(c) An isolated or casual sale of an item or items of personal property by the owner thereof, commonly referred to as a "yard or garage sale," provided that such sale is conducted entirely upon property of the owner or leased by such person.

(d) An isolated or casual sale of an item or items of personal property by charitable, nonprofit, eleemosynary, educational or similar organizations and institutions, provided that the purpose of said sale is to directly benefit such organization or organizations.

D. Penalties for offenses and violations. Any person violating any of the provisions of this section shall, upon conviction thereof, be sentenced to pay a fine not to exceed the sum or amount of $300 and/or be sentenced to 30 days in jail.

§ 181-21 Large-scale developments.

Large-scale developments, as defined herein, shall be permitted as a special exception and shall be developed in accordance with the following requirements:

A. Conformity with Master Plan. The proposed large-scale development shall conform to the municipality's Master Plan in terms of general location.

B. Large-scale residential developments. The purpose of this section shall be to permit the large-scale development of housing in such a manner as to provide for the flexibility of design and arrangement of dwelling structures which would achieve the objectives of this chapter but would not be bound by the standards established for individual lot by lot developments. Such developments shall, however, be subject to the broader standards set forth below.

C. Spacing and orientation of residential developments. Spacing between buildings and orientation in residential building groups shall be as follows:

(1) In buildings containing multiple-dwelling units, walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposures.

(2) Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

(3) A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicles.

D. Vehicle and pedestrian circulation. Adequate provision for vehicle and pedestrian circulation shall be designed as follows:

(1) Safe and convenient arrangement of walks, roadways, driveways and off-street parking and loading space.

(2) Separation of general vehicle traffic from pedestrian walks and public transportation loading places.

E. Paving and drainage. The developer shall install throughout any proposed large-scale residential development hard-surfaced streets at reasonable grades, which shall include curbs or gutters, catch basins and storm sewers.

F. Development standards.

(1) Minimum lot area per dwelling unit.

(a) Single-family detached and attached dwellings. Although the average minimum lot area per dwelling unit shall not be less than the minimum area requirement for the district where the development is located, the size of each lot may be reduced, as needed, to not less than two thirds (2/3) of the minimum required in the R-1 District; provided, however, that for cluster developments, each lot may be reduced to one-third (1/3) of the minimum lot area, but the average area per dwelling unit within each development section, including open space, shall not be less than the minimum otherwise required for the R-1 District.

(b) Two-family dwellings, garden apartments and other multifamily dwellings. The average minimum lot area per dwelling unit shall not be less than the minimum area required for each respective type of dwelling structure in the district where such principal permitted uses are first permitted. The dimensions of each individual lot may, however, be reduced by not more than one-third (1/3) of the minimum requirement, provided that the average lot area per dwelling unit within each development district shall not be less than the area otherwise required.

(2) Minimum lot size. There shall be no minimum lot frontage required except, as follows:

(a) One-family and two-family dwellings detached: 80 feet.

(b) One-family and two-family dwellings, semidetached: 50 feet for each side.

(c) One-family dwellings, attached (town houses): 25 feet per dwelling unit plus an additional twenty-five feet at each end of all rows.

(d) One-family cluster development: none.

(e) Multifamily garden apartments: none.

(f) Other multifamily dwelling structures: none.

(3) Minimum lot depth. No lot for any residential structure or group of residential structures shall have a lot depth of less than 100 feet.

(4) Minimum front yards. The minimum front yard for all residential structures shall be 25 feet, except that garden apartments and other multifamily structures, not including town houses, shall have a minimum front yard of not less than 50 feet; provided, however, that these minimum front yard requirements may be reduced by not more than 20% if the developer shall provide adequate justification acceptable to both the Planning Commission and the Zoning Hearing Board.

(5) Minimum side yards and other distances between buildings. Minimum side yards for all single-family dwellings, including cluster developments, shall be as specified in Schedule I[1] hereof for one-family dwellings in an R-1 District. There shall be no side yard requirements for all other residential structures, except as follows:

(a) Side yards adjoining public rights-of-way on other thoroughfares shall be not less than 50 feet, except where the front yard of such structure shall be reduced by up to 20% as specified in § 181-21F(4) hereof, then such side yard adjoining a thoroughfare may be reduced to the same depth as such front yard.

(b) All other distances between buildings shall be as set forth under § 181-19A(2)(b)[3] and § 181-21C hereof.

[1] Editor's Note: Schedule I is located as an attachment to this chapter.

(6) Maximum lot coverage. There shall be no maximum lot coverage limitation on a lot-by-lot basis; provided, however, that the overall coverage of land by buildings within any development section shall not exceed 25% of the net land area (excluding land used for rights-of-way).

G. Supporting commercial facilities. Local retail and service commercial facilities, including those uses permitted as principal permitted uses in a C-1 Commercial District, may be permitted in a large-scale residential development, provided that such commercial development, including required off-street parking, off-street loading and landscaping, shall not exceed 10% of the net land area of the large-scale residential development; and provided, further, that the location of such commercial facilities shall be approved by the Planning Commission.

H. Aesthetic considerations. Due to the potential impact of a large-scale development on the municipality as a whole and since the developer is provided the opportunity to modify otherwise minimum development standards, the Planning Commission may withhold the overall approval of such projects, as well as the approval of reduced standards, pending their review and approval of the proposed overall design, arrangement and layout of the buildings to be erected, including the exterior design of such buildings, provided that the architectural character of the large-scale development area will be compatible with that of the adjoining areas.

I. Large-scale commercial and manufacturing development.

(1) Spacing and orientation of commercial and manufacturing developments. Spacing between buildings and orientation in commercial and industrial building groups shall be as follows:

(a) Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.

(b) A building group may not be so arranged that any permanently or temporary inhabited building is inaccessible by emergency vehicles.

(2) Signs and lighting. All signs and lighting devices shall be of a type and design that will not conflict with traffic control signs and lights and shall be so oriented that they do not produce glare on the highway or adjacent residential development. In any commercial development of five acres or more, identification signs may be erected in accordance with the provision of § 181-28 hereof, except as follows:

(a) There shall be not more than one such sign for each commercial establishment, but there may be a maximum of one additional sign identifying the large-scale development and the occupants thereof.

(b) A sign identifying a large-scale commercial development may be freestanding or attached to a wall or fence.

(c) Any freestanding sign shall be located at the entranceway of the use which it identifies. No such freestanding sign shall extend more than 30 feet above the mean ground level where it is located.

(d) No sign identifying a building group shall have an area of more than 10% of the vertical wall area of the front of the building, nor shall the total area of the sign of each tenant exceed 10% of the vertical building wall area of the front of the space occupied by the tenant.

(e) The lesser dimension of any sign shall not exceed five feet; provided, however, that for large-scale development signs, this provision shall not apply.

(f) Except for signs identifying the large-scale development, all signs shall be attached to the principal buildings.

(g) No business sign shall project more than two feet from the building facade to which it is attached.

(h) No business sign shall be erected or maintained upon the roof of a building, nor shall any sign extend above the roof of a building a distance of more than five feet; provided, however, that a business sign may be affixed to a parapet. It may not extend more than five feet above the roof of the building, and no such sign shall project more than one foot from the parapet.

(i) The area of any sign shall include the entire face of the sign and any structural work incidental to its erection and/or decoration. If the sign is composed of individual letters, figures or designs, the space between and around such letter, figures or designs shall be considered as part of the area.

(j) Plans showing proposed location and design of all signs, including also directional traffic signs and parking signs, shall be submitted to the Planning Commission for its review and recommendation to the Zoning Hearing Board, which shall be responsible for approval. In granting such approval, special attention shall be given to considerations of safety and convenience of traffic movement and the appropriate and harmonious relationships between buildings, structures and signs, both on the site and in adjacent areas.

(k) Proper arrangement of signs and lighting devices, with respect to traffic control equipment and adjacent residential districts.

(l) Directional signs indicating the direction of premises available and having inscribed thereon the name of the occupant(s) may be erected and maintained; provided, however, that the size of such sign shall not exceed an area of six square feet nor a length of four feet; and provided, further, that there shall be not more than one such sign for each entrance to any premises.

(3) Planting and screening. In business building groups abutting or within 100 feet of residential districts, fences, walls or year-round screen planting, when necessary to shield adjacent residential districts from parking lot illumination, headlights, fences, heat, blowing papers and dust and to reduce the visual encroachments of commercial architectural signs and activity.

J. Justification for exceptions. Such exceptions, which may be required from the strict application of this chapter shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such developments as well as of neighboring properties than would obtain under the normal requirements of this chapter.

§ 181-22 Vehicular uses.

A. Off-street parking. In all districts, except in the C-2 District, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking space open to the public at no charge for automobiles in accordance with the requirements set forth herein.

(1) Size and access.

(a) Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall be of usable shape and condition. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three spaces.

(b) There shall be adequate provisions for ingress and egress to all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations and in no case shall there be permitted unrestricted access along the length of the street or alley upon which the parking area abuts.

(2) Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in Table I following, in accordance with the definition of "floor area" as set forth in Article II hereof, provided, further, that in any R District, on any lot having an area of one acre or less, private garage space may be provided for not more than four motor vehicles. For an area of one acre or less, private garage space may be provided for not more than four motor vehicles. Space for one additional motor vehicle may be provided for each one-fifth (1/5) acre by which the area of the lot exceeds one acre; and in any R District, not more than than one garage space provided on any lot shall be used for the housing of a commercial motor vehicle greater than a capacity of one-half (1/2) ton. In any case of a building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Zoning Hearing Board, shall apply.

	Table I
	Minimum Required Off-Street Parking Spaces
	Use	Required Parking Spaces
	Automatic laundry [Amended 2-11-1985]	2 for each laundry machine
	Automobile sales and service garages	1 for each 400 square feet of floor area
	Banks or professional offices	1 for each 300 square feet of floor area
	Bowling alleys	5 for each alley
	Churches and schools	1 for each 5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater
	Community buildings and social halls	1 for each 100 square feet of floor area
	Dwellings	1 for each family or dwelling unit, except in multifamily dwellings where 1.5 spaces shall be provided for each dwelling unit. Only 1 space shall be required for each 4 dwelling units in housing designed exclusively for the elderly.
	Food supermarkets	1 for each 200 square feet of floor area
	Funeral homes, mortuaries	10 for each parlor
	Furniture or appliance stores	1 for each 400 feet of floor area
	Hospitals, nursing and convalescent homes	1 for each 3 beds
	Hotels or motels	1 space for each living or sleeping unit
	Launderette [Amended 2-11-1985]	2 for each laundry machine
	Manufacturing plants, research or testing laboratories, bottling plants	The total parking area shall not be less than 25% of the building floor area.
	Medical or dental offices	5 spaces for each doctor or dentist
	Restaurants, beer parlors and night clubs	1 for each 2.5 seats
	Retail stores and shops	1 for each 300 square feet of floor area, except in the excluded area along Wyoming Avenue
	Rooming houses and dormitories	1 for each 2 bedrooms
	Automobile service stations	2 for each pump
	Sports arenas, auditoriums, theaters, assembly halls	1 for each 5 seats
	Trailer or monument sales or auctions	1 for each 2,500 square feet of lot area
	Wholesale establishments or warehouses	The total parking area shall not be less than 25% of the building floor area

(3) Off-site facilities. All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same zone lot as the use to which such spaces are accessory, except that such spaces may be provided elsewhere but shall be provided within a radius of no greater distance than 250 feet from that zone lot, and provided, further, that required spaces are provided off the site in accordance with the provisions set forth herein and that such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and/or assigns to maintain the required number of spaces available throughout the life of such use, and such spaces shall conform to all regulations of the district in which they are located.

B. Off-street loading. In any district, in connection with every building or building group, or part thereof, hereafter erected and having a gross floor area of 5,000 square feet or more which is to be occupied by manufacturing or commercial uses or distribution of material or merchandise by vehicles, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the requirement of Table II following:

	Table II
	Minimum Off-Street Loading Space Requirements
	Use	Required Floor Area (square feet)	Off-Street Loading Berths
	Schools	15,000 or more	1
	Hospitals (in addition to space for ambulance)	10,000 to 300,000 For each additional 300,000 or major fraction thereof	1 1 additional
	Undertakers and funeral parlors	5,000 For each additional 5,000 or major fraction thereof	1 1 additional
	Hotels and offices	10,000 or more	1
	Commercial, wholesale, manufacturing and storage	10,000 to 25,000 25,000 to 40,000 40,000 to 60,000 60,000 to 100,000 For each additional 50,000 or major fraction thereof	1 2 3 4 1 additional

C. Joint facilities for parking or loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one use, unless otherwise approved by the Zoning Hearing Board in accordance with the purposes and procedures set forth herein.

D. Development and maintenance of parking and loading areas. Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

(1) Screening and landscaping. Off-street parking areas for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises, by a fence or hedge. Such fence or hedge shall be not less than four feet nor more than six feet in height and shall be maintained in good condition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining the premises, or the front lot line facing the premises, in any R District shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.

(2) Minimum distances and setbacks. No off-street parking or loading area, or part thereof, for more than five vehicles shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot. No parking area shall be located less than five feet from the established legal street or alley. Said right-of-way shall include and not be limited to street pavement, tree lawns or sidewalks.

(3) Surfacing. Any off-street parking or loading area shall be surfaced with an asphaltic or cement binder pavement or similar durable and dustless surface which shall be so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

(4) Lighting. Any lighting used to illuminate any off-street parking or loading areas shall be arranged as to reflect the light away from the adjoining premises in any R District.

(5) Modification of requirements. The Zoning Hearing Board may authorize on appeal a modification, reduction or waiver of the foregoing requirements if it should find that in the particular case appealed the peculiar nature of the use or the exceptional situation or condition must justify such action.

E. Service stations and parking lots.

(1) Location of establishments and access thereto. Gasoline filling stations, commercial parking areas for five or more motor vehicles, automobile repair shops, or any vehicular access thereto are regulated as follows:

(a) Shall not be located within 100 feet of any boundary line of any R District.

(b) Shall not be located within 200 feet of property dedicated to or intended for schools, playgrounds, churches, hospitals, public libraries and institutions for dependents or for children, when located along the same street and in the same block as said properties.

(c) Vehicular access to the above automotive uses shall not be closer to the intersection of any two street lines than 50 feet.

(2) Location of appliances or pits. No gasoline filling station or parking garage shall be permitted where any gasoline or oil pump or oil draining pit or visible appliance for any such purpose is located within 10 feet of any street lot line, except where such appliance or pit is within a building.

§ 181-23 Miscellaneous services.

A. Animal hospitals, kennels and pounds. In any zone district where permitted, no such use shall be located closer than 100 feet to any R District, restaurant or hotel and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.

B. Cemetery, crematory, mausoleum. Any of these uses shall provide entrance on a street or road which shall have a pavement width of not less than 20 feet, with ingress and egress so designed as to minimize traffic congestion, and shall provide a minimum six-foot-high fence, evergreen or evergreen-type hedges or shrubs, at intervals of not more than six feet, or provide a minimum 20 feet of permanently maintained planting strip on all property lines abutting any R District or residential street.

C. Undertakers and funeral parlors. Undertaking and funeral parlor establishments may be permitted as a special exception in those zone districts where they are enumerated in § 181-15 hereof, provided that all required parking is made available, the outward appearance of the building does not detract from the residential area where it may be proposed, and it is to be located on a street where the collection and movement of vehicles participating in a funeral procession will not adversely affect the major or secondary vehicular circulation pattern of the community.

D. Animals in residential districts. Farm animals other than customary pets shall not be kept in residential districts. Household pets shall be limited to an aggregate three per family in residential districts and shall not include ponies or horses.

§ 181-24 Conditions for special exceptions.

Special exceptions, as enumerated in § 181-15, shall be permitted only upon authorization by the Zoning Hearing Board pursuant to review by the Planning Commission in accordance with § 181-65D, provided that such uses shall be found to comply with the following requirements and other applicable requirements as set forth in this chapter.

A. That the use is a permitted special exception as set forth in § 181-15 hereof.

B. That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

C. That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

D. That the use shall be compatible with adjoining development and the proposed character of the zone district where it is to be located.

E. That adequate landscaping and screening is provided as required in § 181-23 and as otherwise provided herein.

F. That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

G. That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for large-scale development.

§ 181-25 Conversions; year-round dwellings.

A. Conversion of a single-family residence to a two-family residence shall be permitted only in an R-2 or less restrictive district, provided that:

(1) The minimum lot area per dwelling shall be as required for the zone district where the zone lot to be converted shall be located.

(2) Where such conversion is undertaken, there shall be provided on the same zone lot not less than one additional off-street parking space in accordance with the provisions of § 181-22 hereof.

(3) Such structure shall contain not less than 1,700 square feet of living space, and no dwelling unit therein shall contain less than 850 square feet of living space.

B. Nondwelling structures. No commercial or manufacturing structure, originally designed for other than residential use, shall be converted to a dwelling structure, nor shall any such structure which was so converted prior to the adoption of this chapter be further converted to provide for additional dwellings.

§ 181-26 Permitted home occupations.

Permitted home occupations operated in any dwelling unit may be operated only if it complies with all of the following conditions:

A. Where permitted. Within a single dwelling unit or in a building or other structure accessory to a dwelling unit, and only by the person or persons maintaining a dwelling therein, and not more than two additional persons shall be employed in the home occupation.

B. Evidence of use. Does not display or create outside the building any evidence of the home occupation, except that one unanimated, nonilluminated flat or window sign having an area of not more than two square feet shall be permitted on each street front of the zone lot on which the building is situated.

C. Extent of use. Does not utilize more than 20% of the gross floor area of the dwelling unit (except foster family care), and except that medical and dental offices may utilize not more than 50% of the gross floor area of the dwelling unit.

D. Permitted uses. Includes not more than one of the following uses:

(1) Professional offices in accordance with provisions for off-street parking, as required herein, with not more than two nonresident assistants.

(2) (Reserved)[1]

[1] Editor's Note: Former Subsection D(2), Rooming and boarding, as amended, was repealed 10-3-2016 by Ord. No. 2016-6.

(3) Custom dressmaking.

(4) Foster family care (for not more than four children simultaneously).

(5) Commercial photography and other similar uses with nor more than one nonresident employee.

(6) Barbershop and beauty parlor with not more than one nonresident employee.

(7) Tutoring for not more than three students simultaneously. Such tutoring is to be clearly incidental and secondary to the use of the dwelling unit for dwelling purposes.

[Amended 10-3-2016 by Ord. No. 2016-6]

§ 181-27 Outdoor storage areas.

Such uses shall not abut an existing residential development, a residential street or any R District, and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Zoning Hearing Board to protect the public health, safety, comfort, convenience and general welfare and especially with regard to abutting properties and the occupants thereof:

A. Inflammable and explosive liquids. No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

B. Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 20 feet from all property lines which abut an R District or existing residential development, but in any other case shall be distant not less than 10 feet from any property line and shall be distant not less than 25 feet from any public street.

C. Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

D. Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

§ 181-28 Signs.

Signs may be erected and maintained only when in compliance with the following provisions:

A. Signs in residential districts. The following types of nonilluminated, nonadvertising signs are permitted in all residential districts as follows:

(1) Nameplates and identification signs.

(a) Signs indicating the name or address of the occupant or a permitted home occupation, provided that they shall not be larger than two square feet in area. Only one such sign per dwelling unit shall be permitted except in the case of corner lots where two such signs (one facing each street) shall be permitted for each dwelling unit.

(b) For hotels and for buildings other than dwellings, a single identification sign not exceeding six square feet in area and indicating only the name and address of the building and the name of the management may be displayed, provided that on a corner lot two such signs (one facing each street) shall be permitted.

(2) Sale or rental signs. Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any other person interested in the sale or rental of such premises, and signs bearing the word "sold" or "rented" with the name of persons effecting the sale or rental may be erected or maintained, provided that:

(a) The size of any such sign is not in excess of six square feet.

(b) Not more than two signs are placed upon any property unless such property fronts upon more than one street, in which event two more signs may be erected on each additional frontage.

(3) Institutional signs. Signs of schools, colleges, churches, hospitals, sanatoriums or other institutions of a similar public or semipublic nature may be erected and maintained, provided that:

(a) The size of any such sign is not in excess of six square feet.

(b) Not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which event two such signs may be erected, one on each frontage.

(4) Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area and limited to one sign for each such exit or entrance and to a maximum size of two square feet each shall be permitted. One sign per parking area designating the conditions of use and identity of such parking area and limited to a maximum size of nine square feet shall be permitted, provided that on a corner lot two such signs shall be permitted, one facing each street.

(5) Development signs. Signs advertising the sale or development of the premises upon which they are erected, when in connection with the development of the premises by a builder, contractor, developer or other persons interested in such sale or development, may be erected and maintained, provided that:

(a) The size of any sign is not in excess of 20 square feet.

(b) Not more than two signs are placed upon any property, unless such property fronts upon more than one street, in which event two such signs may be erected on such frontage.

(c) Any such sign shall be removed by the developer within 30 days of the final sale of property.

(6) Directional signs. Signs indicating the location of premises available for or in process of development, but not erected upon such premises, and having inscribed thereon the name of the owner, developer, builder or agent, may be erected and maintained, provided that:

(a) The size of any such sign is not in excess of six square feet and not in excess of four feet in length.

(b) Not more than one such sign is erected on each 500 feet of street frontage.

(7) Artisans' signs. Signs of mechanics, painters and other artisans may be erected and maintained during the period such persons are performing work on the premises on which such signs are erected, provided that:

(a) The size thereof is not in excess of 12 square feet.

(b) Such signs are removed promptly upon completion of the work.

(8) Private driveways. Signs indicating the private nature of a driveway, or trespassing sign, provided that the size of any such sign shall not exceed two square feet.

(9) Height and projection of signs. No sign in an R District shall project into the public way or project higher than one story or 20 feet, whichever is lower.

B. Signs in C and M Districts. Business signs shall be permitted as follows:

(1) Size of signs. No sign shall have a gross surface including (both sides) of more than 100 square feet in any C District or more than 150 square feet in any M District.

(2) Location of signs. In any C-1 District, all signs shall be securely attached to a building. Freestanding signs shall be permitted in all other C and M Districts only, provided that no such sign shall be nearer to any property line(s) or inside edge of the sidewalk(s), whichever is more restrictive, than five feet, measured from the leading edge of the sign.

[Amended 7-7-1986]

(3) Illumination of signs. Flashing signs and revolving illuminated signs shall be considered as a special exception permitted in M Districts, provided that such signs shall not create any traffic hazard or abut or face any residential property or any residential zone lot. Stationary illuminated signs are permitted in C or M Districts only.

(4) No flashing signs shall be permitted in any district within the municipality.

C. General regulations. The following regulations shall apply to all permitted signs:

(1) Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

(2) Wall signs. Display signs placed against the exterior walls of buildings or structures shall not extend more than 15 inches out from the wall surface. Wall signs exceeding 40 square feet in area shall be of noncombustible material.

(3) Projecting signs. Attached signs shall not project from any building more than three feet in the direction of a public street or public walkway area, nor shall any such sign extend over a public street or walkway area. A clear space of not less than 10 feet shall be provided below all parts of projecting signs. Projecting signs exceeding 40 square feet in area shall be made of noncombustible material.

(4) Height of signs. No sign except a freestanding sign shall be higher than the building on which such sign is located, nor shall any sign be located upon the roof of any building. No such freestanding sign shall extend more than 30 feet above the mean ground level where it is located.

(5) Permits (building) for signs. Building permits shall be required for all signs except signs provided for in § 181-26B and other accessory residential signs. For signs in the interest of the public information and convenience, the Zoning Officer, upon approval by the Zoning Hearing Board, may issue a temporary permit for a period to be designated by the said Board. Such temporary signs shall be removed by the property owner at the termination of any permit for the erection itself.

(6) Fees. No fee shall be charged for any permit connected with the erection of a sign necessary to the public welfare.

D. Special regulations for the King Edward Project area.

[Added 8-1-2011 by Ord. No. 2011-2]

(1) The King Edward Project area is defined as that area in the Municipality of Kingston along Main Street from the intersection of the westerly sideline of South Maple Avenue with the northerly side of Main Street and thence in a westerly direction along the north side of Main Street to the boundary of the Municipality of Kingston with the Borough of Edwardsville.

(2) The properties subject to this special regulation shall front on Main Street within the aforementioned area.

(3) Blade signs (projecting signs) shall be permitted within the aforementioned area subject to the following conditions:

(a) The blade sign shall be two-sided.

(b) The blade sign shall be mounted perpendicular to the storefront.

(c) No sign shall extend above the parapet wall of the storefront building.

(d) A blade sign shall provide a minimum clearance of four inches between storefront and sign face.

(e) A blade sign shall project a maximum of 48 inches from the storefront and shall have a maximum width of 44 inches.

(f) A minimum clearance of 12 feet shall be provided between the baseline of any sign and the sidewalk. A minimum of clearance of 16 feet shall be provided between the baseline of any sign and a roadway or parking area.

(g) Blade signs must be oriented toward pedestrians passing on the sidewalks of the building rather then oriented toward automobiles or pedestrians on the other side of the street.

(h) Mounting hardware for blade signs shall be attractive and an integral part of the sign design. Metal brackets with decorative and complex shapes are encouraged where appropriate to add to the character of the building.

(i) Blade signs must never cover architectural details and must be integrated with architectural facade elements of the building.

(j) Blade signs must have two finished sides that are consistent on both sides.

(k) Blades signs may use attractive, external lighting fixtures and/or components or may be nonilluminated.

(l) If the blade sign is illuminated, the light source of externally illuminated signs may not create glare.

(4) To the extent that the regulations set forth in this subsection are inconsistent with other section or subsections of this Ordinance, this subsection shall be controlling and take precedence.

§ 181-29 Temporary tract office.

A temporary tract office in any district shall be located on the property to which it is appurtenant and shall be limited to a six-month period, at the expiration of which time the applicant may request a further extension of time. Otherwise, the tract office shall be removed at the expense of the owner.

§ 181-30 Mobile home parks.

Mobile homes shall be permitted only in mobile home parks which meet the requirements of this section.

A. No mobile park shall have an area of less than five acres.

B. Each mobile home site or space within the park shall have an area of 6,000 square feet, provided, further, that the minimum width of each site shall not be less than 60 feet.

C. No mobile home shall be located within 10 feet of its respective site lines, provided, further, that there shall be no less than a twenty-five-foot clear acre between mobile homes and any building within the park.

D. No mobile home shall be located closer to any property line of the park or any abutting public street than 30 feet.

E. Not less than 20% of the grass area of the park shall be improved for recreational use of the residents of the park.

F. All homes shall be secured to a permanent foundation, and all service and accessory buildings shall meet the requirements of this chapter and all other applicable codes and ordinances.

G. The park shall meet all applicable requirements of the municipality's Land Subdivision Regulations.[1]

[1] Editor's Note: See Ch. 58, Subdivision of Land.