The Borough of Kutztown is hereby divided into
zones, or districts, as shown on the Official Zoning Map, which, together
with all explanatory matter thereon, is hereby adopted by reference
and declared to be part of this chapter, together with all future
notations, references and amendments.
A. Identification of Official Zoning Map. The Official
Zoning Map shall be identified by the signature of the President of
the governing body and attested by the Secretary of the borough, together
with the date of the adoption of this chapter.
B. Changing the Official Zoning Map.
(1) If, in accordance with the provisions of this chapter
and the Pennsylvania Municipalities Planning Code, as from time to
time amended, changes are made in district boundaries or other matters
portrayed on the Official Zoning Map, such changes shall be entered
on the Official Zoning Map promptly after the amendment has been approved
by the governing body.
(2) No changes of any nature shall be made on the Official
Zoning Map or matter shown thereon except in conformity with the procedures
set forth in this chapter, the Pennsylvania Municipalities Planning
Code, as from time to time amended, or any other applicable state
law. All changes shall be noted on the Official Zoning Map by date
with a brief description of the nature of the change.
C. Location of Official Zoning Map. The Official Zoning
Map shall be located in the Code Enforcement Office of the Borough
and at any time shall be the final authority as to the then-current
zoning status of land in the Borough, regardless of unofficial copies
which may have been made or published from time to time.
D. Replacement of Official Zoning Map.
(1) In the event that the Official Zoning Map becomes
damaged, destroyed, lost or difficult to interpret because of the
nature or number of changes and additions, the governing body may,
by resolution, adopt a new Official Zoning Map which shall supersede
the prior Official Zoning Map. The new Official Zoning Map may correct
drafting or other errors or omissions in the prior Official Zoning
Map, but no such correction shall have the effect of amending the
original Official Zoning Map or any subsequent amendment thereof.
The new Official Zoning Map shall be identified by the signature of
the President of the governing body, attested by the Secretary of
the Borough and bear the following words: "This is to certify that
this Official Zoning Map supersedes and replaces the Official Zoning
Map adopted September 22, 1987, as part of Ordinance No. 11-1987 of
the Borough of Kutztown, Berks County, Pennsylvania."
(2) Unless the prior Official Zoning Map has been lost
or has been totally destroyed, the prior map or any significant parts
thereof remaining shall be preserved, together with all available
records pertaining to its adoption or amendment.
[Amended 7-20-2006 by Ord. No. 14-2006]
For the purpose of this chapter, the Borough
is hereby divided into classes of districts which shall be designated
as follows:
R-1
|
—
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Residential
|
R-2
|
—
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Low-Density Residential
|
R-3
|
—
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Medium-Density Residential
|
R-4
|
—
|
Medium-High-Density Residential
|
R-5
|
—
|
High-Density Residential
|
C-C
|
—
|
Business Commercial Central
|
C-1
|
—
|
Business Commercial
|
C-2
|
—
|
Commercial/Residential
|
C-3
|
—
|
Highway Commercial
|
I
|
—
|
Industrial District
|
LI
|
—
|
Light Industrial District
|
MI
|
—
|
Medium Industrial District
|
HI
|
—
|
Heavy Industrial District
|
Where uncertainty exists as to the boundaries
of districts as shown on the Official Zoning Map, the following rules
shall apply:
A. Designation of district boundaries. Boundaries indicated
as approximately following the center line of streets, railroad rights-of-way
and streams and existing lot lines or Borough boundary lines shall
be construed to follow such line. Where a district boundary line does
not follow such a line, its position shall be shown on said Official
Zoning Map by a specific dimension expressing its distance, in feet,
from a street right-of-way line or other boundary line as indicated
and running parallel to said line, or by reference to the ordinance
describing such line.
B. Determination of location of boundaries. Where physical
or cultural features existing on the ground are at variance with those
shown on the Official Zoning Map, or if uncertainty exists as to the
true location of a district boundary line in a particular instance,
the Zoning Officer shall render his determination with respect thereto.
The areas considered to be flood-prone within
the Borough shall be those areas identified as being subject to the
one-hundred-year flood in the Flood Insurance Study prepared for the
Borough of Kutztown, Berks County, Pennsylvania, by the Federal Emergency
Management Agency. The boundary area of the one-hundred-year flood,
including both the floodway and the floodway fringe, is determined
by the Federal Emergency Management Agency, Flood Hazard Boundary
Map H-01 and Flood Boundary Map 01F, both maps having an effective
date of May 2, 1977, or the latest editions or revisions thereof.
[Added 7-20-2006 by Ord. No. 15-2006]
A. District requirements.
(1)
Requirements for utilization of this overlay district shall be those set forth for medium industrial districts in §
225-21, entitled "I - Industrial."
(2)
The Medium Industrial Overlay Zoning District
herein set forth shall only be permitted and become applicable upon
the construction and opening for public use and travel of an interchange
between the Kutztown Bypass (U.S. Route 222) and College Boulevard
at the intersection where the Kutztown Bypass (U. S. Route 222) passes
over the aforenoted College Boulevard.