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.
(3) 
The applicable provisions of the Borough's Sidewalk Ordinance No. 14-1972, as amended,[1] shall be complied with.
[1]
Editor's Note: See Ch. 192, Streets and Sidewalks.
(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. 
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]
STUDENT HOME
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:
(1) 
Gasoline service stations and any other gasoline sales operations which are conducted separately or as a portion of a convenience store or other retail sales and service establishments.
[Amended 3-26-1996 by Ord. No. 3-1996]
(2) 
Drive-in establishments.
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.
L. 
Signs. Signs shall conform to § 225-28 of this chapter.
M. 
Water, sewage and drainage.
(1) 
All shopping centers shall be required to connect to a public water and sewage system.
(2) 
All provisions of existing Borough ordinances, including but not limited to Chapter 195, Subdivision and Land Development, regarding storm drainage shall be complied with.
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.
(4) 
No commercial or industrial activities except those permitted by this § 225-27 shall be permitted.
[Amended 3-26-1996 by Ord. No. 3-1996]
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.
[17] 
Day care must comply with § 225-33.1B.
[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]
(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. 
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:
ADULT BOOKSTORE
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.
ADULT MOTION-PICTURE THEATER
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.
CABARET
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).
MASSAGE
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.
MASSAGE PARLOR
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.
SPECIFIED ANATOMICAL AREAS
(1) 
Less than completely or opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola; or
(2) 
Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
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.
(4) 
Minimum yard dimensions.
(a) 
Front yard: 25 feet.
(b) 
Side yard: 10 feet.
(c) 
Rear yard: 30 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.
(1) 
Accessory structures and uses shall be permitted in accordance with the provisions of § 225-24.
(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.
(a) 
Accessory buildings shall meet the minimum requirements of Subsection A.
(b) 
Parking shall be provided for accessory buildings in accordance with the provisions of § 225-29.
(c) 
No lean-to or attached accessory structure shall be permitted.
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.
F. 
Streets.
(1) 
Streets shall have a minimum cartway width of 36 feet.
(2) 
Grades and construction shall conform to Chapter 195, Subdivision and Land Development.
G. 
Drainage.
(1) 
A stormwater runoff and drainage system shall be installed in accordance with sound engineering practice.
(2) 
Plans shall be submitted to the Borough for its review.
H. 
Trash and rubbish facilities.
(1) 
On-lot facilities shall comply with Ordinance No. 3-1982[1] of the Borough as from time to time amended or supplemented.
[1]
Editor's Note: See Ch. 185, Solid Waste.
(2) 
Common facilities shall be permitted, provided that:
(a) 
Maximum distance from mobile home to facility shall not exceed 200 feet.
(b) 
Facility shall be located at a common parking lot or a park service building.
(c) 
Screening shall be provided to screen the facility from mobile homes.
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.
A. 
Drainage.
(1) 
A stormwater runoff and drainage system shall be installed in accordance with sound engineering practice.
(2) 
Plans shall be submitted to the Borough for its review.
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.
B. 
Off-street parking. There shall be one space for each person who serves as a caregiver or an assistant, plus:
(1) 
One space per 10 children for the purpose of dropoff or pickup; or
(2) 
Two adjacent curbside spaces manned by a staff person for the purpose of dropoff or pickup.
[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]
[2]
Editor's Note: See Ch. 195, Subdivision and Land Development.
[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
(1) 
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.
(2) 
A use customarily incidental and subordinate to and located on the same lot occupied by the principal use to which it relates.
SOLAR ENERGY
Radiant energy (direct, diffuse, and reflected) received from the sun.
SOLAR ENERGY SYSTEMS
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.
(1) 
SMALL-SCALE SYSTEMSSolar energy systems installed for personal use in residences, commercial properties, and institutions.
(2) 
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.
WIND ENERGY SYSTEM
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.
(1) 
GROUND-MOUNTED SYSTEMA wind energy system which is affixed to a tower or pole which is anchored to a foundation in the ground.
(2) 
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.
(2) 
This section only applies to solar energy systems and wind energy systems that are accessory uses to a primary use on a lot and solar energy systems and wind energy systems that are the primary use of a lot or governed by other sections of Chapters 225 and/or 195[2] of the Kutztown Code.
[2]
Editor's Note: See Ch. 195, Subdivision and Land Development.
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.
[3]
Editor's Note: See Ch. 189, Stormwater Management.
(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.
J. 
Sale of electricity to the Borough. Sales of electricity to the Borough shall be in conformity with Chapter 107, Article III, of the Code of the Borough of Kutztown, found in §§ 107-55 through 107-66 of the Code of the Borough of Kutztown, entitled "Customer Generation."
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.
(e) 
Any and all other provisions contained in the Act[1] affecting the construction, use and operation of an academic clinical research center.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(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.
(l) 
Any and all other provisions contained in the Act[2] affecting the construction, use and operation of a grower/processor facility.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(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.
(e) 
A dispensary facility shall:
[1] 
Not have a drive-through service;
[2] 
Not have outdoor seating areas;
[3] 
Not have outdoor vending machines;
[4] 
Prohibit the administering of, or the consumption of medical marijuana on the premises; and
[5] 
Not offer direct or home delivery service.
(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. 
Definitions. For the purposes of this section, the terms, phrases, and words herein referred to are defined as follows:
OUTDOOR DINING FACILITY
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.
(6) 
All seating areas must comply with all applicable federal, state, and local laws and regulations, including the Americans with Disabilities Act.[1]
[1]
Editor's Notes: See 42 U.S.C. § 12101 et seq.
(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.