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

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).

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.

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

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:

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.

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:

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.

Prohibited acts; construal of provisions.

Signage; severability.

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.

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

Permit application; issuance; fee.

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.

Location restrictions.

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.

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

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.

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

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

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.

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.

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

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

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

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

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.

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

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:

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:

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.

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

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.

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

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.

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

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.

Minimum lot area, coverage and yard requirements.

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

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.

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

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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

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

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

Minimum lot area per dwelling unit.

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

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

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.

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:

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).

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

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:

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.

Size and access.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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

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.

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.

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

(Reserved)[1]

Custom dressmaking.

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

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

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

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.

Nameplates and identification signs.

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:

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:

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.

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:

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:

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:

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

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

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.

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

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

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.