A. 
Designation. For the purposes of this chapter, Kidder Township is hereby divided into the following Zoning Districts:
R-1 Residential Low Density
R-2 Residential Medium Density
R-3 Residential High Density
R/RC Recreation/Resort Commercial
VC Village Commercial
C Commercial
BD/LI Business Development/Light Industrial
OS Open Space
B. 
Intent. The intent of each district and the uses permitted in each district are set forth on the District Use Schedules contained in § 180-17 or in the specific sections establishing any overlay district. Bulk and density standards for each District are set forth on the Schedule of Development Standards contained in § 180-19.
C. 
Floodplain Overlay District. The Floodplain Overlay District is hereby created to be coterminous with the areas which are subject to the one-hundred-year flood, as identified in the most current Flood Insurance Study and the accompanying FIRM - Flood Insurance Rate Map issued by the Federal Emergency Management Agency. In addition to all other applicable standards of this chapter, the Township floodplain regulations shall apply in the Floodplain Overlay District.
D. 
Conservation Subdivision Design Overlay District: developer's option. The optional Conservation Subdivision Design Overlay District is hereby created to promote the conservation of open lands in the Township. Based on the request of the developer, the district shall apply to all areas of the Township in districts where residential development is permitted, and in addition to all the applicable standards of this chapter, the requirements of Article VII, Part 1, shall apply.
A. 
Adoption. The location and boundaries of said districts are hereby established as shown on the Official Zoning Map of Kidder Township, which is hereby adopted by reference and declared to be a part of this chapter together with all amendments thereto.
B. 
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified by the Municipalities Planning Code.
C. 
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or drafting errors or omissions require correction, the Township Supervisors may, by resolution, adopt a new copy of the Official Zoning Map which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.
A. 
Establishment. District boundary lines are intended to follow or be parallel to the center line of streets, streams and railroads, and lot or property lines as they exist on a recorded deed or plan of record in the Carbon County Recorder of Deed's Office and on the Carbon County Tax Maps at the time of the enactment of this chapter, unless such district boundary lines are fixed by dimensions or otherwise as shown on the Official Zoning Map.
B. 
Interpretation. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
C. 
Uncertainty. In the event of uncertainty as to the true location of a district boundary line in a particular instance, the Zoning Officer is authorized to determine the correct district boundary in accord with the guidelines of this chapter. Any decision of the Zoning Officer may be appealed to the Zoning Hearing Board.
District regulations are of two types, use regulations and development standards, which shall apply to any proposed new use, expansion of an existing use or change of use of any land or structure.
A. 
Use regulations. District use regulations are provided in the following Schedule of Uses in § 180-17.
(1) 
Limitations.
(a) 
No land and no structure in a particular zoning district shall be used for any use which is not specifically listed on the Schedule of Uses for that particular district, and only in accord with all other requirements of this chapter. In other words, any use not allowed as a principal permitted use, accessory use, conditional use or special exception, or allowed by the Zoning Hearing Board in accord with § 180-16B within a particular zoning district, shall be deemed to be prohibited within that zoning district.
(b) 
If a use which could be included in a more general use is listed as a separate use in any District Schedule of Uses, such use shall be permitted only in the district where it is specifically listed.
(c) 
Larger lot sizes, greater setbacks, buffers and other more restrictive standards may be required by other provisions of this chapter.
(2) 
Principal permitted uses and accessory uses. Permits for principal permitted uses and accessory uses shall be issued by the Zoning Officer provided such uses comply with the standards in this chapter.
(3) 
Conditional uses and special exceptions. Conditional uses and special exceptions are permitted uses which require individual consideration because of their special characteristics and are referred to the Planning Commission for review and preparation of a recommendation to the Board of Supervisors and Zoning Hearing Board, respectively. Following a public hearing, and based on its determination that the proposed use meets the standards of this chapter, the Board of Supervisors for conditional uses and the Zoning Hearing Board for special exceptions shall approve the issuance of a zoning permit by the Zoning Officer.
B. 
Uses not specified in Schedule of Uses. This § 180-16B addresses, by special exception, a proposed use which is neither specifically permitted nor specifically denied in any zoning district established under this chapter.
(1) 
Jurisdiction. Whenever an application is made to the Zoning Officer for such a use, the application shall be submitted to the Zoning Hearing Board which shall have the authority to permit the use or deny the use as a special exception.
(2) 
Findings. The use may be permitted only if the Zoning Hearing Board makes all of the following findings; and, the burden of proof shall be upon the applicant:
(a) 
The use is similar to and compatible with the uses listed for the subject zoning district by the Schedule of Use Regulations.
(b) 
The use in no way conflicts with the intent of the zoning district and the general purpose and intent of this chapter.
(c) 
The use is not permitted in any other zoning district in the Planning Area.
(d) 
The use where proposed would be consistent with the Township Comprehensive Plan.
(3) 
Planning Commission review. At the time the application is submitted to the Zoning Hearing Board, the Zoning Officer shall also provide a copy to the Township Planning Commission and the Regional Planning Committee for review and recommendation. The Zoning Hearing Board shall not conduct a public hearing on the application until 30 days have passed from the time the application was referred to the Township Planning Commission and the Regional Planning Committee.
(4) 
Conditions. The Zoning Hearing Board may attach reasonable conditions and safeguards to any special exception approval granted for a use not specified in the Schedule of Uses, incorporating standards in this chapter for similar uses in the district and such other conditions as the Zoning Hearing Board may deem necessary to protect and promote the public health, safety, morals and welfare and to implement the purposes of this chapter and the Pennsylvania Municipalities Planning Code.
A. 
Accessory uses in all districts (Zoning Officer). The following accessory uses shall be permitted in all districts only in compliance with all applicable requirements of this chapter:
Accessory uses customary to approved uses
Agritourism
Animal husbandry, home use
Barns, silos, sheds, and similar agricultural buildings
Bus shelters
Common facilities
Day-care, family home
Decks
Essential services
Farm stands
Garages, private
Gazebos
Greenhouses, private
Guard houses
Home gardens and home nurseries
No-impact home-based businesses
Parking areas accessory to approved uses
Patios
Pets, keeping of
Porches
Private garages, carports, sheds
Retail sales of agricultural/forestry products produced and/or processed on the premises
Retail sales up to 5,000 square feet of agricultural/forestry related products with an active agriculture/forestry use
Satellite dish antennae or satellite antennas
Signs accessory to approved uses
Solar collectors
Stables, private in association with a single-family detached dwelling
Swimming pools
Yard, lawn, garage, tag or estate sales
B. 
R-1 Residential Low Density District. To accommodate continued low density residential development where such development is occurring in a setting that will continue to contain some rural characteristics such as woodland and open space.
(1) 
Principal permitted uses (Zoning Officer).
Camps/retreats
Conservation subdivision design
Crop production
Development sales offices
Forestry
Group homes
Hunting/fishing clubs or camps
Model homes
Public parks and playgrounds
Single-family detached dwellings
Township buildings and uses
Two-family dwellings
(2) 
Special exceptions (Planning Commission/Zoning Hearing Board).
Country clubs
Day-care centers
Emergency services stations
Golf courses
Greenbox transfer stations/recycling facilities
Home occupations (See § 180-23 for accessory use home occupations)
Pipeline compressor stations, metering stations or operation/maintenance facilities
Pipelines, transmission and hazardous liquid
Public and semipublic buildings and uses
Temporary structures and buildings including trailers
(3) 
Conditional uses (Planning Commission/Board of Supervisors).
Wind energy conversion systems, accessory
(4) 
Prohibited uses. Uses not specifically listed by this § 180-17B shall not be permitted in the R-1 District except as approved in accord with § 180-16B.
C. 
R-2 Residential Medium Density District. To accommodate a number of higher density residential uses including single-family detached dwellings, two-family dwellings, townhouses and mobile homes.
(1) 
Principal permitted uses (Zoning Officer).
Conservation subdivision design
Crop production
Development sales offices
Forestry
Group homes
Hunting/fishing clubs or camps
Model homes
Public parks and playgrounds
Single-family detached dwellings
Township buildings and uses
Two-family dwellings
(2) 
Special exceptions (Planning Commission/Zoning Hearing Board).
Assisted living facilities
Bed-and-breakfast inns
Boarding houses
Clubs and lodges, private
Country clubs
Cultural centers
Day-care centers
Emergency services stations
Golf courses
Greenbox transfer stations/recycling facilities
Home occupations (See § 180-23 for accessory use home occupations)
Personal care homes
Pipeline compressor stations, metering stations or operation/maintenance facilities
Pipelines, transmission and hazardous liquid
Places of worship
Public and semipublic buildings and uses
Religious quarters
Temporary structures and buildings including trailers
(3) 
Conditional uses (Planning Commission/Board of Supervisors).
Wind energy conversion systems, accessory
(4) 
Prohibited uses. Uses not specifically listed by this § 180-17C shall not be permitted in the R-2 District except as approved in accord with § 180-16B.
D. 
R-3 Residential High Density District. To accommodate the highest density residential uses of all dwelling types including single-family detached dwellings, two-family dwellings, townhouses, apartments and mobile homes.
(1) 
Principal permitted uses (Zoning Officer).
Conservation subdivision design
Crop production
Development sales offices
Forestry
Group homes
Hunting/fishing clubs or camps
Multifamily dwellings
Model homes
Public parks and playgrounds
Single-family detached dwellings
Township buildings and uses
Two-family dwellings
(2) 
Special exceptions (Planning Commission/Zoning Hearing Board).
Assisted living facilities
Bed-and-breakfast inns
Boarding houses
Clubs and lodges, private
Country clubs
Cultural centers
Day-care centers
Emergency services stations
Fraternity or sorority houses
Golf courses
Greenbox transfer stations/recycling facilities
Group homes, institutional
Home occupations (See § 180-23 for accessory use home occupations)
Personal care homes
Pipeline compressor stations, metering stations or operation/maintenance facilities
Pipelines, transmission and hazardous liquid
Places of worship
Public and semipublic buildings and uses
Religious quarters
Schools, public or private, primary or secondary
Temporary structures and buildings including trailers
(3) 
Conditional uses (Planning Commission/Board of Supervisors).
Mobile home parks
Wind energy conversion systems, accessory
(4) 
Prohibited uses. Uses not specifically listed by this § 180-17D shall not be permitted in the R-3 District except as approved in accord with § 180-16B.
E. 
R/RC Recreation/Resort Commercial District. To provide for private recreation and lodging areas such as ski resorts and golf courses, as well as permanent and/or resort-oriented commercial and residential uses. Due to access to central sewer and water, these areas are appropriate locations for higher density development.
(1) 
Principal permitted uses (Zoning Officer).
After hours clubs
Amusement arcades
Art studios
Bed-and-breakfast inns
Boarding houses
Brew pubs
Camps/retreats
Charging stations
Clubs and lodges, private
Country clubs
Conference centers
Conservation subdivision design
Crop production
Cultural centers
Day-care centers
Development sales offices
Forestry
Gaming establishments
Golf courses
Greenbox transfer stations/recycling facilities
Group homes
Hotels
Hunting/fishing clubs or camps
Micro-breweries
Model homes
Motels
Multifamily dwellings
Outdoor entertainment
Public parks and playgrounds
Public and semipublic buildings and uses
Recreational facilities, indoor and outdoor commercial
Resorts
Restaurants
Restaurants, outdoor
Restaurants, take-out
Retail businesses up to 10% of building area
Service establishments up to 10% of building area
Single-family detached dwellings
Theaters, indoor
Theaters, drive-in
Township buildings and uses
Two-family dwellings
(2) 
Special exceptions (Planning Commission/Zoning Hearing Board).
Amusement parks
Home occupations (See § 180-23 for accessory use home occupations)
Pipeline compressor stations, metering stations or operation/maintenance facilities
Pipelines, transmission and hazardous liquid
Temporary structures and buildings including trailers
(3) 
Conditional uses (Planning Commission/Board of Supervisors).
Archery ranges, outdoor commercial
Campgrounds and recreational vehicle parks
Menageries
Mineral extraction excluding oil and gas wells
Self-storage facilities
Shooting ranges, outdoor commercial
Stables, commercial
Race tracks
Wind energy conversion systems, accessory
Zoos
(4) 
Prohibited uses. Uses not specifically listed by this § 180-17E shall not be permitted in the RC District except as approved in accord with § 180-16B.
F. 
VC Village Commercial District. To provide for smaller-scale commercial uses to serve the needs of surrounding residents and which will be compatible with adjoining residential neighborhoods with the uses to be environmentally friendly using landscaping and buffering to minimize effects on adjacent and intermixed residential development. Mixed use is encouraged to provide for live/work developments.
(1) 
Principal permitted uses (Zoning Officer).
Art studios
Banks
Brew pubs
Charging stations
Clubs and lodges, private
Convenience stores
Crop production
Cultural centers
Day-care centers
Dwellings in combination with commercial establishments
Flea markets, outdoor
Forestry
Funeral homes
Golf courses
Group homes
Hunting/fishing clubs or camps
Hotels
Massage facility, therapeutic
Medical clinics
Meeting, assembly or banquet halls
Micro-breweries
Motels
Multifamily dwellings
Nightclubs
Outdoor entertainment
Professional offices
Public and semipublic buildings and uses
Public parks and playgrounds
Recreational facilities, indoor commercial
Restaurants
Restaurants, outdoor
Restaurants, take-out
Retail businesses
Service establishments
Single-family detached dwellings
Theaters, indoor
Township buildings and uses
Two-family dwellings
Veterinary clinics
(2) 
Special exceptions (Planning Commission/Zoning Hearing Board).
Home occupations (See § 180-23 for accessory use home occupations)
Pipeline compressor stations, metering stations or operation/maintenance facilities
Pipelines, transmission and hazardous liquid
Recreational facilities, outdoor commercial
Temporary structures and buildings including trailers
(3) 
Conditional uses (Planning Commission/Board of Supervisors).
Outdoor entertainment
Restaurants, outdoor
Wind energy conversion systems, accessory
(4) 
Prohibited uses. Uses not specifically listed by this § 180-17F shall not be permitted in the VC District except as approved in accord with §§ 180-16B.
G. 
C Commercial District. To provide for appropriate commercial development in locations where a cluster of commercial uses exist including most kinds of retail sales and businesses and highway-oriented businesses like those found along PA Route 903 near Albrightsville, PA Route 940, and Route 534 with such uses to be environmentally friendly using proper landscaping and buffering to minimize effects on adjacent residential development.
(1) 
Principal permitted uses (Zoning Officer).
[Amended 11-16-2017 by Ord. No. 181; 6-21-2018 by Ord. No. 184]
After hours clubs
Art studios
Assisted living facilities
Auction houses
Banks
Bed-and-breakfast inns
Boarding houses
Brew pubs
Business offices
Business services
Camp/retreat
Car washes
Charging stations
Clubs and lodges, private
Colleges
Conference centers
Convenience stores
Crop production
Cultural centers
Day-care centers
Development sales offices
Distribution center/truck terminal
Domestic violence shelters
Dormitories
Dwellings in combination with commercial establishments
Emergency services stations
Farmers markets
Forestry
Funeral homes
Gaming establishments
Garages, public parking
Golf courses
Group homes
Group homes, institutional
Hospitals
Hotels
Hunting/fishing clubs or camps
Lumberyards
Massage facility, therapeutic
Medical clinics
Medical marijuana dispensaries
Medical marijuana research organizations
Meeting, assembly or banquet halls
Micro-breweries
Model homes
Motels
Nightclubs
Office buildings
Outdoor entertainment
Professional offices
Public and semipublic buildings and uses
Public parks and playgrounds
Recreational facilities, indoor commercial
Resorts
Restaurants
Restaurants, outdoor
Restaurants, take-out
Retail businesses
Sample home display
Self-storage facilities
Service establishments
Single-family detached dwellings
Theaters, indoor
Theaters, drive-in
Township buildings and uses
Trade schools
Travel plazas
Truck washes
Vehicle or equipment rental, repair or sales operation
Veterinary clinics
Warehouses
Wholesale businesses
(2) 
Special exceptions (Planning Commission/Zoning Hearing Board).
Animal shelters
Flea markets, outdoor
Greenbox transfer stations/recycling facilities
Home occupations (See § 180-23 for accessory use home occupations)
Kennels
Pipeline compressor stations, metering stations or operation/maintenance facilities
Pipelines, transmission and hazardous liquid
Shopping centers and malls
Temporary structures and buildings including trailers
Veterinary clinics, outdoor facilities
(3) 
Conditional uses (Planning Commission/Board of Supervisors).
Composting facilities
Contractor yards
Drive-in stands/uses for uses otherwise permitted in C District
Recreational facilities, outdoor commercial
Park and ride facilities
Retail/commercial development, large-scale
Shopping centers and malls
Solar power generation, commercial
Staging areas for equipment/materials
Wind energy conversion systems, accessory
(4) 
Prohibited uses. Uses not specifically listed by this § 180-17G shall not be permitted in the C District except as approved in accord with § 180-16B.
H. 
BD/LI Business Development/Light Industrial District. To provide areas for a variety of corporate, professional and industrial uses with easy access to PA Route 940, proximity to I-80 and the PA Turnpike, and availability of required utilities.
(1) 
Principal permitted uses (Zoning Officer).
Business offices
Business services
Colleges
Crop production
Day-care centers
Distribution centers/truck terminals
Dormitories
Forestry
Hospitals
Hunting/fishing clubs or camps
Manufacturing, light
Office buildings
Park and ride facilities
Medical marijuana dispensaries
Medical marijuana growers/processors
Medical marijuana research organizations
Professional offices
Public and semipublic buildings and uses
Public parks and playgrounds
Recycling facilities
Retail home heating fuel distributors
Township buildings and uses
Trade schools
Warehouses
Wholesale businesses
(2) 
Special exceptions (Planning Commission/Zoning Hearing Board).
Adult businesses
Home occupations (See § 180-23 for accessory use home occupations)
Pipeline compressor stations, metering stations or operation/maintenance facilities
Pipelines, transmission and hazardous liquid
Slaughterhouses
Solid waste facilities
Temporary structures and buildings including trailers
Wind energy facilities
(3) 
Conditional uses (Planning Commission/Board of Supervisors).
Agricultural products processing
Billboards and off-premises advertising signs
Bulk fuel storage facilities
Bus stations
Bus, limousine or taxi terminals
Contractor yards
Correctional facilities
Crematoriums
Helistops
Industrial wastewater treatment facilities
Industry
Junkyards
Mineral extraction including oil and gas wells
Mineral processing
Power plants
Resource recovery facilities
Solar power generation, commercial
Staging areas for equipment/materials
Storage yards for forest products and minerals
Wind energy conversion systems, accessory
(4) 
Prohibited uses. Uses not specifically listed by this § 180-17H shall not be permitted in the BD/LI District except as approved in accord with § 180-16B.
I. 
OS Open Space District. To protect public lands and accommodate limited, very low density residential development, agricultural uses, rural resources, open space and recreation on private lands while addressing development concerns on steep slopes, wetlands and floodplain.
(1) 
Principal permitted uses (Zoning Officer).
Animal husbandry, commercial
Camps/retreats
Cemeteries
Conservation design development
Crop production
Federal recreation lands and associated facilities
Greenhouses, wholesale
Hunting/fishing clubs or camps
Nurseries, wholesale
Public parks and playgrounds
Shooting preserves
Single-family detached dwellings
State game lands and associated facilities
State parks and associated facilities
Township buildings and uses
Wineries, farm
(2) 
Special exceptions (Planning Commission/Zoning Hearing Board).
Home occupations (See § 180-23 for accessory use home occupations)
Pipeline compressor stations, metering stations or operation/maintenance facilities
Pipelines, transmission and hazardous liquid
Temporary structures and buildings including trailers
Wind energy facilities
(3) 
Conditional uses (Planning Commission/Board of Supervisors).
Airports
Archery ranges, outdoor commercial
Campgrounds and recreational vehicle parks
Commercial communications device sites
Concentrated animal feeding operations
Heliports, commercial
Mineral extraction including oil and gas wells
Shooting ranges, outdoor commercial
Water withdrawal facilities
Wind energy conversion systems, accessory
(4) 
Prohibited uses. Uses not specifically listed by this § 180-17I shall not be permitted in the BD/LI District except as approved in accord with §§ 180-16B.
The Schedule of Development Standards which follows[1] establishes minimum standards for lot area; lot depth, average lot width and front, side and rear setbacks; and establishes maximum standards for building height and lot coverage. The standards also establish specific standards and criteria that apply to the use as may be appropriate to protect the public health, safety and welfare. Larger lot sizes, increased setbacks and other more restrictive standards may be required in accord with other chapter sections.
[1]
Editor's Note: The Schedule of Development Standards is included as an attachment to this chapter.