Borough of Kutztown, PA Definitions

A subordinate building or structure, the use of which is customarily incidental to and located on the same lot occupied by the principal building. No accessory building or structure, or part thereof, shall be used for living quarters.

BED-AND-BREAKFAST FACILITY

A use customarily incidental and subordinate to and located on the same lot occupied by the principal use to which it relates.

ACCESSORY DWELLING UNIT

A portion of a dwelling utilized as a separate living arrangement located within a one-family dwelling for a relative who requires assistance with activities of daily living (ADL), provided that the area utilized for the separate living arrangement is subordinate in size to the principal dwelling unit, and that the appearance of the structure as a one-family dwelling is maintained.

[Added 7-20-2006 by Ord. No. 14-2006]

THE ACT

The Pennsylvania "Medical Marijuana Act" (PA Act 16, 2016).[2]

[Added 10-16-2018 by Ord. No. 5-2018]

ADVERTISING SIGN

See "sign, advertising."

AGRICULTURAL OPERATION

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities; the term includes an enterprise that implements changes in production practices and procedures of types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

[Amended 7-20-2006 by Ord. No. 14-2006]

AGRICULTURE

The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry and animal husbandry.

ALTERATION

Any change or rearrangement in the structural parts or in the existing facilities of a building or structure or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building or structure from one location or position to another.

APARTMENT HOUSE

See "dwelling, multifamily."

APPLICANT

A landowner or developer who has filed an application for any of the following: permit, development, variance, special exception or any other relief provided for by this chapter; the term includes the heirs, successors and/or assignees of the landowner or developer.

[Amended 7-20-2006 by Ord. No. 14-2006]

ATTACHED BUILDING

See "building, attached."

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing.

AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945, as amended and supplemented, and known as the "Municipality Authorities Act of 1945."[3]

BASEMENT

A story partly below the finished grade having less than 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the finished grade which abuts the exterior walls of the building. A "basement" shall be considered as one story in determining the permissible number of stories.

BASE STATION

Any structure or equipment at a fixed location that enables FCC-licensed or authorized communications between user equipment and a communications network. Includes structures other than towers that support or house an antenna, transceiver, or other associated equipment that constitutes part of a "base station" at the time the relevant application is filed with the state or municipal authorities, even if the structure was not built for the sole or primary purpose of providing such support, but does not include structures that do not at the time support or house base station components. The term includes buildings, light poles, utility poles, water towers, etc., as well as DAS systems and small cells.

[Added 10-17-2017 by Ord. No. 3-2017]

A detached building containing overnight sleeping accommodations and bathroom facilities for not more than 15 transient guests at any one time in not more than five rooms and wherein breakfast only is provided for said guests; and wherein guests are not permitted to stay more than 21 consecutive days. For purposes of Chapter 225, in the event that the bed-and-breakfast facility is landowner-occupied, it shall also be considered a boardinghouse and, in such event, the bed-and-breakfast facility shall only be a permitted use in those zoning districts in which a boardinghouse is a permitted use; and in the event that the bed-and-breakfast facility is not landowner-occupied, then said facility shall also be considered a rooming house and, in such event, the bed-and-breakfast facility shall only be a permitted use in those zoning districts in which a rooming house is a permitted use. Moreover, all supplementary regulations in Chapter 225 pertaining to boardinghouses shall also apply to a bed-and-breakfast facility that is landowner-occupied, and all supplementary regulations of Chapter 225 pertaining to a rooming house shall also apply to a bed-and-breakfast facility that is not landowner-occupied.

[Added 3-26-1996 by Ord. No. 3-1996]

BILLBOARD

See "sign."

BLOCK

A tract of land or a lot or group of lots bounded on all sides by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Borough or by any combination thereof.

BLOCK OR LOT FRONTAGE

That portion of a block or lot which abuts on a single street.

BOARDINGHOUSE

An owner-occupied dwelling in which the owner lets or provides rooms for compensation for boarders and where the total number of persons residing in the dwelling exceeds three persons.

[Amended 3-26-1996 by Ord. No. 3-1996; 7-20-2006 by Ord. No. 14-2006]

BOARD or ZONING HEARING BOARD

The Zoning Hearing Board of the Borough of Kutztown.

BOROUGH

The Borough of Kutztown, Berks County, Pennsylvania.

BOROUGH ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Borough.

BUILDING

Any combination of materials forming any structure which is erected on the ground and permanently affixed thereto and designed, intended or arranged for the housing, sheltering, enclosure or structural support of persons, animals or property of any kind. The building area shall be the total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions and all roofed porches or terraces.

BUILDING, ATTACHED

A building which has two side walls or portions thereof in common with adjacent buildings.

BUILDING, DETACHED

A building surrounded by open space on all four sides within the same lot.

BUILDING HEIGHT

The average of the vertical distances from the average grade at the front of the building and the average grade at the rear of the building to the highest point of the roof of a flat roof and to the mean height between eaves and ridge for gabled, hipped and pitched roofs.

BUILDING LINE or BUILDING SETBACK LINE

The line within a property establishing the minimum required distance between any building or structure or portions thereof to be erected or altered and an adjacent right-of-way. Such line shall be measured at right angles from the front street right-of-way line which abuts the lot upon which said building or structure is located or to be located and shall be parallel to said right-of-way line.

BUILDING, SEMIDETACHED

A building which has one adjacent wall or portion thereof in common with an adjacent building situated on an adjacent lot. In no event shall any end unit of a group of townhouses be deemed to be a semidetached building.

BULK

A term used to describe the size, volume, area or shape of buildings or other structures and their physical relationship to each other, open space, tracts of land, lot lines or other buildings or structures.

BYOB CLUB

Any facility operated for profit or pecuniary gain which is not licensed by the Pennsylvania Liquor Control Board wherein patrons may consume alcoholic liquors, alcohol or malt or brewed beverages which said patrons have carried or brought into the premises. The term shall not include a licensee under the Liquor Code. The permissibility of a use of land involving to any extent a BYOB club shall be determined according to the principal intended use.

[Added 10-16-2012 by Ord. No. 4-2012]

CAREGIVER

The individual designated by a patient to deliver medical marijuana pursuant to the provisions of the Act.[4]

[Added 10-16-2018 by Ord. No. 5-2018]

CARPORT

A roofed-over structure open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.

CELLAR

An area partly below the finished grade having more than 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the finished grade which abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.

CENTER FOR LOCAL GOVERNMENT SERVICE

The Governor’s Center for Local Government Services located within the Commonwealth of Pennsylvania Department of Community and Economic Development.

[Added 7-20-2006 by Ord. No. 14-2006]

CERTIFICATE OF USE AND OCCUPANCY

A statement, based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign and/or lot complies with this Zoning Chapter and/or that a building, structure, sign and/or lot may be lawfully employed for specific uses, or both, as set forth therein.[5]

CERTIFIED MEDICAL USE

The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth pursuant to the Act.[6]

[Added 10-16-2018 by Ord. No. 5-2018]

CLINICAL REGISTRANT

An entity that:

[Added 10-16-2018 by Ord. No. 5-2018]

Holds a permit both as a grower/processor and a dispensary pursuant to the Act; and

COUNTY COMPREHENSIVE PLAN

Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.

COLLOCATION

The mounting of one or more wireless communication facilities, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.

[Added 10-17-2017 by Ord. No. 3-2017]

COMMON OPEN SPACE

A parcel(s) of land, an area of water or a combination of both within a development site designed and intended for use or enjoyment of residents of a development. "Common open space" does not include streets, off-street parking areas, parking lots and areas set aside for public facilities.

[Amended 7-20-2006 by Ord. No. 14-2006]

COMMONWEALTH

The Commonwealth of Pennsylvania.

[Added 10-16-2018 by Ord. No. 5-2018]

CONDOMINIUM

Real estate, portions of which, in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980, as amended,[7] are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a "condominium" unless the undivided interests in the common elements are vested in the unit owners.

CONSISTENCY

An agreement or correspondence between matters being compared which denotes a reasonable, rational, similar connection or relationship.

[Added 7-20-2006 by Ord. No. 14-2006]

CONVALESCENT HOME

An establishment providing nursing, dietary and other similar personal services to convalescents, invalids or aged persons, but excluding cases of surgery and other treatments customarily provided in hospitals, sanitariums and similar institutions.

A land use and growth management plan prepared by the Berks County Planning Commission and adopted by the County of Berks Commissioners which establishes broad goals and criteria for municipalities to use in preparation of their comprehensive plans and land use regulations.

[Added 7-20-2006 by Ord. No. 14-2006]

DAY-CARE FACILITY

[Added 3-26-1996 by Ord. No. 3-1996; amended 7-20-2006 by Ord. No. 14-2006]

CHILD DAY CAREA building or portion thereof used to provide child care and/or instruction for less than 24 hours a day for seven or more children who are not related to the caregiver by blood, marriage, adoption or other degree of legal custody and where tuition, fees or other form of compensation is charged and which is subject to licensing and/or approval by the Commonwealth of Pennsylvania.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

ADULT DAY CAREA building or portion thereof used to provide services to not more than five persons (at any given time) who are 18 years of age or older where fees or other form of compensation is charged. The adult day-care facility should not provide services for chronic, convalescent, medical, or nursing issues beyond care normally provided in a home setting. This service should provide for the normal care and safety of those who require supervision for physical and/or mental disabilities for a period of less than 24 hours a day.

DECISION

Final adjudication of the Zoning Hearing Board or other body granted jurisdiction under this chapter or any other land use ordinance of the Borough, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Berks County.

DETACHED BUILDING

See "building, detached."

DETERMINATION

Final action by an officer, body or agency charged with the administration of this chapter or any other land use ordinance of the Borough or applications thereunder, except the following: the governing body, the Zoning Hearing Board or the Planning Commission, only if and to the extent that the Planning Commission is charged with final decision on preliminary or final plans under Chapter 195, Subdivision and Land Development. Determinations shall be appealable only to the Zoning Hearing Board or such other board designated as having jurisdiction for such appeal.

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT PLAN

The provisions for development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.

DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit issued by the Department of Health ("DOH") of the commonwealth to dispense medical marijuana pursuant to the provisions of the Act.[8]

[Added 10-16-2018 by Ord. No. 5-2018]

DISPENSARY FACILITY

Any building or structure used to dispense medical marijuana and medical devices and instruments needed to administer medical marijuana by a licensed dispensary.

[Added 10-16-2018 by Ord. No. 5-2018]

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 10-17-2017 by Ord. No. 3-2017]

DISTRICT

A portion of the Borough of Kutztown within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.

DIVIDER

[Amended 3-26-1996 by Ord. No. 3-1996; 7-20-2006 by Ord. No. 14-2006]

With respect to an industrial district, a divider shall mean a five-foot wide unpaved area along the perimeter of the lot which has centered in such area either a fence not less than four feet nor more than six feet in height or a hedge not less than six feet in height; or

With respect to a commercial or residential district, a divider shall mean a three-foot wide unpaved area along the perimeter of the lot which has centered in such area either a fence not less than four feet nor more than six feet in height or a hedge not less than four feet in height.

THE DOH

The Pennsylvania Department of Health.

[Added 10-16-2018 by Ord. No. 5-2018]

DORMITORY

A detached building, other than a fraternity, sorority, hotel or motel, occupied by and maintained exclusively for students affiliated with an accredited academic or professional college or university or other recognized institution of higher learning.

DWELLING

A building arranged, intended, designed or used as the living quarters for one or more families living independently of each other within the building. The term "dwelling" shall not be deemed to include hotel, motel, rooming house or tourist home.

[Amended 7-20-2006 by Ord. No. 14-2006]

SEMIDETACHEDA building situated on two adjacent lots which has one adjacent wall or portion thereof in common, arranged, designed and intended for and occupied by two families living independently of each other and having separate cooking and sanitary facilities.

ONE-FAMILYA building arranged, designed or intended for and occupied exclusively by one family and having separate cooking and sanitary facilities for said family.

TWO-FAMILY and/or DUPLEXA building situated on one lot arranged, designed and intended for and occupied by two families living independently of each other and each having separate cooking and sanitary facilities therein.

MULTIFAMILYA building situated on one lot, arranged, designed and intended for occupancy by three or more families living independently of each other and each having separate cooking and sanitary facilities therein, no more than three stories in height.

LOW-RISE APARTMENT HOUSEA building not exceeding three stories in height, containing three or more separate dwelling units. The term "low-rise apartment house" shall not be construed to include row houses or townhouses.

LOW-RISE APARTMENT HOUSE FOR THE ELDERLYA building in which at least one resident in each dwelling unit therein shall be at least 60 years of age.

HIGH-RISE APARTMENT HOUSEA detached building four stories or more in height, containing one or more common entranceways for all dwelling units contained therein. Said building shall have a common hallway for each floor. Each high-rise apartment house must be served between floors by one or more elevators.

DWELLING UNIT

A building or portion thereof providing one or more rooms arranged for the use of one family and having separate cooking and sanitary facilities for the use of only that family.

EMERGENCY

A condition that (1) constitutes a clear and immediate danger to the health, welfare or safety of the public, or (2) has caused or is likely to cause facilities in the right-of-way to be unusable and result in loss of the service provided.

[Added 10-17-2017 by Ord. No. 3-2017]

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities or municipalities or other governmental agencies of underground or overhead gas, electric, sewer or water transmission or distribution systems or collection, communication, supply or disposal systems. Commercial communications antennas, commercial communications towers and commercial communications facilities are not essential services.

[Amended 4-14-1998 by Ord. No. 7-1998]

FAIRGROUNDS

A lot used for periodical gatherings for the exhibition of agricultural, commercial and industrial goods, which may include the sale of goods associated with said exhibition. The forenoted activities may include shows and entertainment.

FAMILY

One or more persons related by blood, marriage, adoption or other decree of legal custody living together as a single housekeeping unit and using cooking facilities and certain rooms in common;

Not more than three persons unrelated, as set forth in Subsection (1) above, living together as a single housekeeping unit and using cooking facilities and certain rooms in common; provided, however, that no related dependent of such unrelated persons shall be counted in determining the number of unrelated persons living together;[9] or

FLOOR AREA or GROSS FLOOR AREA

More than three unrelated handicapped persons living permanently together as a single housekeeping unit and using cooking facilities and certain rooms in common; provided, however, that such persons shall be under the supervision of a nonhandicapped resident of the dwelling and provided, further, that the dwelling is owned and operated by a Pennsylvania nonprofit corporation.

FARM

An area of land primarily used for agriculture.

FCC RULES

Recent Federal Communication Commission Rules effective April 8, 2015, which regulate both traditional telecommunication towers as well as distributed antenna systems and other small cells. Applicable rules reflected in the requirements as set forth in § 225-33.2 of this Kutztown Borough Code relate to FCC Rules 47 U.S.C § 1455(a) [also known as § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012] and 47 U.S.C. § 332(c)(7).

[Added 10-17-2017 by Ord. No. 3-2017]

FENCE

A barrier constructed of wood, metal, chain link or similar materials designed for the purpose of limiting or excluding access to a lot or for the purpose of screening a lot or portion thereof from the exterior of the lot.

The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating buildings.

In particular, the floor area of a building or buildings shall include:

Basement space.

All spaces other than cellar space with structural headroom of seven feet six inches or more.

Interior balconies and mezzanines.

(d)

Enclosed or roofed porches, terraces, breezeways or other roofed spaces.

(e)

Attic spaces (with or without a finished floor), provided that structural headroom of seven feet and six inches or more is available over 50% of such attic space.

(f)

Accessory buildings.

However, floor area shall not include:

Cellar space, except that cellar space used for retailing.

Elevator shafts, stairwells, bulkheads, accessory water tanks or cooling towers.

Unroofed porches, terraces, uncovered steps or other open space.

FORESTRY

The harvesting of more than 25 live trees with a trunk width of six inches or more at a height of 4.5 feet above the average ground level on any tract or lot within a calendar year. This term shall not apply to the following, which are permitted by right uses in zoning districts:

[Added 7-20-2006 by Ord. No. 14-2006]

Routine thinning of woods involving dispersed selective cutting of trees that involve less than 20% of all trees on one or more abutting lots with a trunk width of greater than six inches;

Cutting of trees with a trunk width less than six inches;

Cutting of fewer than 25 such trees in a calendar year;

FORM OF MEDICAL MARIJUANA

Christmas tree farms; or

(5)

Clearing of portions of a lot that is clearly the minimum necessary for construction.

The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variant and quantity or percentage of medical marijuana or particular active ingredient.

[Added 10-16-2018 by Ord. No. 5-2018]

FRATERNITY HOUSE

A detached building occupied by and maintained exclusively for students affiliated with an accredited academic or professional college or university or other recognized institution of higher learning.

GARAGE, PRIVATE

An enclosed space designed primarily for the storage of one or more private motor vehicles, provided that no business, occupation or service is conducted nor space therein leased to a nonresident of the lot.

GASOLINE SERVICE STATION

A structure, building or area of land or any portion thereof that is used primarily for the sale of gasoline or any other motor vehicle fuel, which may or may not include facilities for lubricating, washing, sale of accessories and otherwise servicing motor vehicles, but not including body repair or painting thereof. Any business or industry dispensing gasoline only for its own use and vehicles will not be deemed to be a "gasoline service station."

GENERAL CONSISTENCY/GENERALLY CONSISTENT

That which exhibits consistency.

[Added 7-20-2006 by Ord. No. 14-2006]

GOVERNING BODY

The Borough Council of the Borough of Kutztown.

GRADE

The average finished ground elevation, slope or level adjoining the building or structure.

[Amended 7-20-2006 by Ord. No. 14-2006]

GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit from the DOH to grow and process medical marijuana in the commonwealth, pursuant to the provisions of the Act.[10]

[Added 10-16-2018 by Ord. No. 5-2018]

GROWER/PROCESSOR FACILITY

Any building or structure used to grow and process medical marijuana by a licensed grower/processor that has a current and valid permit from the DOH pursuant to the Act.

[Added 10-16-2018 by Ord. No. 5-2018]

HARD PARKING SURFACE

A hard, homogeneous, all-weather surface.

HEARING

An administrative proceeding conducted by the Board pursuant to Article VIII.

HEDGE

A row of closely planted evergreen shrubs, bushes or trees forming a continuous barrier or fence so as to restrict passage and visibility.

[Added 7-20-2006 by Ord. No. 14-2006]

HEIGHT OF SIGN OR OTHER STRUCTURE

The vertical distance measured from the grade at the front of the structure or sign to its highest point. The highest point in the case of a sign shall include the supporting structure.[11]

HOME OCCUPATION

A use conducted entirely within a dwelling unit and carried on by any resident thereof incidental and secondary to the use of the dwelling unit, which does not change the character or have any exterior evidence other than a small nameplate sign. The definition of "home occupation" shall exclude any activity which falls within the definition of "no-impact home-based business."

[Amended 7-20-2006 by Ord. No. 14-2006]

HOTEL

A building or group of buildings containing individual rooms for rental, primarily for transients, with common hallways for all or a group of rooms on the same floor.

LAND DEVELOPMENT

Any of the following activities:

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.

A subdivision of land.

LET, LETTING, LEASE, RENT, RENTING, RENTAL OR WORDS OF SIMILAR MEANING

Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code, as amended.[12]

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.

LANDSCAPED AREA

An area for the planting and arrangement of trees, shrubs, grass and/or flowers, which may or may not be continuous on a position of open space.

The act of permitting a unit to be used to provide a living arrangement for one or more persons not the owner thereof or the owner’s family, whether or not for compensation.

[Added 7-20-2006 by Ord. No. 14-2006]

LOT

A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required. The term "lot" shall mean parcel, plot, site or any similar term.

LOT AREA

An area of land which is determined by the limits of the property lines bounding that area and expressed in square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

LOT, CORNER

A lot at the point of intersection of and abutting on two or more intersecting streets and which has an interior angle of less than 135° at the intersection of two street lines.

LOT COVERAGE

A percentage of lot area which may be covered by principal and accessory buildings and structures (sometimes referred to as "building coverage").

LOT, INTERIOR

A lot other than a corner lot, the sides of which, other than the front or rear, do not abut a street.

LOT LINE

Any line dividing one lot from another lot, from a right-of-way or watercourse, or any combination thereof.

LOT WIDTH

The mean width measured at the building setback line between side lot lines and parallel to the front lot line, but in no case shall the street frontage or average lot width between front and rear lot lines be less than 1/2 of the required lot width in the particular district.

MEDICAL CENTER

An establishment for the care, diagnosis and treatment of sick, ailing, infirm or injured persons who are not provided with room or board and are not kept overnight on the premises.

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the commonwealth and the provisions of the Act.[13]

[Added 10-16-2018 by Ord. No. 5-2018]

MEDICAL MARIJUANA ORGANIZATION

A dispensary facility or a grower/processor facility.

[Added 10-16-2018 by Ord. No. 5-2018]

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

[Added 7-20-2006 by Ord. No. 14-2006]

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and is constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvements, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

[Added 10-17-2017 by Ord. No. 3-2017]

MONOPOLE

A WCF which consists of a single-pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

[Added 10-17-2017 by Ord. No. 3-2017]

MOTEL

A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and offered principally for rental and use by motor vehicle travelers. The term "motel" includes but is not limited to auto courts, motor courts, motor inns, motor lodges or roadside hotels.

MUNICIPAL AUTHORITY

See "authority."

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

[Added 7-20-2006 by Ord. No. 14-2006]

The business or commercial activity must satisfy the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(d)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(e)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(f)

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(g)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(h)

The business may not involve any illegal activity.

NONCONFORMING STRUCTURE OR BUILDING

Provided, however, that the no-impact home-based business shall not be deemed to include any use when such use is otherwise prohibited or restricted by virtue of any deed restriction, covenant or agreement restricting the use of land, or by any master deed, bylaw or other document applicable to a common interest ownership community.

NONCONFORMING LOT

A lot which does not conform to the applicable provisions and requirements of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto.

A structure or building, or part thereof, which does not conform to the applicable provisions and requirements of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto. "Nonconforming structures" shall include, but are not limited to, nonconforming signs. However, no existing structure or building shall be deemed nonconforming solely because of the existence of less than the required open space.

NONCONFORMING USE

The use of a building, structure, sign or any land which does not conform to the applicable provisions and requirements of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces and/or required open space.

NON-TOWER WIRELESS COMMUNICATION FACILITY (NON-TOWER WCF)

A non-tower WCF, including but not limited to antennas and related equipment. Non-tower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

[Added 10-17-2017 by Ord. No. 3-2017]

NURSERY SCHOOL

See "day-care facility."

[Added 3-26-1996 by Ord. No. 3-1996]

NURSING HOME

OFFICIAL ZONING MAP

The Borough of Kutztown's Zoning Map.

OPEN SPACE

Unoccupied space open to the sky and on the same lot with the principal use or accessory use and without any artificial surface thereon, planted with grass or landscaped with trees, shrubs or hedges.

PARKING LOT

An off-street paved area designed solely for the parking of four or more motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.

[Amended 7-20-2006 by Ord. No. 14-2006]

PARKING SPACE

An off-street space, exclusive of driveways, passageways and maneuvering space.

PA UCC

The Pennsylvania Construction Code Act, also known as the "Pennsylvania Uniform Construction Code, Act 45 of 1999," as amended by Act 158 of 2004, 35 P.S. §§ 7210.101 through 7210.1103, and its regulations, as amended, restated, supplemented or replaced from time to time.

[Added 7-20-2006 by Ord. No. 14-2006]

PAVED or PAVING

Concrete, bituminous concrete, asphalt or like material.

PERSONAL COMMUNICATIONS SERVICE (PCS)

A generation of wireless phone technology that combines a range of features and services surpassing those available in analog and digital cellular phone systems, providing a user with an all-in-one wireless phone, paging, messaging, and data service.

[Added 10-17-2017 by Ord. No. 3-2017]

PLANNING COMMISSION

The Borough of Kutztown Planning Commission.

PRESERVATION OR PROTECTION

When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

[Added 7-20-2006 by Ord. No. 14-2006]

PRIME AGRICULTURAL LAND

Land use for agricultural purposes that contain soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resources and Conservation Services County Soil Survey.

[Added 7-20-2006 by Ord. No. 14-2006]

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986, known as the "Sunshine Act," as amended and supplemented.[14]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the public hearing and the particular nature of the matter to be considered at the public hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the public hearing.

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.

[Added 10-17-2017 by Ord. No. 3-2017]

RELATIVE

A person related by blood, marriage, adoption or other decree of legal custody.

[Added 7-20-2006 by Ord. No. 14-2006]

REPLACEMENT

The replacement of existing wireless telecommunication facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

[Added 10-17-2017 by Ord. No. 3-2017]

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant, other than a solicitor, to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESTAURANT

A retail food service establishment, with or without the sale of beer, wine or liquor. Food sales shall account for at least 55% of gross income.

RETAIL SALES

A building or part thereof which is used for display and sales that involve stocks of goods, wares and merchandise for sale to and accessible to the public.

[Added 3-26-1996 by Ord. No. 3-1996]

RETAIL SERVICES

Located in a building or part thereof which is used for the transaction of business, for the rendering of professional services, or for other services that involve stocks of goods, wares or merchandise in limited quantities incidental to the purpose of the service and/or for sample purposes.

[Added 3-26-1996 by Ord. No. 3-1996]

RIGHT-OF-WAY

The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or thereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

[Added 10-17-2017 by Ord. No. 3-2017]

ROOMING HOUSE

A building other than a fraternity, sorority, hotel, motel or one-family dwelling, in which building the owner, provides for compensation or lets, rooms for lodging of four or more individuals, and the owner does not reside therein.

[Amended 7-20-2006 by Ord. No. 14-2006]

ROOMING UNIT

A portion of a building providing rooms for sleeping, cooking and sanitary facilities for not more than five persons.

[Added 7-20-2006 by Ord. No. 14-2006]

ROW HOUSE

See "townhouse."

SEMIDETACHED BUILDING

See "building, semidetached."

SERVICE STREET

A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a secondary means of access to abutting properties and where the cartway is identical in width and location to the right-of-way.

[Amended 7-20-2006 by Ord. No. 14-2006]

SHOPPING CENTER

A group of stores, four or more in number, planned and designed as an integrated unit, with off-street parking provided on the property as an integral part of the unit. "Shopping center" shall also mean a single store or a group of stores fewer than four in number where the total gross floor area of the store or stores exceeds 50,000 square feet.

SHOT CLOCK

Based on the type of WCF under consideration, the permit processing time frames are 60, 90, or 150 days.

[Added 10-17-2017 by Ord. No. 3-2017]

SIGN

Any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a wall, structure or other surface that shall display or include any letter, word, insignia, flag or representation used as, or which is in the nature of, an advertisement, announcement, visual communication or direction or that is designed to attract the eye or bring the subject to the attention of the public shall be considered a sign. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property and cornerstones or commemorative plaques not exceeding nine square feet shall not be construed to be a sign for purposes of this chapter.

BUSINESS OR IDENTIFICATION SIGNA sign which directs attention to a business, profession, product, service, activity or entertainment sold or offered upon the lot where such sign is located.

DIRECTIONAL SIGNA sign or device intended to direct or point toward a place or object or one that points out the way to either an unfamiliar or a known place or object.

FLASHING SIGNA sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate time, temperature or date information shall not be considered a flashing sign.

FLUSH SIGNSee "parallel sign."

(5)

FREESTANDING SIGNA sign supported by, or suspended from, a freestanding column or other support located in or upon the ground surface.

(6)

ILLUMINATED SIGN (DIRECTLY)A sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign, including but not limited to neon and exposed lamp signs. Festoon lighting shall be deemed a directly illuminated sign comprised of either a group of incandescent light bulbs hung or strung overhead or on a building or structure or light bulbs not shielded or hooded or otherwise screened to prevent the direct rays of the light from shining on an adjacent property or right-of-way.

(7)

ILLUMINATED SIGN (INDIRECTLY)An illuminated, nonflashing sign with illumination derived from an external artificial source and so arranged that no direct rays of light are projected from such artificial source to areas other than the sign being illuminated.

(8)

NAMEPLATE SIGNA sign which states the name or address, or both, of the occupant of the lot where the sign is located.

(9)

PARALLEL SIGNA sign which is mounted parallel to a wall or other vertical building surface not extending beyond the edge of any wall or other surface to which it is mounted and not projecting more than 12 inches from the wall surface.

(10)

PROJECTING SIGNA sign which is attached directly to the structure wall, including awnings, and which extends more than 12 inches from the face of such wall.

(11)

ROOF SIGNA sign erected upon or above the roof or parapet of a building.

(12)

SIGN, ON-LOTA sign which directs attention to a person, business, profession, home occupation or activity conducted on the same lot as the sign.

(13)

SIGN, OFF-LOT (BILLBOARD)A board, panel or tablet used for the display of printed or painted advertising matter which directs attention to a person, business, profession, product, service, activity or entertainment not conducted, sold or offered upon the lot where such sign is located.

(14)

TEMPORARY SIGNA sign which is in place not more than 30 days, except as may otherwise be provided for in § 225-28 of this chapter.

(15)

WINDOW SIGNA temporary or permanent sign which is oriented to the public right-of-way, is legible to persons in vehicles and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot as the sign.

SITE

For towers other than towers in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

[Added 10-17-2017 by Ord. No. 3-2017]

SORORITY HOUSE

SPECIAL EXCEPTION

A use permitted in a particular district in accordance with the provisions of § 225-51C of this chapter.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communication towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, or light poles.

[Added 10-17-2017 by Ord. No. 3-2017]

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is not a floor above it, then the space between any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a "story." Each level of a split-level building, excluding cellars, shall be considered a half story.

STORY, HALF

Any space immediately below and wholly or partly within the roof framing, with or without a finished floor, where the clear height of not more than 75% of such space has structural headroom of seven feet and six inches or more. Any space which has more than 75% of its area having such headroom shall be deemed to be a full story. In addition, each level of a split-level building, excluding cellars, shall, regardless of its proximity to the roof framing, be considered a "half story."

STREET

A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane and road or similar terms. The word "street" shall not include service street.

[Amended 7-20-2006 by Ord. No. 14-2006]

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agriculture purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted. The term "subdivision" shall refer, as appropriate in this chapter, to the process of subdividing land or to the land proposed to be subdivided. The term "subdivision" includes resubdivision.

[Added 7-20-2006 by Ord. No. 14-2006]

The enumerating of lots shall include as a lot that portion of the original tract remaining after other lots have been subdivided therefrom.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

The combining of two or more recorded lots into one lot via the creation of a new deed shall not constitute subdivision, provided that no existing lot is divided by any means.

A modification to the physical dimensions of a tower or base station, as measured from the dimensions of the tower or base station inclusive of any modifications approved prior to the passage of the Spectrum Act (effective February 22, 2012), if it meets any of the following criteria:

[Added 10-17-2017 by Ord. No. 3-2017]

For towers outside of public right-of-way, it increases the height by more than 20 feet or 10%, whichever is greater; for those towers in the right-of-way and for all base stations, it increases the height of the tower or base station by more than 10% or 10 feet, whichever is greater;

For towers outside of public rights-of-way, it protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for those towers in the rights-of-way and for all base stations, it protrudes from the edge of the structure more than six feet;

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

TOBACCO/E-CIGARETTE RETAILERS

It entails any excavation or deployment outside the current site of the tower or base station;

(5)

It would defeat the existing concealment elements of the tower or base station; or

(6)

It does not comply with conditions associated with the prior approval of the tower or base station unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds.

TAVERN

A retail service establishment which is primarily for the sale of beer, wine or liquor, with or without food service. The term "tavern" shall include a nightclub and barroom.

A retail sales or wholesale establishment that is dedicated, in whole or in part, to the sale or exchange of tobacco and/or tobacco products and/or e-cigarette/vaping products, including, without limitation, smoke shops and hookah lounges. Examples of tobacco products referred to in this definition include, without limitation, matches, lighters, hookahs, pipes, chewing tobacco, cigarette rolling machines, ashtrays, pipe tools, pipe supplies, and pipe accessories. Examples of e-cigarette/vaping products referred to in this definition include, without limitation, vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes, e-cigarettes, e-cigs, e-pipes, and any other electronic nicotine delivery system ("ENDS"). ENDS shall be deemed noncombustible tobacco products.

[Added 12-20-2022 by Ord. No. 9-2022]

TOWER-BASED WCF

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.

[Added 10-17-2017 by Ord. No. 3-2017]

TOWNHOUSE

A building arranged, designed and intended for and occupied exclusively by one family, said building consisting of one of a group of not fewer than three nor more than six attached buildings, with the buildings at each end thereof being included within the aforesaid minimum and maximum numbers, each such building separated by unpierced party walls and each such building having at least one separate entrance from the outside and individual utility connections. All townhouses, including the end buildings of a group, shall be deemed to be attached buildings, and in no event shall either end building be deemed to be semidetached. For a dwelling unit to be deemed to be a townhouse, such dwelling unit shall be on an individual lot and shall have individual front and rear yards. A single-family attached building shall not be deemed a townhouse in any district where regulations provided for in § 225-25 of this chapter pertain to townhouses.

USE

The specific purpose for which land or a sign, structure or building is designed, arranged or intended or for which it may be occupied or maintained or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. The existence of a permit or any other authorization under another chapter of this Code or any other authorization under any other laws or regulations shall not be deemed to constitute the actual use or the continuation of use of any land, any structure or any building, whether permitted or nonconforming for the purposes of this chapter.

[Amended 7-20-2006 by Ord. No. 14-2006]

VARIANCE

Relief granted by the Zoning Hearing Board in accordance with the provisions of § 225-51B of this chapter.

WALL (FREESTANDING)

A barrier constructed of stone, brick, concrete, masonry or similar materials, designed for the purpose of limiting or excluding access to a lot or for the purpose of screening a lot or portion thereof from the exterior of the lot.

WBAC

Pennsylvania Wireless Broadband Collocation Act.

[Added 10-17-2017 by Ord. No. 3-2017]

WIRELESS

Transmission through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

[Added 10-17-2017 by Ord. No. 3-2017]

WIRELESS COMMUNICATION FACILITY (WCF)

The antennas, nodes, control bases, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communication services.

[Added 10-17-2017 by Ord. No. 3-2017]

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based WCF or any other support structure that could support the placement or installation of a wireless communication facility if approved by the Borough.

[Added 10-17-2017 by Ord. No. 3-2017]

YARD

An open, unoccupied space on the same lot with a building, open and unobstructed from the ground upward and without any artificial surface thereon, except as otherwise provided in this chapter, and not less in depth or width than the minimum required in each district.

YARD, FRONTThe yard that runs the full width of the lot, along the street right-of-way, and extends from the building or structure to the line established by the street right-of-way. The minimum distance between the building or structure and the line established by the street right-of-way will be determined by setback requirements in this Code.

[Amended 7-20-2006 by Ord. No. 14-2006]

YARD, REARThe yard between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district and extending for the full width of the lot.