In the regulations of each district, certain permitted uses are listed. Within each district, the only uses permitted by right in that district are those uses listed as permitted uses in that district. The supplementary regulations set forth in Article
V of this chapter shall apply when applicable.
[Amended 2-9-1993 by Ord. No. 2-1993; 3-26-1996 by Ord. No.
3-1996; 1-14-1997 by Ord. No. 1-1997; 7-20-2006 by Ord. No.
14-2006]
A. Industrial Zoning Districts.
(1) The Industrial Zoning District shall consist of the
following three types of districts:
(a)
LI - Light Industrial District.
(b)
MI - Medium Industrial District.
(c)
HI - Heavy Industrial District.
(2) Each industrial use shall be located in an appropriate industrial zone based upon the utilization limits set forth in this §
225-21.
(3) An industrial use which exceeds a single limit set forth in §
225-21B for an industrial district must be located in the next higher industrial district, except that in an LI District an industrial use may exceed two limits for the LI District listed in §
225-21B, but shall not exceed any limits set forth in the MI District.
(4) An industrial use that exceeds any limit set forth in §
225-21B for the MI District or has any condition meeting the requirements of the HI District set forth in §
225-21B, shall only be permitted in the HI District.
B. Industrial utilization regulations:
(1) Limitations.
|
Condition
|
Light (LI)
|
Medium (MI)
|
Heavy (HI)
|
---|
|
Employees
|
Fewer than 100
|
100 to 250
|
More than 250
|
|
Noise level (dba)
|
|
|
|
|
(a) 1/2 hour after sunrise to 1/2 hour prior
to sunset, Sundays and holidays
|
60
|
65
|
70
|
|
(b) Other than noted in Subsection (a) above
|
50
|
60
|
70
|
|
Water usage
|
3,000 gpd
|
7,500 gpd
|
15,000 gpm
|
|
Sewage discharge
|
2,000 gpd
|
5,000 gpd
|
10,000 gpm
|
|
Sewage treatment
|
Municipal
|
Municipal/
pretreatment
|
Pretreatment
|
|
Traffic volume (trips)
|
250(1)
|
500
|
1,000
|
|
Air filtration
|
Not required
|
Nontoxic dust control
|
Required
|
|
3 or more axle trucks (trips per day)
|
10
|
20(2)
|
More than 20
|
|
Building height (stories or feet)
|
2 or 35
|
4 or 50
|
4 or 50
|
|
Lot size (acres)
|
2
|
5
|
10
|
|
Lot width (feet)
|
150
|
200
|
250
|
|
Lot coverage
|
35%
|
40%
|
45%
|
|
Paved area
|
35%
|
40%
|
45%
|
|
Yards
|
|
|
|
|
|
Front (feet)
|
40
|
40
|
30
|
|
|
Side (feet)
|
30
|
20
|
20
|
|
|
Rear (feet)
|
40
|
20
|
20
|
|
Open space
|
30%
|
20%
|
10%
|
|
Notes:
|
---|
|
(1) Three or more axle trucks not included,
see below.
|
|
(2) Truck terminals excluded.
|
(2) All industrial uses abutting other zoning districts
shall have a minimum yard of 40 feet abutting such zone and shall
provide a minimum landscape area of five feet.
C. Permitted uses.
(1) Industrial uses in conformity with the regulations of this §
225-21 and which shall be carried on in a completely enclosed building and which include the storage, manufacture, assembly, fabrication, packing, testing or other handling of products, excepting related and customary outdoor storage of raw materials and accessory loading facilities.
(2) Commercial uses in conformity with the regulations of this §
225-21 and which:
(a)
Shall be carried on in a completely enclosed
building, except for accessory loading facilities, including wholesale
businesses, storage and warehousing establishments, truck and freight
terminals, delivery and distribution centers, mechanical and vehicle
equipment repair establishments and dry-cleaning and dyeing plants;
or
(b)
The following nonenclosed uses: building materials,
new and used machinery storage and sales, vehicle and trailer sales
and storage, farm equipment and construction machinery establishments.
(3) Business offices in conformity with the regulations of this §
225-21.
(4) Public structures owned or operated by any federal,
state, county government agency or the Borough or municipal authority
authorized by the Borough.
(5) Tobacco/e-cigarette retailers in conformity with the regulations of this §
225-21 and as set forth below in Subsection
C(5)(a) and
(5)(b).
[Added 12-20-2022 by Ord. No. 9-2022]
(a) A tobacco/e-cigarette retailer may not be located within 500 feet
of a property line of a youth-populated area, to include: child day
cares, nursery schools, public schools, parochial schools, institutions
for higher education, private schools, churches or similar places
of worship, libraries, parks and/or playgrounds, and the Borough of
Kutztown Swimming Pool. 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 the
municipality in which it is located.
(b) A tobacco/e-cigarette retailer may not be located within 500 feet
of any other tobacco/e-cigarette retailer. This distance shall be
measured in a straight line, between the closest exterior wall of
the buildings or portions thereof in which the businesses are to be
conducted or are proposed to be conducted.
D. Permitted accessory uses located on the same lot as
a permitted use.
(1) Off-street parking facilities.
(3) Restaurants, cafeterias, or recreational facilities
for employees of permitted use; not to be open to the general public.
(4) Day-care facilities and/or nursery school operated in conjunction with and for the sole use by §
225-21C(1),
(2) or
(3) of this chapter.
(5) Accessory uses, structures or buildings.
E. Uses permitted only by special exception.
(1) Mobile home parks pursuant to §
225-32 of this chapter.
(2) Accessory uses not located on the same lot as the
principal use.
(3) Grower/processor facility in accordance with the use restrictions described in §
225-33.4B.
[Added 10-16-2018 by Ord.
No. 5-2018]
F. Additional regulations for permitted uses.
(1) Odor. No emission of unpleasant gases or other odorous
matter shall be permitted in such quantities as to be offensive outside
the lot lines of the lot on which such gases or odors originate.
(2) Toxic gases. The emission of noxious, toxic or corrosive
gases or fumes injurious to persons, property or vegetation beyond
the lot lines occupied by the use is prohibited.
(3) Glare and heat. Glare and heat generated from any
process shall not produce glare visible, or objectionable heat, beyond
the lot lines of the lot on which the operation is located. Direct
glare from incandescent exposed lights shall not be visible from adjoining
streets or properties.
(4) Liquid wastes or sewage. 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 cause the emission of dangerous objectionable elements
unless treated so that thin soluble substances, such as oils, grease,
acids, alkalines and other chemicals, are in accordance with the standards
as approved by Water Pollution Control Boards, appropriate agencies
of the Commonwealth of Pennsylvania and/or the United States of America,
other Borough regulations or other agencies having jurisdiction.
(5) Vibration. Vibration perceptible beyond the lot lines
of the lot on or in which said vibrations originate shall not be permitted.
(6) Noise. No noise shall be audible beyond the lot lines of the lot on which said noise originates exceeding the noise levels provided for in §
225-21B(1) of this chapter. Objectionable noises due to intermittence, heat, frequency or shrillness shall be muffled.
(7) Smoke, soot or dust. The emission of gray smoke at
a density greater than No. 1 on a Ringelmann Chart, published by the
United States Bureau of Mines, shall not be permitted, except that
gray smoke of a shade not darker than No. 2 may be emitted for not
more than four minutes in any thirty-minute period.
(8) Electric or electronic interference. Electric or electronic
devices shall be shielded in such a manner as not to interfere with
radio or television reception or transmissions of any kind.