A.
Visibility at intersections in all districts. On a
corner lot, nothing shall be erected (except street signs, utility
poles, streetlights, traffic lights or traffic signs), placed, planted
or allowed to grow in such a manner as to impede vision between a
height of 2 1/2 and 10 feet above the center-line grades of the
intersecting streets in the area bounded by the street center line
of each such intersecting street and a line joining the street center
line at a distance of 75 feet from the point of intersection, except
that in the case of a service street said line shall be drawn at a
distance of 50 feet along the service street from the point of intersection.
[Amended 7-20-2006 by Ord. No. 14-2006]
B.
Fences, walls and hedges. Except as otherwise required
by other provisions of this chapter, fences, walls, steps, outdoor
pole lights and hedges may be permitted in any required yard; provided,
however, that:
(1)
Along the sides or front edge of any required front
yard, no fence, freestanding wall, other than retaining walls, or
hedge shall be over four feet in height, except that in an industrial
district, where an industrial use is located on a lot, no fence or
freestanding wall shall exceed six feet in height.
(2)
No portion of any fence, freestanding wall, other
than retaining walls, or hedge along the sides of side yards and the
sides and rear of a rear yard shall exceed six feet in height.
(4)
The following types of fences and materials for fences
are specifically prohibited: barbed wire, canvas, cloth, fences having
sharp points and fences that are electrically charged; provided, however,
that barbed wire may be installed on top of any fence or freestanding
wall not less than six feet in height in any commercial or industrial
district, so long as the total height shall not exceed seven feet.
(5)
No portion of any fence, freestanding wall, retaining
wall or hedge shall be placed or permitted to grow within two feet
of the right-of-way line of any street or utility right-of-way within
five feet of the right-of-way line of any service street.
[Added 7-20-2006 by Ord. No. 14-2006]
C.
Erection of more than one principal building or structure on a lot. In any district, more than one building or structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each building or structure as though it were on an individual lot. This subsection shall not apply to multifamily dwellings and townhouses, which are governed by § 225-25.
D.
Buildings to have access. Every building hereafter
erected or moved shall be on a lot adjacent to a public street or
a private street approved by the governing body, and all buildings
shall be so located on lots as to provide safe and convenient access
for servicing, fire protection and required off-street parking.
E.
Corner lot restriction. Any yard which abuts a street
shall meet the applicable front yard requirements, whether or not
the yard is otherwise considered to be the front yard; provided, however,
that, except in the case of a corner lot located in a Business Commercial
Central (C-C) District and Business Commercial (C-1) District, whenever
the corner lot abuts a service street, then a front yard having a
minimum of 20 feet in depth will be permitted. At the time any structure
or building is erected on a corner lot, the owner thereof shall designate
to the Zoning Officer which of the remaining yards shall be designated
the side and rear yard.
F.
Front yard exception. Whenever an unimproved or approved
lot is situated between two improved lots with a front yard setback
less than those required for the zoning district in which the lot
is located, the front yard required may be reduced to a depth equal
to the average of the two adjacent lots. For the purpose of this subsection,
an improved lot shall be one on which a permitted principal building
is erected.
[Amended 7-20-2006 by Ord. No. 14-2006]
G.
Lots in two districts. Whenever a district boundary
line divides a lot in single or joint ownership of record at the time
such line is established, the regulations for the less restricted
portion of such lot shall extend not more than 30 feet into the more
restricted portion, provided that the lot has frontage on a street
in the less restricted district.
H.
Lot area and lot width for lots not served with public water and/or sanitary sewers. Whenever a lot is not served by a public water supply and/or sanitary sewerage system and Chapter 195, Subdivision and Land Development, or other state statute or local ordinance requires a higher standard for lot area or lot width than this chapter, the more restrictive regulations of such other statute or ordinance shall apply.
I.
Projections into yards. The following projections
shall be permitted to extend into required yards and shall not be
considered in the determination of yard size or lot coverage:
(1)
Terraces, patios, decks or open porches, provided
that such terraces, patios, decks or open porches are not roofed or
otherwise enclosed and are not closer than three feet to any adjacent
lot line or as required by the PA UCC.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
Projecting or freestanding features, including but
not limited to bay windows, cornices, eaves, fireplaces, chimneys,
window sills, air conditioners, transformers, antennas or other similar
features, provided that no single feature exceeds 120 square feet
in external area. No such projecting nor freestanding feature shall
be placed or located within three feet of an adjacent lot line or
as required by the PA UCC.
[Amended 7-20-2006 by Ord. No. 14-2006]
(3)
Uncovered stairs and landings, provided such stairs
or landings do not exceed three feet, six inches in height nor closer
than three feet to any adjacent lot line or as required by the PA
UCC.
[Amended 7-20-2006 by Ord. No. 14-2006]
(4)
Open balconies or fire escapes, provided that such
balconies are not supported on the ground and provided that such balconies
or fire escapes do not project more than five feet into any yard nor
closer than three feet to any adjacent lot line.
J.
Divider/fence/landscaping. A plan specifying type,
size and location of existing and placement of proposed dividers,
fences, trees, shrubs and/or grass areas shall be submitted with the
application for land development, excepting subdivisions for the division
of land only, not involving any improvements thereon.
K.
No building or structure of any kind shall be constructed
within five feet of any utility easement or other right-of-way, except
where such other right-of-way or utility easement provides direct
services to said building or structure.
[Added 7-20-2006 by Ord. No. 14-2006]
L.
More than one principal use shall not be permitted
on a single lot unless the provisions of this chapter applicable to
the zoning district in which a lot is located permit the existence
of more than one principal use on such lot.
[Added 7-20-2006 by Ord. No. 14-2006]
[Added 3-26-1996 by Ord. No. 3-1996]
A.
The permit fees required pursuant to § 225-45 of this chapter shall not be required in the following instances:
(1)
Any structure not constituting a building or
swimming pool that is intended for recreational purposes by children
under the age of 16 years, so long as such structure does not exceed
a length of 20 feet, a width of 10 feet or a height of 12 feet and
so long as such structure is located at least five feet from any lot
line or other structure.
(2)
Any walkway, other than a sidewalk, which is
less than four feet in width.
(3)
Any fences (including but not limited to garden
fences) and similar enclosures less than three feet in height and
located at least five feet from any lot line.
(4)
Any ground level unroofed patio less than 120
square feet in area and the closest point of the patio to any lot
line being at least five feet from such lot line.
(5)
Any landscape pond less than 120 square feet in area and less than two feet in depth and located at least five feet from any lot line, so long as such landscape pond is installed in compliance with all applicable provisions and regulations of Chapter 107, Electrical Standards, of the Code of the Borough of Kutztown.
(6)
Any temporary above-ground swimming pool less than 12 feet in diameter and two feet in depth and located at least five feet from any lot line, so long as such temporary above-ground swimming pool is installed in compliance with all applicable provisions and regulations of Chapter 107, Electrical Standards, of the Code of the Borough of Kutztown.
(7)
Any temporary structure intended for seasonal
use only and intended to be removed within 30 days after the erection
or installation of any such structure and located at least five feet
from any lot line.
(8)
Any miscellaneous structure such as a bird feeder,
bird bath, bird house, pet enclosure and similar structure, containing
not more than 120 square feet in area and located at least five feet
from any lot line.
(9)
As concerns any structure to which any of the
above exceptions would be applicable, which structure is located on
a lot containing a width of 20 feet or less, the above required distance
from the lot line shall be reduced from at least five feet to at least
three feet.
A.
Standards.
(1)
The use of the dwelling or accessory building or structure shall not change the character thereof or have any exterior evidence of such use other than a small nameplate as provided for in § 225-28G.
(2)
Only a resident of the dwelling unit may practice
a home occupation, and not more than two persons, whether paid or
or unpaid, who may/may not be employed by the practitioner, may be
of assistance that would be required by the practitioner or normally
associated with the home occupation.
[Amended 2-9-1993 by Ord. No. 2-1993]
(3)
Two off-street parking spaces, in addition to those
required for the dwelling units, shall be required for any such home
occupation.
(4)
Home occupations shall be limited to and shall not
occupy more than 25% of the floor area of the first or grade floor
of the dwelling unit and shall not occupy more than 50% of the basement
or cellar or, in the alternative, 50% of the floor area of any accessory
building or structure.
(5)
No storage or display of products or materials in
areas outside of buildings shall be permitted.
(6)
Not more than one home occupation may be practiced
on any one lot. Home occupations shall be subject to the following
limitations:
(a)
No emission of unpleasant gases or other odorous
matter shall be permitted.
(b)
No emission of noxious, toxic or corrosive gases
or fumes injurious to persons, property or vegetation shall be permitted.
(c)
No glare or heat from any home occupation shall
be permitted.
(d)
No discharge is permitted into a reservoir,
sewage or storm disposal system, stream, open body of water or into
the ground of any materials in such a way or of such nature or temperature
as could contaminate any water supply or damage or be detrimental
to any sewage system or any sewage treatment plant or otherwise could
cause the emission of dangerous objectionable elements.
(e)
No vibration perceptible beyond the dwelling
unit or building in which the home occupation is conducted, whichever
shall be the smaller, shall be permitted.
(f)
No noise shall be audible beyond the dwelling
unit or building in which the home occupation is conducted, whichever
shall be the smaller, exceeding the average intensity of street traffic
at the front lot line. Objectionable noises due to intermittence,
heat, frequency or shrillness shall be muffled.
(g)
No emission of any smoke shall be permitted.
(h)
Electric or electronic devices shall be shielded
in such a manner as not to interfere with radio or television reception
or transmission of any kind.
A.
General provisions.
[Amended 2-9-1993 by Ord. No. 2-1993]
(1)
All accessory buildings and structures shall be securely anchored to the ground, except as otherwise required by the PA UCC. No accessory building or structure, and no addition to any accessory building or structure, shall be erected or placed in any required front or side yard. No detached accessory building or structure shall be erected or placed closer than five feet to any other building or structure located on the same lot except if a greater distance is required by the PA UCC. Where no side yard is required in accordance with this chapter, accessory uses, buildings and structures shall be constructed in accordance with the fire protection requirements of Chapter 75 of the Kutztown Code.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
Accessory buildings or structures erected or placed
within the rear yard required for the principal building or structure
shall meet the following requirements:
(a)
Accessory buildings or structures not exceeding
150 square feet in area and 12 feet in height shall not be erected
or placed within five feet of the side or rear lot line, except that
in those districts where no side yard is required, there shall be
no minimum setback from the side lot line, nor shall any such accessory
buildings or structures be erected or placed within five feet of the
rear lot line.
(b)
Accessory buildings or structures in excess
of 150 square feet and/or 12 feet in height (but in no event to exceed
768 square feet in area and 16 feet in height) may be erected or placed
at a minimum distance of 10 feet from the side or rear lot line.
[Amended 12-26-1995 by Ord. No. 12-1995]
(c)
Accessory buildings or structures exceeding
768 square feet in area or 16 feet in height may be erected or placed
at such a minimum distance from the side or rear lot line as is provided
for in the particular district for minimum side yards; provided, however,
that no such accessory buildings or structures shall be erected or
placed within five feet of the rear lot line.
[Amended 12-26-1995 by Ord. No. 12-1995; 7-20-2006 by Ord. No. 14-2006]
(d)
Notwithstanding the above, in the case where the side or rear lot line abuts a service street, any accessory building or structure, regardless of size but not exceeding 16 feet in height, may be erected or placed within five feet of the service street right-of-way; provided, however, that no such building or structure shall be placed or erected closer to the side lot line than as permitted by Subsection A(2)(a), (b) or (c) above, whichever may be applicable.
(e)
Notwithstanding the above, where lots are occupied
by semidetached buildings or attached buildings, no side yard shall
be required for an accessory building or structure along the lot line
or lines where the semidetached or attached buildings are joined.
(f)
Notwithstanding the above, all uses, buildings
and/or structures shall be erected or placed a minimum distance of
five feet from any and all utility easements and/or other rights-of-way
except those serving such uses, buildings or structures.
[Amended 7-20-2006 by Ord. No. 14-2006]
B.
Private noncommercial swimming pools, which are designed
to contain a water depth of 24 inches or more, must be located in
the rear or side yard area only. Such a pool shall be not less than
15 feet from side and rear lot lines nor occupy more than 25% of the
area of the yard in which the pool is located.
C.
No nonresidential uses shall be permitted in any residential district except no-impact home-based businesses and those permitted by home occupation regulations, § 225-23 of this chapter.
[Amended 7-20-2006 by Ord. No. 14-2006]
D.
No agriculture use or individual gardens for home
consumption shall occupy any part of the minimum front yard or more
than 1/2 of the minimum side or rear yard required in the applicable
district.
E.
No materials shall be stored within five feet of any
lot line unless such materials are stored in an enclosed structure
that complies with the provisions of this chapter.
F.
Nothing in this section shall be construed to limit
other accessory uses, buildings or structures so long as they are
clearly accessory to the principal permitted use, building or structure
on the land and do not create a threat to the public health, safety
and/or welfare of the community.
A.
Permitted uses.
[Amended 7-20-2006 by Ord. No. 14-2006]
(1)
A development or project of low-rise apartments, high-rise
apartments or townhouse developments and accessory buildings shall
consist solely of residential dwelling units and recreational and
parking facilities. However coin-operated washing, drying and vending
machines shall be permitted, provided that these are located within
a building and shall be available only for the use of the residents.
(2)
One office per project for the purpose of administering
and renting the dwelling units in a development and one sample apartment
or townhouse for display purposes shall be permitted for each type
to be constructed.
B.
Area and other regulations.
|
Requirement
|
High-Rise Apartment House
|
Townhouse
|
Low-Rise Apartment House
| |
|---|---|---|---|---|
|
(1)
|
Minimum gross lot area area (acres)
|
5
|
2
|
2
|
|
(2)
|
Minimum lot width at building line (feet)
|
200
|
20 per house
|
200
|
|
(3)
|
Maximum building coverage of gross land area
|
12% in the case of a building or buildings 6
stories or less. For each additional story in height above 6 stories
the lot coverage shall be reduced 2%.
|
35%
|
12%
|
|
(4)
|
Minimum rear yard (feet)
|
200
|
30
|
75
|
|
(5)
|
Minimum side yard (feet)
|
50 (applicable to end houses)
|
30
|
50
|
|
(6)
|
Minimum front yard (feet)
|
70, provided that a building in excess of 3
stories in height shall have an additional 10 feet of setback for
each additional 1-story height
|
30
|
35
|
|
(7)
|
Distance between buildings (or groups of attached
buildings in the case of town- houses)
|
The horizontal distance between buildings shall
not be less than the height of the highest building.
|
See § 225-25C
|
See § 225-25C
|
|
(8)
|
Parking lot setback from street right-of-way
and/or lot lines when no street right-of-way exists
|
20 feet
|
10 feet
|
15 feet
|
|
(9)
|
Maximum dwelling units per gross acre
|
20
|
8
|
10
|
|
(10)
|
Usable open space (not including parking lots)
devoted to recreational use
|
0.25 square feet for every 1 square foot of
gross floor area
|
0
|
0.25 square feet for every 1 square foot of
gross floor area
|
|
(11)
|
Maximum height
[Amended 7-20-2006 by Ord. No. 14-2006] |
7 stories 75 feet
|
3 stories 35 feet
|
3 stories 35 feet
|
|
(12)
|
Maximum height of any structure, other than
a building, not erected upon, atop or affixed to any building
[Added 1-14-1997 by Ord. No. 1-1997] |
135 feet
|
50 feet
|
50 feet
|
|
(13)
|
Maximum height of any structure erected upon,
atop or affixed to any building
[Added 1-14-1997 by Ord. No. 1-1997] |
15 feet above the highest point of the main
roof of the high-rise apartment house
|
15 feet above the highest point of the main
roof of the townhouse
|
15 feet above the highest point of the main
roof of the low-rise apartment house
|
C.
Additional requirements.
(1)
The following additional requirements shall also apply and shall supersede any of the requirements of § 225-25B if the same are in conflict with any of the following requirements:
(a)
Townhouses shall consist of a maximum of six
attached dwelling units.
[Amended 7-20-2006 by Ord. No. 14-2006]
(b)
There shall be at least two different architectural
treatments of townhouses for each group, varying the building materials
and exterior elevation. In addition, no more than three continuous
townhouses shall have the same front setback, and any variation in
front setbacks shall be at least four feet.
(c)
The horizontal distance between buildings, except
high-rise, shall be two times the average height of the buildings
for front or rear walls facing front or rear walls, 1 1/2 times
the average height for front or rear walls facing side walls and equal
to the height of the highest building for side walls facing side walls.
(d)
The minimum width of any side yard abutting
a street, driveway or parking lot should not be less than 30 feet.
(e)
Access and service shall be provided in the front of each townhouse. Parking shall be provided as hereinafter required in § 225-25D either on the lot on which the townhouse is erected or in the nature of a joint parking lot for a group of townhouses with such deed restrictions that are necessary to determine ownership and maintenance of common parking lots and methods of assigning charges for maintaining snow removal and repairs.
(2)
Usable open space devoted to recreational use as required
by § 225-25B(10) for low-rise and high-rise apartment houses
shall be designed for use by tenants of the development and shall
be improved and equipped by the developer in accordance with plans
submitted to and approved by the Borough Planning Commission.
(3)
In the event that a development tract is designed
to contain more than one permitted residential use, i.e., high-rise,
low-rise or townhouses, the plans submitted shall indicate an area
designated for each such residential use, and all density maximums
as required under § 225-25B(9) shall apply to each area
so designated, and minimum side yards as required by § 225-25B(5)
shall apply and be measured from area designation lines.
D.
Parking facilities.
(1)
Number of spaces. Off-street parking, whether garage
or on-lot, shall be provided on the premises of the development at
the rate of two spaces for each multifamily dwelling unit or townhouse.
(2)
Location. Required parking spaces or parking lots
shall be provided as follows:
(a)
All outdoor parking spaces and access drives
shall be at least 15 feet from any multifamily dwelling building on
the lot and 15 feet from all exterior lot lines of the development
or project.
(b)
Common parking lots shall not be designed or
located so as to require cars to back into a public street in order
to leave the lot.
(c)
Entrance- and exitways shall have a minimum
width of 12 feet for each lane of traffic entering or leaving the
parking lot but shall at no time exceed 30 feet in width at the street
line.
(d)
All dead-end parking lots shall be designed
to provide sufficient backup area for the end stalls of the parking
lot.
(e)
Landscaping shall be provided to screen off-street
parking lots. A landscaping plan specifying type, size and location
of existing and proposed planting material shall be submitted with
the application.
(f)
All parking lots shall be paved.
(g)
Entrance- and exitways and interior accessways
shall be designed so as to prevent the blocking of vehicles entering
or leaving the parking lot.
E.
Drainage. All provisions of existing Borough ordinances, including but not limited to Chapter 195, Subdivision and Land Development, regarding storm drainage shall be complied with.
F.
Construction. All multifamily dwelling buildings and townhouses shall be built to conform to the building regulations as established by the State Department of Labor and Industry and all building regulations of the Borough, including but not limited to Chapter 77, Building Construction, and, in the case of conflict of such regulations, the more restrictive shall govern.
[Amended 3-26-1996 by Ord. No. 3-1996]
G.
Lighting. Lighting for buildings, accessways and parking
lots shall be so arranged as not to reflect toward public streets
or cause any annoyance to building occupants or surrounding property
owners or residents.
H.
Storage of trash and rubbish. Exterior storage areas
for trash and rubbish shall be completely screened by fencing or landscaping
five feet in height, and all trash and rubbish shall be contained
in verminproof containers. Storage areas for trash and rubbish shall
at all times be kept in an orderly and sanitary fashion.
[Amended 7-20-2006 by Ord. No. 14-2006]
I.
In any case where the occupancy and use of any low-rise
apartment, high-rise apartment or townhouse development is not restricted
by virtue of a deed restriction, covenant or agreement restricting
use of land, or by any master deed bylaw or other document applicable
to a common interest ownership community, so as to prevent such low-rise
apartment, high-rise apartment or townhouse development from being
utilized as a "student home," as defined in § 225-251B,
then the following additional requirements shall be met:
[Added 7-20-2006 by Ord. No. 14-2006]
(1)
An on-site property manager shall be present on the
property at all times.
(2)
An office or other suitable permanent facility shall
be provided on the property.
(3)
An appropriate electronic security system shall be
sufficient to permit the on-site manager to monitor the security of
the entire property, both interior and exterior public areas on a
real-time basis.
[Added 5-9-1995 by Ord. No. 5-1995])
A.
Findings of fact regarding student home use. The Council of the Borough of Kutztown makes the following findings of fact in support of and as the basis for the enactment of this § 225-25.1 of the Code of the Borough of Kutztown, Chapter 225, Zoning:
(1)
Immediately adjacent to the boundary of the
Borough is Kutztown University ("university"), an institution of the
Commonwealth of Pennsylvania system of higher education which offers
both undergraduate and graduate degree programs.
(2)
In addition to those university students who
live in housing located upon the university campus, many of the students
attending the university obtain housing accommodations located within
the Borough.
(3)
Forty-seven and six-tenths percent of the total
dwelling units in the Borough are currently rental dwelling units.
(4)
Approximately 87.6% of the total rental dwelling
units in the Borough are currently utilized to house individual students
or groups of students.
(5)
Approximately 41.7% of the total dwelling units
in the Borough are currently utilized as rental dwelling units for
the housing of student groups or individual students.
(6)
A comparison of Borough Police Department records
of incidents investigated during the period from December 21, 1990,
to December 21, 1991, with records for the period from December 21,
1993, to December 21, 1994, for the purpose of identifying those police
responses to residential addresses which are known to have been utilized
at that time for student and student group housing revealed the following:
(a)
During the 1990-1991 period, 957 incidents were
recorded, of which 557 were responses to dwelling units housing students
as described above.
(b)
During the 1993-1994 period, 749 incidents were
recorded, of which 513 were responses to dwelling units housing students
as described above.
(c)
A comparison of the two time periods in question
indicates that a twenty-two-percent reduction in overall incidents
occurred, while the percentage of such incidents attributable to dwelling
units housing students increased by 10.5%.
(d)
The persistent occurrence at student housing
addresses of the types of incidents studied in this analysis of police
records, particularly incidents of disturbing the peace, public drunkenness,
drinking or possession of open containers of alcohol in restricted
areas, underage drinking, and/or driving under the influence of alcohol
or controlled substances presents a danger to public health and safety
and undermines the quality of life for the owners and occupants of
the other land uses in the vicinity of such dwelling units housing
students.
(7)
The enrolled student population of the university
was 4,891 in 1970, 5,154 in 1980, 7,609 in 1990 and 7,762 in 1994,
while the U.S. Census count of the population of the borough was 4,166
in 1970, 4,040 in 1980 and 4,704 in 1990.
(8)
The on-campus housing capacity of the university
is currently 2,850 students.
(9)
Approximately 1,800 university students live
in housing in the borough.
(10)
Based upon information received from the university,
it is anticipated that no new on-campus student housing facilities
will be constructed by the university for a period of at least 10
years.
(11)
The borough anticipates continued pressure on
its housing supply for the purpose of providing student housing.
(12)
The borough previously found it necessary to
enact off-street parking requirements for group dwelling unit uses
and permit parking requirements on borough streets in those areas
having the greatest density of dwelling units housing students and
those areas closest to the university.
(13)
In many neighborhoods of the borough, any further
increase in the density of the number of dwelling units devoted to
student housing will detrimentally and irretrievably alter the character
of such neighborhoods and render such neighborhoods to be largely
student dormitory districts which are no longer residential single-family
dwelling unit neighborhoods.
(14)
The preservation of the character and integrity
of the borough's residential areas, as well as the prevention of undue
concentrations of population and traffic congestion, require the imposition
of restrictions upon any further increase in the density of dwelling
units devoted to student housing.
(15)
The borough has determined that a student housing
density restriction and separation requirement of 500 feet will not
prevent the establishment of a number of additional dwelling units
housing students in the borough.
(16)
The borough has determined that application
of the student housing density restriction and separation requirement
to portions of the C-C Business Commercial Central District and C-1
Business Commercial District bordering the R-1, R-2 and R-3 residential
districts is necessary to prevent a further erosion of the residential
character of those residential districts.
[Added 7-10-2001 by Ord. No. 6-2001]
B.
STUDENT HOME
Definitions. For the purposes of this section, the
terms, phrases and words herein referred to are defined as follows:
[Amended 5-23-2005 by Ord. No. 14-2005]
A building, including any dwelling and any rooming house,
boardinghouse, fraternity house, sorority house or dormitory, but
not including any hotel or motel, a use of which is to provide a living
arrangement for two or more natural persons who are unrelated by blood,
marriage, adoption or other decree of legal custody and who are attending
or about to attend part-time or full-time any college, university
or other recognized institution of higher learning; on a semester,
summer or other break from such studies at any college, university
or other recognized institution of higher learning; fulfilling student
teaching or internship requirements as part of a course of study at
a college, university or other recognized institution of higher learning;
or any combination of such natural persons; but excluding any situation
where all such natural persons have previously been granted an undergraduate
degree which is (or is the commonly accepted equivalent of) a bachelor’s
degree. The owner of the property in question shall, upon the Borough
Zoning Officer’s written request, have the burden and responsibility
of establishing the status of any person as the recipient of a bachelor’s
degree by means of providing authentic copies of official records
from a college, university or other recognized institution of higher
learning.
C.
Separation requirement. It shall be unlawful to establish a student
home on any lot within a radius of 500 linear feet (measured by the
shortest distance between the lot on which the proposed student home
use will be located and any lot which contains an existing student
home use, including but not limited to each existing student home
use located in any district which is of a different designation than
the district in which the new student home use is proposed) of any
other lot on which is established a student home, where the proposed
student home will be located in any of the following districts:
[Amended 7-10-2001 by Ord. No. 6-2001; 5-16-2018 by Ord. No. 3-2018]
(1)
R-1 Residential;
(2)
R-2 Low-Density Residential;
(3)
R-3 Medium-Density Residential;
(4)
C-1 Business Commercial; and
(5)
Those certain portions of the C-C Business Commercial Central
District consisting solely of those lots having their front yard adjacent
to, abutting, or directly across any street from an R-1 Residential
District, an R-2 Low-Density Residential District, an R-3 Medium-Density
Residential District and/or a C-1 Business Commercial District.
D.
Other requirements. In addition to fulfilling the
requirements of this section, any student home must also comply with
all provisions of this chapter which are otherwise applicable to the
proposed use.
Shopping centers shall be in single ownership
or under a guaranteed unified management control. Such shopping centers
shall consist of a harmonious selection of uses and groupings of buildings,
service and parking lots, circulation and open space and shall be
subject to the following provisions:
A.
Permitted principal uses:
(1)
Retail sales and retail service establishments.
[Amended 3-26-1996 by Ord. No. 3-1996]
(2)
Business, professional or banking offices.
(3)
Restaurants, cafes or similar places serving food and/or beverages except where a special exception is required pursuant to Subsection C(2).
(4)
Parking lots for transient auto vehicles but not for
the storage of new or used motor vehicles for sale.
B.
Permitted accessory uses located on the same lot with
the permitted principal use. Only the customary accessory uses associated
with a commercial district shall be permitted, provided that they
are limited to the same lot as the permitted uses.
C.
Uses permitted only by special exception issued by
the Zoning Hearing Board:
D.
Area and other regulations.
(1)
Lot area. The area for development shall be a minimum
of five acres.
(2)
Lot coverage: 20% maximum.
(3)
Building height: two stories or 35 feet maximum.
(4)
Front yard: 200 feet minimum.
(5)
Side yards: 100 feet minimum each side.
(6)
Rear yard: 100 feet minimum.
(7)
Maximum paved area: 90%.
[Added 7-20-2006 by Ord. No. 14-2006]
(8)
Minimum open space: 10%.
[Added 7-20-2006 by Ord. No. 14-2006]
E.
Supplementary regulations. Off-street parking shall
be provided on the premises at a ratio of three square feet of off-street
parking for every one square foot of gross floor area. Parking shall
be permitted in the areas required for front, side and rear yard setbacks
up to a point of 25 feet from any front, side or rear lot line of
the shopping center. All parking lots shall be paved.
F.
Access and traffic controls. All means of ingress
and egress from the shopping center to any public street or state
highway shall be located at least 200 feet from any other intersecting
street or streets and shall be designed to conduct traffic in a safe
manner. The developer shall be responsible for the purchase and erection
of any necessary traffic control devices and the construction of additional
acceleration or deceleration lanes as may be required by the Pennsylvania
Department of Transportation or by the governing body.
G.
Interior circulation. Interior accessways shall be
designed so as to prevent the blocking of vehicles entering or leaving
the site. Areas provided for loading or unloading of trucks and/or
other vehicles or for servicing of shops for rubbish collection or
other services shall be adequate in size and shall be so arranged
that they may be used without blocking or interfering with interior
circulation and parking.
H.
Lighting. Lighting for buildings, signs, accessways
and parking lots shall be so arranged as not to reflect toward public
streets or cause any annoyance to surrounding property owners or residents.
I.
Shopping cart storage. Establishments furnishing carts
or mobile baskets shall provide definite areas on the site for the
storage of said carts. Storage areas shall be clearly marked and designated
for the storage of shopping carts and/or mobile baskets.
J.
Screening.
(1)
All lots which abut residential districts shall be
provided with a landscaped area and/or other enclosure of a minimum
height of four feet and a maximum height of six feet along the perimeter
of the lot abutting or facing the residential district.
(2)
If trees, evergreen hedges or other types of year-round
plants are used, a landscaped area shall be provided at least five
feet in width.
K.
Storage of trash or rubbish. Exterior storage areas
for trash and rubbish shall be completely screened and all trash and
rubbish shall be contained in verminproof containers. Storage areas
for trash and rubbish shall at all times be kept in an orderly and
sanitary fashion.
A.
Minimum lot size, area, width and yard requirements.
(1)
The minimum size of a farm shall be five acres. In
the case of intensive agricultural activities, including but not limited
to mushroom farms, poultry and egg production and dry lot farms, wherein
the character of the activity involves a more intensive use of land
than found in normal farming operations, the minimum lot size shall
be 10 acres.
(2)
All nondwelling buildings or structures for the keeping
or raising of livestock and/or poultry shall be set back no less than
200 feet from all lot lines.
B.
Maximum height requirement.
(1)
Maximum height shall be 40 feet for all nondwelling
buildings or structures, except that such height may be increased,
provided that for every foot of height in excess of 40 feet there
shall be added to each yard requirement one foot.
(2)
The maximum height for any dwelling shall be 35 feet
and 2 1/2 stories.
C.
Building coverage. Not more than 10% of the area of
any lot shall be occupied by buildings or structures.
D.
Prohibited activities.
(1)
On-site composting, except that of grass, leaves,
vegetables and similar matter in noncommercial quantities, is prohibited
and all composting storage, except that of grass, leaves, vegetables
and similar materials in noncommercial quantities, is to be conducted
in an enclosed building set back not less than 200 feet from all lot
lines.
[Amended 3-26-1996 by Ord. No. 3-1996]
(2)
All grazing or pasture areas shall be fenced.
(3)
No slaughter area or manure storage shall be closer
than 500 feet to any lot line.
A.
Permit requirements for signs.
(1)
All permanent and/or temporary on-lot and off-lot signs not permitted under Subsection B hereinbelow, regardless of size, shall require the issuance of a zoning permit from the Zoning Officer before erection or replacement. All signs must comply with all of the applicable regulations contained herein. A permit is not required to refurbish any sign, provided that the size, location, projection and/or illumination of the original sign is not altered.
(2)
Permits are not required for the following: "for sale"
signs, "for rent" signs or temporary directional signs under six square
feet.
(3)
Permits shall be required for A-type (sandwich) signs
placed on sidewalks or public areas.
B.
Signs permitted in all districts:
(1)
Official traffic or directional signs and other official
federal, state, county or Borough government signs.
(2)
Temporary signs announcing a campaign, drive or event
of a civic, philanthropic, educational or religious organization,
provided that such sign shall not exceed 50 square feet in area and
shall be removed immediately upon the completion of the campaign,
drive or event.
(3)
Temporary business signs offering the sale or rental
of the lot or building upon which the sign is erected, provided that
the area of any such sign shall not exceed six square feet and not
more than one such sign shall be placed on the lot unless such lot
fronts on more than one street, in which case one sign may be erected
on each street frontage.
(4)
Temporary signs of contractors, architects, engineers,
builders and artisans, erected and maintained on the lot where work
is being performed, provided that the area of each such sign shall
not exceed 12 square feet and provided that such sign shall be removed
upon completion of the work.
(5)
Temporary and directional signs indicating the contractors,
consultants and artisans performing services on new construction sites
or renovation sites are permitted, provided that they shall be removed
within seven days after completion of the construction work, and not
more than one sign shall be placed by each contractor, consultant
and artisan on each street frontage of the construction site.
[Amended 7-20-2006 by Ord. No. 14-2006]
(6)
Promotional signs not to exceed 32 square feet erected
in connection with the development or proposed development of land,
provided that such signs shall be removed within 20 days after the
last building has been initially occupied or within one year after
the signs were erected, whichever shall first occur. The permit for
such signs may be renewed at the end of each twelve-month period.
C.
Signs prohibited in all districts:
(1)
Signs which in any way simulate official, functional,
directional or warning signs erected or maintained by the United States
Government, the Commonwealth of Pennsylvania, County of Berks or the
Borough or any railroad, public utility or similar agency concerned
with the protection of public health or safety.
(2)
Except for promotional devices permitted by Subsection F(6), banners, spinners, flags, pennants or any moving object used for commercial advertising purposes, whether containing a message or not.
(3)
Flashing, blinking, twinkling, animated, twirling
or moving signs of any type, except those portions of signs which
indicate time and temperature changes; red, green and amber colored
signs.
(4)
No sign shall be allowed within street right-of-way
lines unless specifically authorized by other ordinances and regulations
of the Borough and in compliance with the Commonwealth of Pennsylvania
regulations, where applicable. No signs shall be permitted which are
posted, stapled, tied or otherwise temporarily or permanently attached
to public utility poles or trees within the street right-of-way line.
(5)
No vehicle to or on which a sign is affixed or upon
which a sign is painted or otherwise displayed shall be parked, placed
or stored in such a manner that the displaying of such sign or signs
no longer is incidental to the vehicle's primary purpose but becomes
the primary purpose.
(6)
Roof signs exceeding the lower of the height limit
of the district or four feet above the highest point of the roof.
D.
Nonconforming signs. Only lawful signs existing at
the time of enactment of this chapter or subsequent amendments thereto
and which do not conform to the requirements of this section shall
be considered nonconforming signs; provided, however, that any such
nonconforming sign which is otherwise lawful may be repainted, repaired
or refurbished so long as such repainted, repaired or refurbished
sign does not exceed the dimensions of the existing or replaced sign
or alter the location, projection and/or illumination of the existing
or replaced sign. A nonconforming sign once removed and not replaced
within 30 days from the date of removal shall only be replaced with
a sign in conformance with this chapter.
[Amended 3-26-1996 by Ord. No. 3-1996]
E.
Area of signs.
(1)
The area of a sign shall be construed to include all
lettering, wording and accompanying designs and symbols, together
with the background, whether opened or enclosed, on which they are
displayed, and the area of any sign shall be computed by multiplying
its greatest height by its greatest length, exclusive of supporting
structures, unless such supporting structures are illuminated or are
in the form of a symbol or contain advertising copy. In the case of
signs that have no definable edges, such as raised letters attached
to a building facade or a sign painted on a wall or similar surface,
the sign area shall be that area within a rectangle enclosing the
extreme limits of the actual message or copy area.
(2)
In computing square foot area of a double-face sign,
only one side shall be considered, provided that both faces are identical.
If the interior angle formed by the two faces of the double-faced
sign is greater than 45°, then both sides of such sign shall be
considered in calculating the sign area, and it shall be considered
as a parallel sign.
(3)
If an establishment has walls fronting on two or more
streets, the sign area for each fronting wall shall not exceed the
applicable maximum sign area established by this chapter. Each sign
shall be placed on the side used in the computation.
[Amended 7-20-2006 by Ord. No. 14-2006]
F.
General regulations.
(1)
All signs shall be constructed in accordance with
the PA UCC.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
No sign shall be so located or arranged that it interferes
with traffic through glare, through blocking of reasonable sight lines
for streets, sidewalks or driveways, through confusion with a traffic
control device (by reason of color, location, shape or other characteristics)
or through any other means. No sign shall violate the corner visibility
restrictions outlined in this chapter.
(3)
No portion of any freestanding sign shall be located
within five feet of any side lot line, project over any street right-of-way
line or be within 10 feet of any building.
(4)
A temporary "for sale" or "for rent" sign may be permitted
within or on the lot lines advertising the prospective or completed
sale or rental of the lot upon which it is located, provided that
it shall be removed within seven days after execution of a lease or
an agreement sale.
(5)
Temporary signs indicating the contractors, consultants
and artisans performing services on new construction sites or renovation
sites are permitted, provided that they shall be removed within seven
days after completion of the construction work, and not more than
one sign shall be placed by each contractor, consultant and artisan
on each street frontage of the construction site.
(6)
Special promotional devices, signs and displays, such
as floodlights, flags, banners, pennants or related devices, shall
only be permitted for a business for special occasions not more than
four times a year in a nonresidential district for a period of not
more than a total of 30 days in any one calendar year.
(7)
A-type (sandwich-type) sidewalk or curb signs.
(a)
A-type (sandwich-type) sidewalk or curb signs
and related devices for a business shall only be permitted during
hours of operation of said business. An unobstructed sidewalk width
of four feet must be maintained.
(b)
A-type (sandwich) sidewalk or curb signs shall
not exceed six square feet per face nor be larger than two feet wide
and three feet high.
(8)
Projection. No sign shall project more than 12 inches in any residential district or 72 inches in any commercial or industrial district from the building facade to which it is attached; provided, however, that no portion of any projecting sign shall be closer than four feet from the outer curbline. Except as hereinafter provided in Subsection H(1)(a), the closest portion of any projecting sign shall be at least eight feet above the sidewalk (or curb grade if there is no sidewalk) or any other walkway. No freestanding sign may project beyond the front lot line except as provided for in Subsection F(6) and (7). Parallel signs shall not project more than 12 inches in any commercial or industrial district.
(9)
Height of freestanding signs. In no event shall the
maximum height of a freestanding sign exceed 25 feet.
(10)
Illumination. Signs may be lighted with nonglaring
exterior or interior or shielded floodlights, provided that such lighting
is screened from adjacent properties.
(11)
Abandonment. A business or identification sign
shall be removed by the property owner within 30 days of the termination
of the use for which such signage was erected.
[Added 7-20-2006 by Ord. No. 14-2006]
G.
Residential districts. In addition to the signs listed in Subsection B of this section, only the following residential signs shall be permitted:
(1)
Signs not to exceed two square feet displaying only
the name and address of the occupant of the lot, provided that not
more than one such sign shall be erected for each occupant of a lot,
unless such lot fronts on more than one street, in which case one
such sign may be erected on each street frontage.
(2)
Signs not to exceed 24 square feet erected to identify
a major subdivision, land development, mobile home park or multifamily
complex provided that only one such sign is located at the main entrance.
(3)
Sign, bulletin, announcement board or identification
sign for schools, churches, hospitals, clubs or other principal uses
and buildings other than dwellings on the same lot therewith for the
purpose of displaying the name of the institution and its activities
or services, provided that the area of any such sign shall not exceed
12 square feet per face and not more than one such sign shall be erected
on any one street frontage.
H.
Commercial districts. In addition to the signs listed in Subsection B of this section, only the following commercial signs shall be permitted:
(1)
On-lot parallel and projecting signs, provided that:
(a)
Parallel signs attached to a main structural
wall of a principal building shall not be located less than eight
feet above the sidewalk (or curb grade if there is no sidewalk) or
any other walkway, and the height of the sign shall not be more than
25 feet. If not projecting more than two inches from a wall of a building,
the sign may be located less than eight feet above the curb grade.
(b)
Projecting signs shall not project more than
72 inches, provided that a portion of such sign shall not be closer
than 48 inches from the outer curbline and not less than eight feet
above the sidewalk (or the curb grade if there is no sidewalk) or
any other walkway.
(c)
The total area of all parallel, projecting and
permanent window signs shall not exceed two square feet of sign area
for each linear foot of horizontal building facade length at ground
level per street frontage. In no case, however, shall the area of
parallel signs exceed 50 square feet and the area of permanent window
and projecting signs exceed 20 square feet; however, permanent window
signs shall not, nevertheless, exceed 30% of the total window area
in which the sign is placed.
[Amended 3-26-1996 by Ord. No. 3-1996]
(d)
In the case of a shopping center or a group
of stores or other business uses on a lot held in single and separate
ownership, the provisions of this section relating to the total area
of parallel or projecting signs permitted shall apply with respect
to each building, separate store or similar use.
(2)
On-lot freestanding signs, provided that:
(a)
As to a permanent business or commercial freestanding
sign on the same lot as the use to which it relates, the total area
of such sign shall be limited to 20 square feet per face.
[Amended 3-26-1996 by Ord. No. 3-1996]
[1]
Freestanding signs not exceeding four feet in
height and placed at least five feet from side lot lines and behind
any street right-of-way lines may be 50 square feet in area per face.
(b)
Sandwich or A-type temporary ground signs.
(c)
No permanent sign shall be located to the rear
of the rear wall of the main building when the rear lot line upon
which it is situated abuts a residential district, except signs that
convey information such as parking, entrances and traffic flow directions.
The area on one side of any such sign shall not exceed eight square
feet. The name of the business located on the lot may appear on such
signs.
(d)
In the case of a shopping center, only two freestanding
signs indicating the name of the center or similar use may be erected.
No portion of a shopping center freestanding sign shall be less than
eight feet above the ground or have a height of more than 25 feet
above the ground. The area of any one side of such sign shall not
exceed 50 square feet. The location and orientation of such sign shall
be shown on the development plan.
(e)
In the case of a group of business uses other
than a shopping center, on a lot held in single and separate ownership,
a single freestanding sign, including individual signs identifying
different establishments, may be erected on a common backing, provided
that the total area of one side of the sign does not exceed 30 square
feet and that any individual sign does not exceed four square feet.
The structural backing for all such signs shall be uniform, and no
sign may extend, in any direction, beyond the outside edge of the
backing. No portion of any such backing shall be less than five feet
or more than 12 feet above the ground.
(3)
Off-lot signs, provided that:
(a)
Off-lot signs shall only be permitted in C-3
Districts.
(b)
Off-lot signs, including but not limited to
commercial advertising signs, shall be limited to one per lot, unless
the lot shall contain more than five acres, in which event the number
of such signs shall be limited to one per each five acres or fraction
thereof. Each such sign shall not exceed 50 square feet in area per
face.
I.
Industrial districts. In addition to signs listed in Subsection B of this section, only the following industrial signs shall be permitted:
(1)
On-lot parallel and projecting signs, provided that:
(a)
All parallel and projecting signs shall not
exceed a combined 20% of the area of the building face to which they
are attached or painted. There shall be a limit of one sign on each
yard fronting a street.
(b)
Projecting signs shall not project more than
72 inches, provided that a portion of such sign shall not be closer
than 48 inches from the outer curbline and not less than eight feet
above the sidewalk (or the curb grade if there is no sidewalk) or
any other walkway.
(2)
On-lot freestanding signs.
(a)
Freestanding signs shall not exceed one square
foot of sign area to two feet of linear lot frontage. The maximum
area of any freestanding sign shall not exceed 75 square feet, and
not more than one such sign shall be placed on each lot in single
and separate ownership unless such lot fronts on more than one street,
in which case one such sign may be erected on each street frontage.
(b)
Any entrance to an industrial or office park
serving five or more tenants may have a single sign indicating the
name of the park and listing each tenant and having a maximum area
of 100 square feet.
(3)
Off-lot signs. Off-lot signs, including but not limited
to commercial advertising signs, shall be limited to one per lot,
unless the lot shall contain more than five acres, in which event
the number of such signs shall be limited to one per each five acres
or fraction thereof. Each such sign shall not exceed 50 square feet
on area per face.
A.
Off-street parking.
(1)
Minimum parking requirements.
(a)
The minimum parking requirements for the buildings, structures and uses listed below shall be provided on the lot upon which such building, structure or use is located or maintained; provided, however, that the minimum parking requirements may be provided, subject to the provisions of § 225-29A(1)(c) on another lot located within 100 feet of the lot upon which is located such building, structure or use (such one-hundred-foot distance to be determined by measuring the most direct route for pedestrian travel along streets), if such other lot is owned at all times by the same person or persons that own the lot upon which is located such building, structure or use for which such minimum off-street parking is required.
[Amended 1-14-1997 by Ord. No. 1-1997; 7-20-2006 by Ord. No.
14-2006]
[1]
Dwellings: two parking spaces for each dwelling
unit; provided, however, that one additional space shall be provided
in the event that said dwelling unit is occupied by three unrelated
persons.
[2]
Church, school, public auditorium or theater:
one parking space for every five seats provided.
[3]
Hotels and motels: one parking space for each
rental unit.
[4]
Boardinghouses: one off-street parking space
for each boarder in addition to the parking spaces per dwelling unit.
[5]
Rooming units: one off-street parking space
for each occupant.
[6]
Eating establishments: one parking space for
every four seats or one parking space for every 50 square feet of
gross floor area used by the eating establishment, whichever shall
require the more parking spaces.
[7]
Retail stores: one parking space for each 100 square feet of gross floor area. (For shopping center see § 225-26E.)
[8]
Wholesale establishments or warehouses: one
parking space for each two owners and each two employees on maximum
shift but at least one parking space for each 5,000 square feet of
gross floor area.
[9]
Manufacturing, industrial and general commercial
uses not otherwise specified: one parking space for each two owners
and each two employees on maximum shift but at least one parking space
for each 5,000 square feet of gross floor area.
[10]
Offices and retail services: one
parking space for each 400 square feet of net floor area.
[11]
Bowling alleys: five parking spaces
for each lane.
[12]
Drive-in establishments: one parking
space for each 50 square feet of gross floor area.
[13]
Nursing home or convalescent home:
one parking space per bed.
[14]
Medical center: six parking spaces
for each person engaged in practice in the medical center plus one
parking space per employee.
[15]
Other uses not specified: the
same requirement as for the most similar use listed; provided, however,
that in no event shall there be fewer than two off-street parking
spaces provided.
[16]
Size of off-street parking space.
An off-street parking space shall have minimum dimensions of nine
feet by 18 feet, except parallel type spaces which shall have minimum
dimensions of nine feet by 22 feet, in each case exclusive of aisles
and driveways. All such spaces on a paved lot shall be clearly marked
on the paved surface. None of the aforementioned minimum dimensions
or parking spaces shall be closer than five feet to any street or
services street right-of-way line.
[18]
Home occupations must comply with § 225-23A(3).
(b)
The above parking requirements shall not apply
to the permitted uses as described in:
[Amended 2-15-2022 by Ord. No. 3-2022]
[2]
§ 225-17B(5).
[4]
§ 225-18B(5).
(c)
Notwithstanding anything to the contrary set forth herein, the minimum parking requirements of Subsection A(1) of this § 225-29 shall not be satisfied as to any lot by the provision of parking on a second lot within 50 feet (measured as provided in Subsection A(1)(a) of this § 225-29) if the effect thereof is to reduce the remaining number of parking spaces on the second lot to a number less than the minimum parking spaces required for the buildings, structures and uses located on the second lot.
[Added 1-14-1997 by Ord. No. 1-1997;
amended 7-20-2006 by Ord. No. 14-2006]
(d)
All parking spaces required by this chapter
shall have free access to and from a public street or public service
street, unobstructed by other parked vehicles or spaces available
for parking. End-to-end parking does not constitute a permitted parking
space.
[Added 7-20-2006 by Ord. No. 14-2006]
(2)
Share parking. One or more parking lots may be designed
to service a multiple number of commercial uses so long as the total
requirements shall be equal to the sum of the requirements of the
component uses computed separately.
(3)
Fractional space. When required minimum parking computations
result in a fraction, that fraction shall require an additional full
space.
[Amended 7-20-2006 by Ord. No. 14-2006]
(4)
Reduction of existing parking. Off-street parking
spaces existing at the effective date of this chapter shall not subsequently
be reduced to an amount less than that required under this chapter.
(5)
Paving. All parking lots and all access drives for
boardinghouses, rooming houses, multifamily, commercial or industrial
uses and all off-street truck loading/unloading areas shall be paved.
The paving of such parking lots and access drives shall be completed
no later than 12 months after the completion of the rough grading
of such parking lots and access drives.
[Amended 3-26-1996 by Ord. No. 3-1996]
(6)
Parking and storage of certain vehicles; obstructions.
(a)
Automotive vehicles or trailers of any kind
or type without current license plates and valid inspection shall
not be parked or stored on any public street or public service street,
nor on any residentially zoned or used property other than in a completely
enclosed building.
[Amended 7-20-2006 by Ord. No. 14-2006]
(b)
In commercial and industrial districts, vehicles
or trailers of any kind or type without current license plates and
valid inspection shall not be parked or stored on any public street
or public service street or on any property, unless parked or stored
within completely enclosed buildings, unless the vehicles or trailers
are for sale at a sales agency dealing in vehicles or trailers.
[Amended 7-20-2006 by Ord. No. 14-2006]
(c)
Any parking space which is required to be provided and maintained in order to fulfill the minimum parking requirements of this § 225-29 for a particular building, structure or use located on a particular lot shall remain available at all times for the purpose of parking vehicles thereon, from time to time, as provided in this § 225-29 and shall not be utilized or obstructed by the permanent or temporary storage or placement of any other property, object or thing, nor shall any such parking space be rented, let or otherwise made available for a fee except in connection with the rental or lease of the lot upon which is located or maintained the building, structure or use for which the parking space fulfills the requirements of this § 225-29.
[Amended 3-26-1996 by Ord. No. 3-1996]
(7)
Parking in yards.
[Amended 2-9-1993 by Ord. No. 2-1993]
(a)
Required parking shall be permitted within required front yards, notwithstanding other requirements of this chapter. Motor vehicles parked within required front yards in residential districts shall be parked within driveways which are paved or are a hard parking surface and shall not occupy more than 25% of the required front yard, except that in the case of townhouses as regulated in § 225-25, front yard paving or a hard parking surface may exceed 25% to the extent necessary to provide access to garages within the townhouses.
(b)
Motor vehicles parked within yards in all zoning
districts shall be parked on an area containing a hard parking surface,
except as otherwise provided for or required by this chapter.
(8)
Services. No repair to or maintenance of vehicles
or trailers if any kind shall be permitted in any parking space, area
or lot except in such districts where such repairs and maintenance
are permitted.
[Amended 7-20-2006 by Ord. No. 14-2006]
(9)
Off-street parking lots. Off-street parking lots, for uses other than for single-family or two-family dwellings or for those uses permitted by §§ 225-25 and 225-26, shall comply with the following requirements:
(a)
Interior passageways and maneuvering space shall
be provided as follows:
|
Parking Angle
(degrees)
|
Passageways and Maneuvering Space
(feet)
|
|---|---|
|
90 to 60
|
22
|
|
59 to 45
|
19
|
|
Less than 45
|
17
|
|
Parallel
|
12
|
(b)
A divider shall be required along the perimeter
of a parking lot, excluding driveways. Such divider shall not occupy
or be permitted within the adjacent street right-of-way.
[Amended 7-20-2006 by Ord. No. 14-2006]
(c)
Except in the case of a single-family dwelling
or a two-family dwelling, the closest point of any parking space or
parking lot shall be located at a distance of at least five feet from
the principal building or other structure on the lot or adjacent lot,
but not closer than three feet to an adjacent lot line, unless such
adjacent lot is in common ownership with the lot upon which the parking
lot is located.
(d)
Parking lots shall not be designed or located
so as to require cars to back into a public street in order to leave
the parking lot.
(e)
Entrance- and exit-ways shall have a minimum
width of 10 feet and maximum width of 12 feet for each lane of traffic
entering or leaving the parking lot.
[Amended 3-26-1996 by Ord. No. 3-1996; 7-20-2006 by Ord. No.
14-2006]
(f)
All dead-end parking lots shall be designed
to provide sufficient backup area for the end stalls of the parking
lot.
(g)
A landscaping plan specifying type, size and
location of existing and proposed planting material shall be submitted
with the application for land development.
(h)
Entrance- and exitways and interior accessways
shall be designed so as to prevent the blocking of vehicles entering
or leaving the parking lot.
B.
Off-street truck loading/unloading.
[Amended 3-26-1996 by Ord. No. 3-1996]
(1)
Required loading/unloading spaces. Every building,
structure or lot located in a Business Commercial (C-1) District,
a Commercial/Residential (C-2) District, a Highway Commercial (C-3)
District or a Light Industrial (LI), Medium Industrial (MI), or Heavy
Industrial (HI) District used for commercial or industrial purposes
shall provide one off-street truck loading/unloading space for the
first 10,000 square feet or less of gross floor area, plus a minimum
of one additional off-street truck loading/unloading space for each
additional 10,000 square feet of gross floor area.
[Amended 7-20-2006 by Ord. No. 14-2006]
(2)
Size of truck loading and/or unloading space. An off-street
truck space shall be a minimum of 12 feet in width, a minimum 55 feet
in depth (length) and have a minimum clear height of 16 feet.
[Amended 7-20-2006 by Ord. No. 14-2006]
(3)
Reduction of existing loading/unloading spaces. Off-street
truck loading/unloading spaces existing at the effective date of this
chapter shall not subsequently be reduced to an amount less than required
under this chapter.
(4)
Additional spaces shall be required for the parking and storage of trucks or trailers in addition to loading and/or unloading spaces as set forth in § 225-29B(1) and other parking requirements set forth in § 225-29A(1).
[Added 7-20-2006 by Ord. No. 14-2006]
All requirements of all ordinances and/or regulations
of the Borough relating to the criteria and requirements of Section
1910.3 of the National Flood Insurance Program Regulations issued
by the United States Department of Housing and Urban Development,
as from time to time amended and supplemented, shall be complied with.
A.
ADULT BOOKSTORE
ADULT MOTION-PICTURE THEATER
CABARET
MASSAGE
MASSAGE PARLOR
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions for purposes of this section. For the purpose of the within § 225-31 of this chapter, the terms, phrases and words herein referred to are defined as follows:
A commercial establishment having as a substantial or significant
portion of its stock-in-trade, books, magazines, photographs or other
materials which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas (as defined below) or an establishment
with a segment or section devoted to the sale or display of such material.
A building or establishment used in whole or in part for
presenting motion pictures distinguished or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas (as defined below) for observation by
patrons therein.
A club, restaurant, bar, tavern, theater, hall or similar
place or establishment which features male and/or female entertainers,
including but not limited to topless or bottomless dancers, entertainers,
strippers or employees, whose performance or activities include, even
though not limited to, simulated sex acts, live or actual sex acts
or other specified sexual activities (as defined below) and/or reveal
or display specified anatomical areas (as defined below).
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of,
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
Any establishment having a source of income or compensation
derived from the practice of massage and which has a fixed place of
business where any person, firm, association or corporation engages
in or carries on the practice of massage; provided, however, that
this definition shall not be construed to include a hospital, nursing
home, medical center or the office of a physician, surgeon, chiropractor,
osteopath or physical therapist duly licensed by the Commonwealth
of Pennsylvania nor barbershops or beauty salons in which massages
are administered only to the scalp, face, neck or the shoulders. In
addition, this definition shall not be construed to include a volunteer
fire department, a volunteer rescue squad or a nonprofit organization
operating a community center, a swimming pool, tennis court or other
educational, cultural, recreational or athletic facilities and facilities
for the welfare of the residents of the area.
B.
Prohibition in residential districts and industrial
districts. It shall be unlawful to establish an adult bookstore, an
adult motion-picture theater, a cabaret or a massage parlor in any
residential districts or industrial districts.
C.
One-thousand-foot separation requirement. It shall
be unlawful to establish an adult bookstore, an adult motion picture
theater, a cabaret or a massage parlor within 1,000 linear feet of
any other adult bookstore, adult motion picture theater, cabaret or
massage parlor.
D.
Allowance of special exception. It shall be unlawful to establish an adult bookstore, an adult motion picture theater, a cabaret or a massage parlor within 500 feet of any school, church, playground, any other area designated as a recreational area or any residential districts, except as a special exception in accordance with the procedure set forth in Article VIII of this chapter. The Zoning Hearing Board may authorize the establishment of an adult bookstore, an adult motion picture theater, a cabaret or a massage parlor within 500 feet of a school, church, playground, any other area designated as a recreational area or any residential districts as a special exception only if the following findings are made by the Zoning Hearing Board:
(1)
That the applicant has presented to the Zoning Hearing
Board a petition which indicates approval of the proposed use by 51%
of the persons 18 years of age or older owning, residing or doing
business within a radius of 500 feet of the location of the proposed
use. The applicant shall have attempted to contact all eligible locations
within this radius and must supply a list of all addresses at which
no contact was made. The circulator of the petition shall subscribe
to an affidavit to the fact that the circulator personally witnessed
the signatures on the petition and that the same were affixed to the
petition by the persons whose names appear thereon.
(2)
That the proposed use will not adversely affect the
safe and comfortable enjoyment of properties in the neighborhood and
will not be detrimental to the general character of the area.
(3)
That the establishment of the proposed use in the
area will not be contrary to any program of neighborhood conversion
and will not interfere with any program of urban renewal.
(4)
That the conditions set forth in § 225-51C of this chapter relating to special exceptions will be met.
(5)
That all other applicable regulations of this chapter
will be observed.
A.
Area and bulk regulations.
(1)
Minimum mobile home park area: two acres.
(2)
Minimum mobile home lot area: 5,000 square feet.
(3)
Minimum mobile home lot width: 40 feet.
(5)
Minimum distance between mobile homes: 30 feet.
(6)
Minimum setback from public streets and mobile home
park boundaries: 50 feet.
(7)
Minimum distance to parking lots: 30 feet.
(8)
Maximum mobile homes per acre: five units.
(9)
Maximum lot coverage per mobile home lot: 35%.
(10)
Maximum paved area per mobile home lot: 25%.
(11)
Maximum mobile home park open space: 10%.
B.
Parking facilities.
(1)
Minimum parking spaces per mobile home: two spaces.
(2)
Maximum distance from mobile home to common parking
lot: 200 feet.
(3)
Parking lots and parking spaces set back from cartway:
20 feet.
(4)
Minimum access to parking lots shall be 12 feet per
lane.
(5)
All access to parking spaces and parking lots shall
be paved.
C.
Additional requirements.
(1)
Curbing shall be required along all cartways and common
parking lots.
(2)
Sidewalk shall be required along all streets. The
sidewalk shall be a minimum of four feet in width and shall conform
to borough standards for public sidewalks.
(3)
Walkways, with a minimum width of two feet, shall
be provided to each mobile home from the sidewalk.
(4)
A concrete patio, which shall be a minimum of 200
square feet in area, shall be provided for each mobile home.
(5)
All mobile homes shall be suitably skirted.
(6)
The maximum slope of the mobile home park shall not
exceed 25%.
(7)
Fuel storage facilities shall be located a minimum
of five feet from mobile homes.
D.
Accessory uses.
(2)
Accessory buildings shall be permitted which contain
laundry, vending and convenience services, which shall only be available
to the residents of the mobile home park.
E.
Utilities.
(1)
All utilities shall be underground in compliance with Chapter 195, Subdivision and Land Development.
(2)
Streetlighting shall be provided which will illuminate all streets and parking lots and be in compliance with Chapter 195, Subdivision and Land Development.
(3)
Each mobile home lot shall be served with individual
electric, sewer and water services.
(4)
Fire hydrants shall be provided in each mobile home
park. The maximum distance from a mobile home to a hydrant shall be
250 feet.
I.
Landscaping. A landscaping plan specifying type, size
and location of existing and placement of proposed trees, shrubs,
hedges and/or grass areas shall be submitted with the application
for land development.
B.
Lighting. Lighting for buildings, uses, accessways
and parking lots shall be so arranged as not to reflect towards public
streets or cause any annoyance or nuisance to building occupants or
adjacent and surrounding property owners or residents.
C.
Storage of trash and rubbish. Storage areas shall
be provided for trash and rubbish and shall be completely screened
from adjacent properties by a minimum visual barrier of five feet
in height. The storage area shall be a minimum of eight feet by eight
feet and shall comply with all setbacks and requirements.
[Added 7-20-2006 by Ord. No. 14-2006]
[Added 3-26-1996 by Ord. No. 3-1996]
A.
Outdoor play areas shall be enclosed with a fence.
(1)
Fences shall be a minimum of 42 inches in height
measured from the adjacent walking surface. Open fences shall have
intermediate rails, balusters or other construction such that a sphere
with a diameter of six inches cannot pass through any opening or under
any fence.
(2)
Fences shall not exceed six feet in height.
[Added 10-17-2017 by Ord.
No. 3-2017[1]]
A.
Purpose.
(1)
To accommodate the need for cellular communications antennas
while regulating their location and number in the Borough.
(2)
To minimize adverse visual effects of wireless communications
antennas and support structures through proper design, siting and
vegetative screening.
(3)
To avoid potential damage to adjacent properties from antenna
support structure failure and falling ice, through engineering and
proper siting of antenna support structures.
(4)
To encourage the joint use of existing and any new antenna support
structures to reduce the number of such structures needed in the future.
(5)
At the discretion of the Kutztown Borough Council, municipal
uses for the purposes of police protection, fire protection, ambulance
service and road maintenance shall be exempt from these regulations.
B.
Use regulations. This section addresses the various types of wireless
communication facilities (WCFs) permitted in the Borough either as
a use by right or by conditional use in all or selected zoning districts.
The following table presents an overview of the various WCF uses and
where they could be permitted.
|
WCF Uses Permitted By Zoning District
| ||
|---|---|---|
|
Permitted By
|
Zoning District(s) Permitted
| |
|
WCF Use Type
| ||
|
Towers on municipal property
|
By right
|
All districts
|
|
New antenna/existing structure
|
By right
|
All nonresidential districts(4)
|
|
Antenna/equipment replacements
|
By right
|
All districts
|
|
New antenna collocation on existing tower(2)
|
By right
|
All districts
|
|
Relocation of existing tower(1)
|
Conditional use
|
All districts
|
|
New antenna/existing structure(3)
|
Conditional use
|
All districts
|
|
New communication tower outside of public right-of-way
|
Conditional use
|
All industrial districts
|
|
New communication tower inside of public right-of-way
|
Conditional use
|
All industrial districts
|
|
New non-tower WCF inside public right-of-way
|
Conditional use
|
All districts (except as otherwise permitted on municipal property)
|
|
NOTES:
| |
|
(1)
|
Height increase of existing structure by 20 feet or less.
|
|
(2)
|
Compliant with "no substantial change" standards.
|
|
(3)
|
Height increase of existing structure in excess of 20 feet.
|
|
(4)
|
Residential districts are R-1, R-2, R-3, R-4, R-5 and C-2.
|
(1)
Permitted uses by right. The following wireless communication
facilities are permitted as a use by right in all or selected zoning
districts subject to the specific requirements set forth below:
(a)
Towers on municipal property. Antennas and/or towers (tower-based
or non-tower-based WCFs), as regulated and defined by this chapter,
are permitted by right on land owned or controlled by Kutztown Borough
without the need for a conditional use approval, provided that a license
and/or lease authorizing such antenna and/or tower has been approved
by the Borough.
(b)
New antenna/existing structure. A new cell site antenna (non-tower
WCFs) may be located on an existing smoke stack, water tower, farm
silo or other tall structure in all nonresidential zoning districts,
provided that:
[1]
A zoning permit is submitted for the cell site
antenna.
[2]
A report is provided from a structural engineer
licensed in the State of Pennsylvania on the structural adequacy of
the existing structure to accommodate the added weight and wind load
of the proposed antenna location.
[3]
The height of the antenna shall not exceed the
height of the existing structure by more than 20 feet above the permitted
height of the applicable zoning district.
[4]
Building-mounted communications antennas shall
not be located on any single-family dwelling.
[5]
Building-mounted communications antennas shall
not be located on any structure appearing on the National Register
of Historic Places or which is designated by the Commonwealth of Pennsylvania
as a historic property.
[6]
Omnidirectional or whip communications antennas
shall not exceed 20 feet in height and seven inches in diameter.
[7]
Directional or panel communications antennas shall
not exceed five feet in height and three feet in width.
[8]
Any applicant proposing communications antennas
to be mounted on a building or other structure shall submit evidence
of agreements and/or easements necessary to provide access to the
building or structure on which the antennas are to be mounted so that
installation and maintenance of the antennas and communications equipment
building can be accomplished.
[9]
Any applicant proposing communications antennas
to be mounted on a building or other structure shall submit detailed
construction and elevation drawings indicating how the antennas will
be mounted on the structure for review by the Building Code Official
(BCO) for compliance to applicable building codes.
[10]
The antenna complies with all applicable FCC and
FAA regulations.
[11]
The antenna complies with all applicable building
codes.
(c)
Antenna/equipment replacements. Replacements of existing antennas
or existing equipment such as electrical cabinets are permitted to
be replaced in all zoning districts subject to:
[1]
Submission of a zoning permit for the antenna/equipment
replacement.
[2]
Provisions of a report from a structural engineer
licensed in the State of Pennsylvania on the structural adequacy of
the existing cell tower to accommodate the added weight and wind load.
[3]
Submission of a plan set and other information
as appropriate to show the proposed replacement work.
[4]
Compliance of the replacement antenna array(s)
with all applicable FCC and FAA regulations.
[5]
Compliance of the replacement array(s) with all
applicable building codes.
(d)
New antenna collocation. Location of a new antenna array on
an existing cell tower is encouraged over the construction of a new
tower location. Collocation of new antennas on existing towers is
permitted in all zoning districts subject to:
[1]
Submission of a zoning permit for the antenna collocation.
[2]
Submission of a plan set and other information
as appropriate to show the proposed collocation work.
[3]
Provision of a report from a structural engineer
licensed in the State of Pennsylvania on the structural adequacy of
the existing cell tower to accommodate the added weight and wind load
of the new antenna array.
[4]
Review of the proposed antenna collocation to determine
if it is considered as a "substantial change" or one which "does not
substantially change" the wireless support structure.
[5]
Timing of the zoning application for a new collocation antenna will be approved within the time frames set forth under Subsection D. Should a zoning variance be required due to a height conflict, the prescribed review period will not start until the required zoning approval has been secured and the application is then deemed to be complete.
[6]
Compliance of the new collocation antenna array
with all applicable FCC and FAA regulations.
[7]
Compliance of the new collocation antenna array
with all applicable building codes.
(2)
Uses permitted by conditional use. The following wireless communication
facilities are permitted subject to conditional use approval from
the Kutztown Borough Council, in all or specific zoning districts
subject to the specific requirements set forth below in additional
to those presented:
(a)
Relocation of an existing tower.
[1]
A tower which is being rebuilt to accommodate the
collocation of an additional antenna may be moved on its site within
50 feet of its existing location as long as all other applicable requirements
have been met.
[2]
After the tower is rebuilt to accommodate collocation,
only one tower may remain on site.
[3]
A relocated on-site tower shall not be relocated
to less than 500 feet from a residential dwelling unit.
[4]
A relocated on-site tower shall continue to be
measured from the original tower location for purposes of calculating
separation distances between towers pursuant to these regulations.
The relocation of a tower hereunder shall in no way be deemed to cause
a violation of these regulations.
[5]
The on-site relocation of a tower which comes within
the separation distances to residential units or residentially zoned
land shall only be permitted by variance.
(b)
New antenna/existing structure. A new cell site antenna (non-tower
WCF) to be located on an existing smoke stack, water tower, farm silo
or other tall structure in all nonresidential zoning districts where
the height of the new antenna will exceed the height of the existing
structure in excess of 20 feet shall require conditional use approval,
provided that:
[1]
A zoning permit is submitted for the cell site
antenna.
[2]
A report is provided from a structural engineer
licensed in the State of Pennsylvania on the structural adequacy of
the existing structure to accommodate the added weight and wind load
of the proposed antenna location.
[3]
Building-mounted communications antennas shall
not be located on any single-family dwelling.
[4]
Omnidirectional or whip communications antennas
shall not exceed 20 feet in height and seven inches in diameter.
[5]
Directional or panel communications antennas shall
not exceed five feet in height and three feet in width.
[6]
A new cell site antenna (non-tower WCF) shall not
be mounted on any structure appearing on the National Register of
Historic Places or which is designated by the Commonwealth of Pennsylvania
as a historic property.
[7]
Any applicant proposing communications antennas
to be mounted on a building or other structure shall submit evidence
of agreements and/or easements necessary to provide access to the
building or structure on which the antennas are to be mounted so that
installation and maintenance of the antennas and communications equipment
building can be accomplished.
[8]
Any applicant proposing communications antennas
to be mounted on a building or other structure shall submit detailed
construction and elevation drawings indicating how the antennas will
be mounted on the structure for review by the Building Code Official
(BCO) for compliance to applicable building codes.
[9]
The antenna complies with all applicable FCC and
FAA regulations.
[10]
The antenna complies with all applicable building
codes.
(c)
New communication tower outside public rights-of-way. New communication
towers (tower-based WCFs) outside of public rights-of-way are permitted
in the industrial districts subject to conditional use approval. Consideration
for approval would be subject to compliance with the criteria listed
below:
[1]
Annual permit fee. The applicant shall pay the
Borough an annual permit fee as set by resolution by the Borough Council.
Applicant shall be required to demonstrate, using technological evidence,
that the tower-based WCF must be located where it is proposed.
[2]
Height. The applicant must demonstrate that the
tower-based WCF is the minimum height required to function satisfactorily.
Maximum height of the tower shall be 150 feet. Accessory facilities
shall meet the height requirements of the zoning district in which
it is located.
[3]
Structure design. The applicant shall demonstrate
that the proposed tower-based WCF is safe and that the surrounding
area will not be negatively affected by support structure failure,
falling ice or other debris, electrometric fields, radio or satellite
frequency interference. A licensed professional engineer shall certify
that the tower can structurally accommodate the number of shared users
being proposed by the applicant and that the tower meets the setback,
requirements, and separation distances.
[4]
Fence. A fence shall be required around the tower-based
WCF and other equipment. The fence shall be eight feet in height.
Any wire on top of the fence shall not be included in the measurement
of the height of the fence.
[5]
Landscaping. The following landscaping shall be
required to screen as much of the tower-based WCF support structure
as possible, the fence surrounding the support structure, and any
other ground level features (equipment cabinets, etc.): An evergreen
screen shall be required to surround the site. The screen can be either
a hedge or a row of evergreen trees. The evergreen screen shall be
a minimum height of six feet at planting, and shall grow to a minimum
height of 15 feet at maturity.
[6]
Separation distance. No communication tower shall
be located within 500 feet of a residential dwelling unit.
[7]
In addition, the existing vegetation on and around
the site shall be preserved to the greatest extent possible.
[8]
Parking spaces. If the tower-based WCF is fully
automatic, two off-street parking spaces shall be required. If the
site is not automated, the number of required parking spaces shall
equal the number of people in the largest shift, but, in any event,
may not be less than two off-street parking spaces.
[9]
Other permitted uses. All other uses associated
with the tower-based WCF, such as a business office, transmission
studio, maintenance depot, or vehicle storage, shall not be located
on the site unless the use is otherwise permitted in the zoning district
in which the site is located.
[10]
Accommodating use. In order to reduce the number
of tower-based WCFs needed in the Borough in the future, any proposed
support structure shall be designed to accommodate other users, including
but not limited to police, fire and emergency services. Prior to proposing
the construction of a new tower, the applicant shall demonstrate that
a reasonable effort has been made to site the antenna on an existing
tower or structure within close proximity of the chosen site. Space
for Borough communication systems, if desired by the Borough, shall
be made available at no cost.
[11]
Building permit. The applicant shall obtain a
building permit in accordance with Borough requirements prior to commencement
of construction or any modification of any existing tower-based WCF.
[12]
Federal Communication Commission. If the use of
a tower-based WCF requires licensing by any state or federal agency,
including but not limited to the Federal Communications Commission
(FCC), the applicant shall present evidence that it has obtained such
license. The applicant shall demonstrate that the proposed wireless
communication tower and communications antennas proposed to be mounted
thereon comply with all applicable standards established by the FCC
governing human exposure to electromagnetic radiation.
[13]
Lighting. No wireless communication towers shall
be artificially lighted except when required by the Federal Aviation
Administration or by state regulations. Communication towers shall
comply with all applicable Federal Aviation Administration, Commonwealth
Bureau of Aviation and applicable airport zoning regulations.
[14]
Lot requirements. A new tower-based WCF may be
permitted as the sole use on a lot, or in combination with an existing
use, except residential, subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable zoning district, and need not be affiliated
with the WCF.
[b]
The minimum lot size shall comply with the applicable
district and shall be the area needed to accommodate the tower-based
WCF, its guy wires, the equipment building, security fence, and buffer
plantings, in addition to the existing use.
[c]
The minimum lot size for a standalone WCF lot shall
be one acre.
[15]
Setbacks. The setback of a tower-based WCF from
all property lines and existing street right-of-way lines shall be
no less than the height of the tower. All guy wire anchors shall be
set back a minimum of 40 feet from the property lot lines and existing
street rights-of-way. No more than one tower shall be permitted on
a single lot.
[16]
Signs. No portion of any communication tower or
antenna shall be used for a sign or other advertising purpose. No
routine lighting of a tower, antenna, or accessory facilities shall
be permitted.
[17]
The WCF shall employ the most current stealth
technology in an effort to appropriately blend into the surrounding
environment and minimize aesthetic impact. Application of the stealth
technology chosen by the applicant shall be subject to approval of
the Borough.
[18]
Annual certification. In January of each year
an inspection shall be performed by an independent engineer acceptable
to the Borough and paid by the applicant, and verification shall be
provided to the Borough Code Official that there have been no changes
in the operating characteristics of the commercial tower-based WCF
as approved at the time of conditional use application, including
at minimum:
[a]
Direction of the signal.
[b]
Frequency, modulation and class of service.
[c]
Transmission and maximum effective radiated power.
[d]
Manufacturer, type and model of equipment.
[e]
Height of antenna.
[f]
Name, address and emergency telephone number of
the operator.
[g]
Copy of current FCC license.
[h]
Review of all reasonable requests of shared use
of the tower.
[19]
Geotechnical investigation. The owner shall complete
and submit geotechnical evaluation of the site in which the communications
tower is to be located. The owner shall demonstrate how the proposed
tower and related infrastructure are to be stabilized and anchored.
[20]
Land development plan. A full site plan prepared
by either a registered surveyor or a professional engineer, with elevations
prepared by a professional engineer, shall be required for tower-based
WCF sites showing the communication tower, buildings, fences, buffering,
access, and any accessory structures. Said plan shall be in accordance
with all applicable subdivision and land development ordinance requirements
of the Borough.[2]
[21]
Occupancy permit. Prior to a certificate of use
and occupancy being issued, the applicant shall provide an engineer's
certification that the tower is constructed as designed and shall
submit the same to the Building Code Official (BCO).
[22]
Access. Access shall be provided to the tower-based
WCF by means of a public street or easement to a public street. The
easement shall be a minimum of 20 feet in width and shall be improved
to a width of at least 10 feet with a dust-free, all-weather surface
for its entire length.
[23]
If a tower-based WCF is to be designed as a structure
or natural feature, the communications tower and antenna shall be
disguised and/or camouflaged within the surrounding area. The type,
style, color, design, size and location of the disguised and/or camouflaged
communications tower and antenna shall be subject to the approval
of the Kutztown Borough Council as part of the conditional use process.
[24]
Removal. The applicant shall submit a plan for
the removal of a tower-based WCF when it becomes functionally obsolete
or is no longer in use. Any antenna or tower that is not operated,
and for which there is no intent or attempt to operate, for a continuous
period of time of 12 months, shall be considered abandoned, and the
owner of such tower or antenna shall remove the same within 90 days
after receipt of notice from the Borough noting the owner of such
abandonment. Failure to remove an abandoned antenna or tower within
said 90 days shall be grounds to remove the tower or antenna, at the
owner's expense. If there are two or more users of a single tower,
then this provision shall not become effective until all users have
abandoned the tower or antenna.
(d)
New communication tower inside public rights-of-way. New communication
towers (tower-based WCFs) of 40 feet or shorter may be permitted inside
the public right-of-way of all industrial districts within the Borough,
provided that they are compliant with the following:
[1]
The location of the proposed tower-based WCF inside
public right-of-way is not located within 50 feet of an area in which
utilities are underground.
[2]
Tower-based WCFs inside public right-of-way are
prohibited in residential areas or areas in which utilities are located
underground.
[3]
Tower-based WCFs inside public right-of-way shall
not be located in the front facade area of any structure.
[4]
The Borough shall determine the time, place and
manner of construction, maintenance, repair and/or removal of all
tower-based WCFs in the public right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Borough and the
requirements of the Public Utility Code.
[5]
Securing of a highway occupancy permit (HOP) from
PennDOT as may be required when the proposed WCF is within a state
highway right-of-way.
[6]
Tower-based WCFs inside public right-of-way and
related equipment shall be located as not to cause any physical or
visual obstruction to pedestrian or vehicular traffic, or to otherwise
create safety hazards to pedestrians and/or motorists or to otherwise
inconvenience public use of the right-of-way as determined by the
Borough.
[a]
In no case shall ground-mounted related equipment,
walls, or landscaping be located within 18 inches of the face of curb
or a minimum of two feet from edge of cartway if no curb.
[b]
Ground-mounted related equipment that cannot be
placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Borough.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Borough.
[d]
Any graffiti on the tower or on any related equipment
shall be removed at the sole expense of the WCF owner.
[e]
Any underground vaults related to tower-based WCFs
shall be reviewed and approved by the Borough.
[f]
The WCF shall employ the most current stealth technology
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the applicant shall be subject to approval of the Borough.
[g]
To the extent permissible under state and federal
law, any height extensions to an existing tower-based WCF shall require
prior approval of the Borough, and shall not increase the overall
height of the WCF to more than 40 feet.
[h]
Any proposed WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for future users.
[i]
Reimbursement for right-of-way use. In addition
to permit fees as described in this section, every tower-based WCF
in the Borough right-of-way is subject to the Borough's right to fix
annually a fair and reasonable fee to be paid for use and occupancy
of the right-of-way. Such compensation for right-of-way use shall
be directly related to the Borough's actual right-of-way management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervising
and other right-of-way management activities by the Borough. The owner
of each tower-based WCF shall pay an annual fee to the Borough to
compensate the Borough for the Borough's cost incurred in connection
with the activities described above. Said fee is to be set by resolution
of the Borough.
[7]
The applicant shall have a certificate of public
convenience issued by the Pennsylvania Public Utility Commission which
grants it the ability to locate new facilities within the public rights-of-way
or be able to cite current Pennsylvania or federal laws or regulations
granting them the ability to so locate.
[8]
Relocation or removal of facilities. Within 60
days following written notice from the Borough, or such longer period
as the Borough determines is reasonably necessary or such shorter
period in the case of an emergency, an owner of a non-tower WCF in
the right-of-way shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any non-tower WCF
when the Borough, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
[a]
The construction, repair, maintenance or installation
of any Borough or other public improvement in the right-of-way.
[b]
The operations of the Borough or other governmental
entity in the right-of-way.
[c]
Vacation of a street or road or the release of
a utility easement.
[d]
An emergency as determined by the Borough.
(e)
New non-tower WCF inside public rights-of-way. New non-tower
WCFs located within the public right-of-way shall be collocated on
existing poles, such as utility poles or light poles. If collocation
is not technologically feasible, the WCF applicant shall locate its
non-tower WCFs on existing poles or freestanding structures that do
not already act as wireless support structures with the approval of
the Borough, provided that they are compliant with the following:
[1]
WCF installations located above the surface grade
in the public right-of-way, including, but not limited to, those on
streetlights and joint utility poles, shall consist of equipment components
that are not more than six feet in height and that are compatible
in scale and proportion to the structures upon which they are mounted.
All equipment shall be the smallest and least visibly intrusive equipment
feasible.
[2]
Antenna and related equipment shall be treated
to match the supporting structure and may be required to be painted,
or otherwise coated to be visually compatible with the support structure
upon which they are mounted.
[3]
The Borough shall determine the time, place and
manner of construction, maintenance, repair and/or removal of all
non-tower-based WCFs in the public right-of-way based on public safety,
traffic management, physical burden on the right-of-way, and related
considerations. For public utilities, the time, place and manner requirements
shall be consistent with the police powers of the Borough and the
requirements of the Public Utility Code.
[4]
Non-tower WCFs and related equipment shall be located
as not to cause any physical or visual obstruction to pedestrian or
vehicular traffic, or to otherwise create safety hazards to pedestrians
and/or motorists or to otherwise inconvenience public use of the right-of-way
as determined by the Borough. In addition:
[a]
In no case shall ground-mounted related equipment,
walls, or landscaping be located within 18 inches of the face of curb,
within two feet of the edge or cartway if no curb, or within an easement
extending onto a privately owned lot.
[b]
Ground-mounted related equipment that cannot be
placed underground shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the Borough.
[c]
Required electrical meter cabinets shall be screened
to blend in with the surrounding area to the satisfaction of the Borough.
[d]
Non-tower WCFs and related equipment shall not
be located directly in front of a residential dwelling unit.
[e]
Any graffiti on the non-tower WCF or on any related
equipment shall be removed at the sole expense of the WCF owner.
[f]
Any underground vaults related to non-tower based
WCFs shall be reviewed and approved by the Borough.
[g]
Relocation or removal of facilities. Within 60
days following written notice from the Borough, or such longer period
as the Borough determines is reasonably necessary or such shorter
period in the case of an emergency, an owner of a non-tower WCF in
the right-of-way shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any non-tower WCF
when the Borough, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change or alteration is reasonably necessary
under the following circumstances:
[i]
The construction, repair, maintenance or installation
of any Borough or other public improvement in the right-of-way.
[ii]
The operations of the Borough or other governmental
entity in the right-of-way.
[iii]
Vacation of a street or road or the release of
a utility easement.
[iv]
An emergency as determined by the Borough.
[h]
Reimbursement for right-of-way use. In addition
to permit fees as described in this section, every non-tower WCF in
the Borough right-of-way is subject to the Borough's right to fix
annually a fair and reasonable fee to be paid for use and occupancy
of the right-of-way. Such compensation for right-of-way use shall
be directly related to the Borough's actual right-of-way management
costs including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting supervising
and other right-of-way management activities by the Borough. The owner
of each tower-based WCF shall pay an annual fee to the Borough to
compensate the Borough for the Borough's cost incurred in connection
with the activities described above. Said fee is to be set by resolution
of the Borough.
C.
Certificate of insurance and bonding.
(1)
The applicant shall submit a copy of a certificate of insurance
evidencing general liability coverage in the minimum amount of $3,000,000
per occurrence and property damage coverage in the minimum amount
of $3,000,000 per occurrence covering the proposed communications
tower and communications antennas. Said insurance coverage shall be
maintained during the useful life of the subject antennas and/or support
structure. There shall be an on-going obligation of the property owner
where the tower is located to secure and submit to the Borough proof
of insurance on an annual basis. All support structures shall be fitted
with anti-climbing devices, as approved by the manufacturers.
(2)
The owner or operator of communications tower and/or antenna
shall post financial security with the Borough in an amount to cover
tower and/or antenna removal and site cleanup. The financial security
shall be used by the Borough in the event the owner or operator fails
to remove the tower and/or antenna within six months of notification
by the Borough. The amount of the financial security and the terms
of agreement shall be subject to the approval of the Borough.
D.
Permit processing time frames. Timing of approval for WCF applications
shall be as follows [new section to reflect recent FCC changes to
"shot clocks" (60, 90 150 days) based on the type of WCF under consideration]:
(1)
For a non-tower WCF:
(a)
Within 30 calendar days of the date that an application for
a non-tower WCF is filed with the Borough, the Borough shall notify
the WCF applicant in writing of any information that may be required
to complete such application.
(b)
Upon submission to the Borough of the additional required information,
the Borough shall within 10 days notify the applicant if the application
is now complete.
(c)
For those applications for non-tower-based WCFs that do not
substantially change the physical dimensions of the wireless support
structure to which they are attached as defined by the WBCA, within
60 days the Borough shall make its final decision on whether to approve
the application.
(d)
For those applications for non-tower-based WCFs that do substantially
change the physical dimensions of the wireless support structure to
which they are attached as defined by the WBCA, within 90 days the
Borough shall make its final decision on whether to approve the application.
(e)
The decision of the Borough shall be made in writing and provided
to the applicant.
(f)
If additional information was requested by the Borough to complete
an application, the time required by the WCF applicant to provide
the information shall not be counted toward the Borough's sixty- or
ninety-day review periods, as applicable. These timing requirements
in this section shall only apply to proposed facilities that fall
under the Pennsylvania Wireless Broadband Collocation Act. (Provision
to put clock on "hold" when additional information has been requested
to make an application complete.)
(2)
For a tower-based WCF:
(a)
Within 30 calendar days of the date that an application for
a new tower-based WCF is filed with the Borough, the Borough shall
notify the WCF applicant in writing of any information that may be
required to complete such application (i.e.: the requirement for a
special exception approval from the Zoning Hearing Board).
(b)
Upon submission to the Borough of the additional required information,
the Borough shall within 10 days notify the applicant if the application
is now complete.
(c)
All applications for tower-based WCFs shall be acted upon within
150 days of the receipt of a fully completed application for the approval
of such tower-based WCF and the Borough shall advise the WCF applicant
in writing of its decision.
(d)
If additional information was requested by the Borough to complete
an application, the time required by the WCF applicant to provide
the information shall not be counted toward the one-hundred-fifty-day
review period. (Provision to put clock on "hold' when additional information
has been requested to make an application complete.)
[1]
Editor's Note: This ordinance also repealed former § 225-33.2,
Commercial communications facilities, added 4-14-1998 by Ord. No.
7-1998, as amended.
[Added 10-17-2017 by Ord.
No. 4-2017[1]]
A.
ACCESSORY BUILDING
(1)
(2)
SOLAR ENERGY
SOLAR ENERGY SYSTEMS
(1)
(2)
WIND ENERGY SYSTEM
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
A use customarily incidental and subordinate to and located
on the same lot occupied by the principal use to which it relates.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
Any solar collector or other solar energy device, or any
structural design feature, mounted on a building's roof or facade
or on the ground, and whose primary purpose is to provide for the
collection, storage and distribution of solar energy for space heating
or cooling, for water heating or for electricity.
SMALL-SCALE SYSTEMSSolar energy systems installed for personal use in residences, commercial properties, and institutions.
LARGE-SCALE SYSTEMSSolar energy systems installed on large parcels of land for the purpose of generating revenue or utility-scale systems installed to benefit the community or an entire institution.
A device which includes a structure and associated mechanism(s)
and supporting components which are installed above ground for the
purpose of generating electrical energy, and may include, but not
be limited to, wind-driven turbines and windmills.
GROUND-MOUNTED SYSTEMA wind energy system which is affixed to a tower or pole which is anchored to a foundation in the ground.
ROOF-MOUNTED SYSTEMA wind energy system, including wind turbines, which is affixed to a tower or pole which is anchored to a building's structural system.
B.
Purpose. The purpose of this section is to provide for the safe and
orderly construction and locating of wind energy systems and solar
energy systems within the Borough of Kutztown. This section pertains
to small-scale alternative energy systems installed for personal use
in residential, commercial, and institutional properties. It does
not pertain to large-scale systems, including those installed primarily
to generate a profit.
C.
Applicable zoning districts.
(1)
Wind energy systems and solar energy systems shall be permitted
within all zoning districts of the Borough subject to the regulations
and conditions contained within this chapter.
D.
Wind energy system conditions.
(1)
Setbacks. A wind energy system shall be located no less than
1.1 times the height of the device from a side or rear property line.
Furthermore, no wind energy system shall be located within 1.1 times
the height of the device from overhead utility lines, and no less
than 1.1 times the height of the device from a street line.
(2)
Location. All wind energy systems shall be located within side
or rear yards.
(3)
Maximum height. The maximum height should be determined by the
setback.
(4)
Ground clearance. The minimum distance between the undisturbed
ground at the base of the device in any protruding blade shall be
20 feet, as measured at the lowest point of arc of the blades.
(5)
Access. All ground-mounted and electrical and control equipment
shall be labeled or secured to prevent unauthorized access. The wind
energy systems shall not provide steps or a ladder readily accessible
to the public for a minimum height of eight feet above the ground
surface.
(6)
Use of guy wires. Wind energy systems shall be standalone structures
that do not require guy wires.
(7)
Lighting and advertising. No artificial lighting, unless required
by the Federal Aviation Administration, signage or any forms of advertising
shall be utilized or attached to the wind energy system.
(8)
Utility lines. All utility lines, including electrical wires
other than wires necessary to connect the wind generator to the tower
wiring, the tower wiring to the disconnect junction box, and the ground
wires, must be installed underground in accordance with the prevailing
standards of the Borough of Kutztown or other servicing utility company.
(9)
Plan. Prior to the erection of a wind energy system within the
Borough, a plot plan of the parcel in which the facility will be located
shall be submitted to the Borough zoning office, which identifies
the property lines, lot area, location of existing, natural or man-made
features, location of the proposed wind energy system, ownership information
for adjoining properties, setback measurements from property and street
lines. Before any construction can commence on any alternative energy
system, the property owner must acknowledge that he/she is the responsible
party for owning and maintaining the alternative energy system.
(10)
A wind energy system, including the tower, shall comply with
all applicable state construction and electrical codes, and the National
Electrical Code. Prior to the issuance of a building/zoning permit
for installation of a wind energy system, the applicant must submit
to the Borough all documentation required by the Borough Building
Code Official to verify that the design of the device complies with
the Pennsylvania Uniform Construction Code, including, but not limited
to, documentation of the structural integrity of the foundation, base
tower, and all pertinent structures; and electrical design. Design
information must be certified by a licensed professional engineer
in the Commonwealth of Pennsylvania.
E.
Solar energy system conditions.
(1)
Solar energy systems constructed prior to the effective date
of this section shall not be required to meet the requirements of
this section; provided that any structural change, upgrade or modification
to an existing solar energy system that materially alters the size
or placement of the existing solar energy system shall comply with
the provisions of this section.
(2)
The height of roof-mounted systems on the principal or accessory
buildings shall not extend more than 10 feet above the finished roof
to which it is mounted. In no instance shall any part of the system
extend beyond the edge of the roof and shall be contained within footprint
of roof.
(3)
The height of ground-mounted solar energy systems shall not
exceed 20 feet in height.
(4)
Solar energy systems must satisfy the minimum zoning district
setback requirements.
(5)
There is no limit to the number of modules and arrays installed on each property that comprise a solar energy system except for the restrictions contained herein in Subsection E(6), (7) and (10). Solar energy systems that are the primary use of a lot or governed by other sections of Chapters 225 and/or 195 of the Kutztown Code.
(6)
Ground-mounted solar energy systems shall not be categorized
as accessory buildings.
(7)
Installation of a solar energy system shall not commence until
both a zoning permit and a building permit that comply with the Pennsylvania
Uniform Construction Code (UCC), Act 45 of 1999, as amended, and the
regulations adopted by the Department of Labor and Industry have been
issued.
(8)
No more than 20% of a lot may be covered with a ground-mounted solar energy system and total lot coverage must not exceed the maximum permitted within the underlying zoning district and any additional stormwater runoff created by the installation of the solar energy system shall comply with Chapter 189[3] of the Kutztown Code.
(9)
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties and roadways.
(10)
Building-integrated photovoltaic solar energy systems shall
be allowed regardless of visibility, provided that the building component
in which this system is integrated meets all required setback, land
use or performance standards for the district in which the building
is located.
(11)
Property owners wishing to install side-mounted panels to the
facade of a structure must present a letter from an engineer attesting
that the structure can support the panels and that the system for
mounting the panels, i.e., awning, is sound.
F.
Noise. The noise standard for wind energy systems and solar energy
systems shall not exceed 55 decibels as measured at the exterior of
any occupied building on a nonparticipating landowner's property.
G.
Abandonment. A wind energy system or solar energy system that has
been abandoned (meaning not having been in operation for a period
exceeding six months) or is defective or that is deemed to have been
unsafe by the Borough Building Code Official shall be required to
be repaired by the owner to meet federal, state and local safety standards,
or be removed by the property owner within the time period allowed
by the Borough's Building Code Official. If the owner fails to remove
or repair the defective wind energy system, the Borough may pursue
a legal action to have the system removed at the owner's expense.
H.
Public inquiries and complaints. The Borough's Zoning office will
handle public inquiries and complaints regarding alternative energy
systems.
I.
Requests for exceptions. Property owners seeking exceptions to any
of the requirements set forth in this section must submit a letter
to the Borough's Zoning office detailing the reasons for the exception.
K.
Review of section. No less than every five years from the date of
enactment of this section the Planning Commission of the Borough of
Kutztown shall conduct a review of this section to determine if new
technologies should be integrated and make recommendations to the
Borough Council regarding amendments, if any, to the section.
[1]
Editor's Note: This ordinance reenacted former § 225-33.3,
Alternative energy systems, added 4-19-2011 by Ord. No. 4-2011, which
repealed itself by operation of law on 4-19-2016.
[Added 10-16-2018 by Ord.
No. 5-2018]
The following uses are permitted by special exception subject
to the following conditions:
A.
Academic clinical research centers, when permitted as a special exception
use in a zoning district, are subject to the following conditions:
(1)
Special design requirements.
(a)
Parking requirements will follow the parking regulations found in § 225-29 of the Borough of Kutztown Zoning Ordinance. Parking and truck loading/unloading requirements shall utilize those listed for commercial school and high schools as appropriate.
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The portions of the academic clinical research center
where the medical marijuana is grown shall not be located in a trailer,
cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
All external lighting serving the academic clinical research
center must be shielded in such a manner not to allow light to be
emitted skyward or onto adjoining properties.
(d)
A divider consisting of a hedge is required where an academic clinical research center adjoins a residential use or district, as defined in § 225-5 of the Borough of Kutztown Zoning Ordinance.
(f)
The academic clinical research center shall require a site plan
review and approval if it is utilizing an existing facility and land
development review and approval if a new facility is being built and
utilized pursuant to the provisions of the Borough of Kutztown Code
of Ordinances.
B.
A grower/processor facility, when permitted as a special exception
use in a zoning district, is subject to the following conditions:
(1)
Special design requirements.
(a)
A grower/processor facility which grows and processes medical
marijuana must be owned and operated by a grower/processor legally
registered with the commonwealth and possess a current and valid medical
marijuana permit from DOH pursuant to the Act.
(b)
A grower/processor facility which grows and processes medical
marijuana can only do so in an indoor, enclosed, and secure building
which includes electronic locking systems, electronic surveillance
and other features required by the DOH. The grower/processor facility
shall not be located in a trailer, cargo container, mobile or modular
unit, mobile home, recreational vehicle or other motor vehicle.
(c)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any grower/processor facility where
medical marijuana growing, processing or testing occurs.
(d)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the DOH policy or policies and shall
not be placed within any unsecure exterior refuse containers.
(e)
The grower/processor facility shall provide only wholesale products
to other medical marijuana facilities. Retail sales and dispensing
of medical marijuana and related products is specifically prohibited
at grower/processor facility.
(f)
All external lighting serving a grower/processor facility must
be shielded in such a manner to not allow light to be emitted skyward
or onto adjoining properties.
(g)
Parking requirements will follow the parking regulations found in § 225-29 of the Borough of Kutztown Zoning Ordinance. Off-street parking regulations shall utilize those listed for industrial, wholesaling or warehousing.
(h)
A grower/processor shall be considered a manufacturing use and
not an agricultural use.
(i)
A divider consisting of a hedge is required where a grower/processor facility adjoins a residential use or district, as defined in § 225-5 of the Borough of Kutztown Zoning Ordinance.
(j)
Entrances and driveways to a grower/processor facility must
be designed to accommodate the anticipated vehicles used to service
the facility.
(k)
The grower/processor facility shall require a site plan review
and approval if it is utilizing an existing facility and land development
review and approval if a new facility is being built and utilized
pursuant to the provisions of the Borough of Kutztown Code of Ordinances.
(2)
The grower/processor facility owner shall submit a copy of its
initial Commonwealth of Pennsylvania issued medical marijuana permit
to the Borough of Kutztown. Annual medical marijuana renewal permits
shall also be submitted to the Borough of Kutztown.
C.
A dispensary facility, when permitted as a special exception use
in a zoning district, is subject to the following conditions:
(1)
Special design requirements.
(a)
A dispensary facility must be owned and operated by a legally
registered dispensary in the commonwealth and possess a current and
valid medical marijuana permit from the DOH pursuant to the Act.
(b)
A dispensary facility may only dispense medical marijuana in
an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(c)
A dispensary facility may not operate on the same site that
a grower/processor facility is located.
(d)
A dispensary facility shall have a single secure public entrance
and shall implement appropriate security measures to deter and prevent
theft of medical marijuana and unauthorized entrance into areas containing
medical marijuana, all of which shall be in accordance with the Act.
(f)
A dispensary facility may dispense only medical marijuana to
certified patients and caregivers as set forth in the Act and shall
comply with all lawful, applicable health regulations, including those
of DOH.
(g)
A dispensary facility may not be located within 1,000 feet of
a property line of a public, private or parochial school or day-care
center. This distance shall be measured in a straight line from the
closest exterior wall of the building or portion thereof in which
the business is conducted or proposed to be conducted, to the closest
property line of the protected use, regardless of municipality in
which it is located.
(h)
Any dispensary facility lawfully operating pursuant to the Act
shall not be rendered in violation of these provisions by the subsequent
location of a public, private or parochial school or day-care center.
(i)
All external lighting serving dispensary facility must be shielded
in such a manner to not allow light to be emitted skyward or onto
adjoining properties.
(j)
Parking requirements will follow the parking regulations found in § 225-29 of the Borough of Kutztown Zoning Ordinance. Off-street parking regulations shall utilize those listed for medical, veterinarian, dental and paramedical offices as appropriate.
(k)
A divider consisting of a hedge is required where a dispensary facility adjoins a residential use or district, as defined in § 225-5 of the Borough of Kutztown Zoning Ordinance.
(l)
Entrances and driveways to a dispensary facility must be designed
to accommodate the anticipated vehicles used to service the facility.
(m)
The dispensary facility shall require a site plan review and
approval if it is utilizing an existing facility and a land development
review and approval if a new facility is being built and utilized
pursuant to the provisions of the Borough of Kutztown Code of Ordinances.
(n)
Any and all other provisions contained in the Act affecting
the construction, use and operation of a dispensary facility.
(2)
A dispensary facility owner shall submit a copy of its initial
Commonwealth of Pennsylvania issued medical marijuana permit to the
Borough of Kutztown. Annual medical marijuana renewal permits shall
also be submitted to the Borough of Kutztown.
[Added 4-19-2022 by Ord. No. 4-2022]
A.
Purpose. The purpose of this section is to allow for outdoor dining
facilities on public sidewalks and private parking lots by establishing
standards for pedestrian safety and circulation and neighborhood protection
and enjoyment.
B.
OUTDOOR DINING FACILITY
Definitions. For the purposes of this section, the terms, phrases,
and words herein referred to are defined as follows:
The extension of an existing restaurant, cafe, coffee shop,
and other similar places of public accommodation preparing and serving
foods for consumption within an existing building, to the extent that
food is permitted to be served and consumed at a table placed on the
public sidewalk and private parking lots.
C.
General requirements:
(1)
It shall be unlawful for any person to erect, construct or maintain
outdoor dining without first applying for and securing a permit as
hereinafter provided.
(2)
Eligible businesses: restaurants, cafes, coffee shops, and other
similar places of public accommodation that offer food for on-premises
consumption.
(3)
Outdoor dining is an accessory use to an eligible business that
serve food.
(4)
If the applicant holds a Pennsylvania Liquor Control Board license
to serve alcohol in the restaurant premises, the applicant must provide
proof of extension from the Pennsylvania Liquor Control Board to extend
their serving to the sidewalk area of their building.
(5)
Eligible outdoor dining area:
(a)
Public right-of-way, including sidewalk within the confines
of the frontage or that portion of the building which the restaurant
is situated.
(b)
Private property, including off-street parking lots on the same lot of adjacent lot as the existing restaurant if permission is secured by the property owners. Parking lot parking spaces can only be used if the parking spaces are not required to meet off-street parking space requirements found in § 225-29A, Off-street parking.
(7)
Outdoor dining facilities located on or near a public sidewalk
shall maintain a minimum continuous, unobstructed path of three feet
for pedestrian traffic. No tables are to be placed within the path
of the crosswalk at the corners of any intersection.
(8)
Outdoor dining facilities shall maintain clear access to ADA
ramps, public utilities, fire hydrants, building entrances, crosswalks,
and bus stops.
(9)
The operator of the outdoor dining area and permit holder shall
remove the outdoor dining area and all the chairs, tables, and equipment
associated with the use and operation thereof immediately following
the cessation of use of the outdoor dining area, whether due to seasonal
or other factors such that the outdoor dining area is not in use for
any significant period of time.
(10)
Outdoor dining facilities may operate between the hours of 7:00
a.m. and 10:00 p.m.
(11)
Outdoor dining facilities shall not cook food outside.
(12)
Outdoor dining facilities shall be kept clean and clear of any
trash or refuse.
(13)
Outdoor entertainment shall only be permitted between the hours
of 4:00 p.m. and 10:00 p.m. The staging area for outdoor entertainment
must be located within the footprint of the outdoor dining facility
and a minimum clear path of three feet shall be maintained for pedestrian
traffic.
(14)
Outdoor dining facilities need not require additional off-street
parking for the additional outside seats.
(15)
Outdoor dining facilities shall require a barrier, such as a
planter or bollard, where they are located within a parking lot. The
barrier, bollard, or planter shall be located between the outdoor
dining area and the area where the vehicles are parked.
(16)
Outdoor dining facilities shall cease operations and be removed
after written notice if the Borough Zoning Officer determines that
the outdoor dining facility is detrimental to the health, safety,
or general welfare of the Borough or its citizens due to:
(a)
Outdoor dining facility outdoor seating is no longer being used
as such; or
(b)
Outdoor dining facility outdoor seating has been temporarily
or permanently closed for violation of any Borough, state, or federal
law and/or regulation; or
(c)
Borough Zoning Officer receives a complaint or complaints from
residents near the outdoor dining facility that the operation of the
outdoor dining facility is detrimental to the health, safety, or general
welfare of the complaining resident and the Zoning Officer determines
such complaint is valid.
[1]
The Borough Zoning Officer shall follow the below
procedure in notifying property owners of complaints that the outdoor
dining facility is detrimental to the health, safety, and general
welfare of the Borough or its citizens:
[a]
An initial notification letter will be sent informing
the property owner of the reasons that the outdoor dining facility
is detrimental to the health, safety, and general welfare of the Borough
or its citizens.
[b]
After the initial notification letter is sent and
if the outdoor dining facility continues to be detrimental to the
health, safety, and general welfare of the Borough of its citizens,
the Borough Zoning Officer will send a warning letter and will hold
a conference with the property owner.
[c]
If after the initial notification letter, followed
by a warning letter and conference with the property owner, the outdoor
dining facility continues to be detrimental to the healthy, safety,
and general welfare of the Borough or its citizens, the Borough Zoning
Officer will inform the property owner, in writing, that the outdoor
dining facility must cease operations and be removed for the remainder
of the current permit. The written notification must include a statement
informing the property owner of the property owner's right to
appeal the decision to the Zoning Hearing Board. The nonrefundable
fee for the property owner to appeal the decision to the Zoning Hearing
Board shall be set at $200.
D.
Application requirements:
(1)
Outdoor dining permit application and initial $25 fee with a
$10 renewal fee thereafter.
(2)
Sketch of the outdoor dining area, including the proposed number
of tables, chairs, and umbrellas, the pedestrian circulation, and
barriers, if required.
(3)
The property owner and outdoor dining facility owner shall each
provide proof of property and a § 1,000,000 liability insurance
policy and agree that the Borough will be held harmless and indemnified
from any claims as a result of use by providing the Borough a certificate
of insurance naming the Borough as an additional insured.
(4)
Property owner consent if proposed outdoor seating area is on
private property.
(5)
Permits are valid for one year. Applicants shall apply for a
permit on an annual basis.
