Kingston City Zoning Code
ARTICLE III
Establishment of Districts
§ 181-9 Districts established.
In accordance with the municipality's Master Plan, and with consideration of the character of the municipality and its various parts, and the suitability of the various parts for particular uses and structures, the Borough of Kingston is hereby divided into zoning districts, differentiated according to permitted uses and building regulations, as follows:
Residential R-1 |
Residential R-2 |
Residential R-3 |
Neighborhood Commercial C-1 |
Community Commercial C-2 |
General Commercial C-3 |
Manufacturing M-1 |
Floodplain FP-1 |
§ 181-10 Establishment of Zoning Map.
The location and boundaries of said zones are hereby established as shown on the official Zoning Map of the Municipality of Kingston, dated 7-11-1977, on file in the office of the Secretary of the municipality. Said official Zoning Map, together with any map inserts, is hereby made a part of this chapter as if the same were all fully described and set forth herein.
§ 181-11 Zone boundaries.
A.
Designation of zone boundaries. The zone boundary lines are intended to follow the right-of-way lines of streets and roads, existing lot and property lines, the mean and/or flood level of water bodies and Municipal Boundary lines, all as shown on the Zoning Map; but where a zone boundary line does not follow such a line, its position is shown on the Zoning Map by a specific dimension expressing its distance from a street or road line, or other boundary line as indicated, or by a reference to a contour line delineated on the United States Geological Survey Maps.
B.
Determination of locations of boundaries. In the event of uncertainty as to the true location of a zone boundary line in a particular instance, any decision of the Zoning Officer may be appealed before the Zoning Hearing Board by any affected property owner. It shall be the duty of the Zoning Hearing Board to render its determination with respect thereto.
C.
Division of lot or parcel in single ownership. Where a zone boundary line divides a lot or parcel in single ownership at the time of the passage of this chapter, any use authorized or permitted in either zone may be extended a distance not to exceed 50 feet beyond the boundary of the zone in which such use is authorized or permitted.
§ 181-12 Degree of restrictiveness.
The phrase "more restrictive uses," as employed in this chapter, shall mean the following:
A.
Those uses permitted in a FP-1 Zone are the most restrictive.
B.
All other uses are less restrictive in the order they are permitted in the zones in the sequence shown: R-1, R-2, R-3, C-1, C-2, C-3, M-1.
C.
Where a use is specifically enumerated in a less restrictive zone, such use shall not be permitted in a more restrictive zone unless it is specifically enumerated as a permitted use therein.
§ 181-13 Uses other than permitted uses prohibited.
Except as provided in this chapter, no building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, buildings, structures or premises be used, designed or intended to be used for any purpose other than the uses hereinafter listed as permitted in the zone in which such building or premises are located.
§ 181-14 Disposition of annexed lands.
In the event of annexation or attachment of the municipality's territory to an adjacent or contiguous municipality for municipal purposes, the following shall apply: If the annexing municipality has a zoning ordinance in effect which includes provisions of due process for rezoning territory that may be annexed to that municipality, the provisions of the zoning ordinance of the annexing municipality shall prevail. Notwithstanding the above provision, the procedure to afford and effect proper protection for zoning purposes may be as mutually agreed by arbitration or adjudication by and between both municipalities, or as a condition of annexation.