Kingston Borough Council unanimously approves zoning amendments

Kingston Borough Council unanimously voted Tuesday to amend zoning regulations that the U.S. Department of Justice had deemed unjust and a negative impact on the borough’s Orthodox Jewish Chabad community.

The DOJ filed a civil suit against the borough Feb. 4, alleging the municipality violated the Religious Land Use and Institutionalized Persons Act by enacting and enforcing a 2023 zoning ordinance that treated religious land uses worse than comparable secular uses and unreasonably limited religious land use.

Both sides quickly reached a consent order to resolve the matter, resulting in Tuesday’s council action.

The suit said Kingston’s zoning ordinance required places of worship to obtain discretionary special exception use permits, while comparable nonreligious assembly uses were permitted as a right. The 2023 ordinance also restricted places of worship to parcels of at least one acre, while no acreage restriction was placed on comparable nonreligious assembly uses, the DOJ said.

As a result of these restrictions, the borough’s Orthodox Jewish Chabad community has struggled to find sufficient suitable places for prayer, religious study, religious schools, and mikvahs (ritual baths), the DOJ said.

The revisions approved Tuesday will revise the zoning ordinance to allow places of worship, religious schools, and dormitories associated with such uses in commercial districts and as a special exception in residential districts, officials said.

It also eliminates the minimum one-acre requirement for places of worship and religious schools.

Rabbi Yehudah Leib Aronson, of Kingston, said he considered the elimination of the one-acre minimum as the greatest victory and most important change because the restriction would have effectively eliminated most attainable sites.

Rabbi Aronson, who has been heavily involved in seeking corrective action, argued during public comment that further zoning revisions are still warranted to make procedures nondiscriminatory.

For example, he said religious schools and synagogues are not permitted in M1 zones even though the borough allows numerous other entities in such zones, including assembly places, martial arts studios, automotive sales, convenience stores and entertainment facilities.

The zoning also allows a house of worship or religious school in a residential zone, with a special exception required, but not a combination of those two, he said. That creates a “unique burden on the Jewish community” because Orthodox synagogues serve as both places of prayer and study, he said.

Requirements for dormitories are also more restrictive than those for group homes, he said.

Thirteen residents spoke during a public hearing before the voting meeting, with some raising concerns about impacts on their neighborhoods, such as parking and traffic.

Council went into closed-door executive session and emerged ready to vote.

Council President Kate McMahon said the amendments went through multiple revisions to ensure they met DOJ requirements.

Councilman Paul Keating noted council also accepted and considered public input in several meetings and must comply with the federal requirements. In reference to the issue of group homes and dormitories, Keating said they are “completely different things” by definition.

A borough attorney also emphasized the DOJ did not charge the borough with intentional discrimination.

Luzerne County Councilwoman Joanna Bryn Smith spoke during Tuesday’s public hearing, saying she was disheartened an ordinance had been passed that required DOJ intervention. She also maintained there are still some “questionable” provisions in the version up for council approval Tuesday, providing some examples.

“Multiple cultures existing and thriving in our community make our community a more vibrant and wonderful place to live,” Bryn Smith said. “Our diversity makes us stronger.”

Bryn Smith said before the meeting that she believes the county’s new anti-discrimination ordinance, which she introduced, could have helped resolve the zoning problem and assisted the Jewish community faster without the need for the DOJ to get involved. As it stands, the county ordinance is set to take effect around Sept. 8.