This article contains supplemental regulations which apply to
activities within a number of or all districts and which do not require
special action by the Borough Planning Commission (except for subdivisions)
or special exceptions or variances by the Zoning Hearing Board.
[Amended 11-20-2018 by Ord. No. 1099]
Every primary building shall be built upon a lot with frontage upon a street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter
400, Subdivision and Land Development.
Any addition to a building or structure, especially one that
is used for residential purposes, may not be located on any side lot
line and shall comply with the rear yard setback requirement for that
lot.
[Amended 1-25-2022 by Ord. No. 1147; 5-18-2022 by Ord. No. 1152]
Any lot of record existing at the effective date of this chapter
may be used for the erection of a structure conforming to the use
regulations of the zoning district in which it is located, without
a lot area or width variance, even though its lot area and width are
less than the minimum required by this chapter; however, such lot
must comply with the front, rear and side yards, height and lot coverage
standards of the zoning district wherein it is located.
Rainwater collection systems shall be permitted in all zoning
districts, subject to the following conditions:
A. All rainwater collection systems shall have enclosed tops to prevent
access by insects, animals or debris. Tops shall be removable to permit
cleaning of the system.
B. Rainwater collection systems shall have drains which permit the connection
of a typical garden hose for the purposes of utilizing the water and
for the draining of the system for cleaning.
C. All downspouts and gutters shall have strainers and debris diverters
to prevent debris from entering the collection system.
D. The collection system shall have an overflow system so that the rainwater
is diverted back into the rainwater conductor system if the collection
system is full. The overflow shall not be designed to spill out onto
grade.
E. The base that the collection system is set upon shall be able to
support the total load of the weight of the system plus the weight
of the water when the system is full. Collection systems shall not
be permitted to be set on decks or porches unless the structure of
the deck or porch is modified to support the weight of the full system.
Building permits are required for the modifications to the deck or
porch structure.
F. Water collected in these systems shall be used for irrigation or
nonpotable purposes only. Any proposed use of rainwater for nonpotable
purposes within the dwelling or commercial establishment shall be
required to have plumbing permits and shall provide plans for said
system to the Borough for review and approval by the Borough's water
authority and the Plumbing Inspector. Any use of rainwater for nonpotable
purposes must be metered for purposes of billing by the water authority
for the treatment of the sanitary waste.
Accessory alternative energy systems as noted in the following
sections shall be permitted in the zoning districts as set forth in
this section. Primary alternative energy systems where the systems
are operated by an entity to provide power to the grid or to provide
heat to more than one dwelling unit are not permitted in the Borough
except as noted in this section.
A. Solar energy systems. Solar energy systems are permitted by right
as an accessory use in all zoning districts where structures of any
sort are allowed, so long as the system meets the requirements of
this section and all other applicable construction codes as set forth
below or in the Uniform Construction Code as adopted by the Borough.
(1)
Applicability.
(a)
A system is considered a solar energy system only if it supplies
electrical or thermal power primarily for on-site use, except that
when a property upon which the facility is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company. The owner of the solar energy system shall
provide written confirmation that the public utility company has been
informed of the customer's intent to install an interconnected customer-owned
generator and that the utility also approves of such connection. Off-grid
systems shall be exempt from this requirement.
(b)
This section applies to solar energy systems to be installed
and constructed after December 31, 2012.
(c)
Any upgrades, repairs, replacements, modifications or changes
that materially alter the size or placement of an existing solar energy
system shall comply with the provisions of this chapter.
(2)
Design and installation.
(a)
The solar energy system shall comply with all applicable building
and construction codes as amended from time to time and any regulations
adopted by the PA Department of Labor and Industry.
(b)
The design and installation of solar energy systems shall conform
to applicable industry standards, including those of the American
National Standards Institute (ANSI), Underwriters Laboratories (UL),
the American Society for Testing and Materials (ASTM), or other similar
certifying organizations, and shall comply with the Uniform Construction
Code and with all other applicable fire and life safety requirements.
The manufacturer specifications shall be submitted as part of the
application.
(c)
All exterior electrical and/or plumbing lines must be buried
below the surface of the ground and be placed in a conduit.
(d)
Whenever practical, all solar energy systems shall be attached
to a building, or located on an impervious surface. If not designed
to be attached to the building, the applicant shall demonstrate by
credible evidence that such systems cannot feasibly be attached to
a building due to structural limitations of the building.
(e)
Solar energy systems shall be designed and located in order
to prevent reflective glare toward any inhabited structure on adjacent
properties as well as adjacent street rights-of-way.
(f)
No portion of an accessory solar energy system shall be located
within or above any front yard, along any street frontage, nor within
any required setback of any property.
(3)
Height restrictions. Active solar energy systems must meet the
following requirements:
(a)
Building-mounted or roof-mounted solar energy systems shall
not exceed the maximum permitted height in any zoning district. For
purposes for the height measurement, solar energy systems other than
building-integrated systems shall be considered to be mechanical devices
and are restricted consistent with other building-mounted mechanical
devices.
(b)
Ground-mounted or pole-mounted solar energy systems shall not
exceed the maximum accessory structure height within the underlying
district.
B. Wind energy systems. Wind energy systems are permitted by right as
an accessory use in the Light Industrial Zoning District where structures
are allowed, so long as the system meets the requirements of this
section and all other applicable construction codes as set forth below
or in the Uniform Construction Code as adopted by the Borough. The
number of accessory wind systems per property shall be limited to
one.
(1)
Setback. The base of the tower shall be set back from all property
lines, public rights-of-way, and public utility lines a distance equal
to the total extended height. Turbines shall be allowed closer to
a property line than its total extended height if the abutting property
owner(s) grants written permission and the installation poses no interference
with public utility lines or public road and rail rights-of-way.
(2)
Tower height. So long as the total extended height meets noise
and setback requirements, there shall be no specific height limitation,
except as imposed by Federal Aviation Administration regulations.
The total extended height is defined as the height measured from the
grade at the base of the tower to the top of the highest blade or
motor housing.
(3)
Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line, shall not create a noise disturbance, as defined in Chapter
284, Noise, of the Code of the Borough of West Reading, and shall comply with all other requirements of Chapter
284, Noise. Sound levels, however, may be exceeded during short-term events out of anyone's control such as utility outages and/or severe wind storms.
[Amended 8-19-2014 by Ord. No. 1035]
(4)
Wind turbine equipment.
(a)
The design and installation of all accessory wind energy systems
shall conform to applicable industry standards, including those of
the American National Standards Institute (ANSI), Underwriters Laboratories,
Det Norske Veritas, Germanischer Lloyd Wind Energies, the American
Society for Testing and Materials (ASTM), or other similar certifying
organizations, and shall comply with the Uniform Construction Code
and with all other applicable fire and life safety requirements. The
manufacturer specifications shall be submitted as part of the application.
(b)
When an accessory building is necessary for storage cells or
related mechanical equipment, the accessory building shall not have
a floor area exceeding 120 square feet, and shall comply with the
accessory building requirements specified within the underlying zoning
district.
(5)
Requirement for engineered drawings. Building permit applications
for wind energy systems shall be accompanied by standard drawings
of the wind turbine structure and stamped engineered drawings of the
tower, base, footings, and/or foundation as provided by the manufacturer.
Engineer's sealed drawings are required for submission for the building
permit.
(6)
Soil studies. For standard soil conditions (not including gravel,
sand, or muck), foundations developed by the wind turbine manufacturer
shall be acceptable for turbine installations of 20 kW or less and
will not require project-specific soils studies.
(7)
Compliance with FAA regulations. No wind energy system shall
be constructed, altered, or maintained so as to project above any
of the imaginary airspace surfaces described in FAR Part 77 of the
FAA guidance on airspace protection.
(8)
Compliance with National Electric Code. Building permit applications
for wind energy systems shall be accompanied by a line drawing of
the electrical components, as supplied by the manufacturer, in sufficient
detail to permit a determination that the manner of installation conforms
to the National Electrical Code.
(9)
Utility notification. No small wind energy system shall be installed
until evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
(10)
Insurance. Additional insurance beyond homeowners' coverage
may not be required.
(11)
Abandonment. If a wind turbine is inoperable for six consecutive
months, the owner shall be notified that they must, within six months
of receiving the notice, restore their system to operating condition.
If the owner(s) fails to restore their system to operating condition
within the six-month time frame, then the owner shall be required,
at his expense, to remove the wind turbine from the tower for safety
reasons. The tower then would be subject to the public nuisance provisions
of the Borough Code and all other Borough ordinances.
(12)
Signage. All signs, other than the manufacturer's or installer's
identification, appropriate warning signs, or owner identification
on a wind generator, tower, building, or other structure associated
with a small wind energy system visible from any public road shall
be prohibited.
(13)
Lighting. No illumination of the turbine or tower shall be permitted
unless required by the FAA.
(14)
Access. Any climbing foot pegs or rungs below 12 feet of a freestanding
tower shall be removed to prevent unauthorized climbing. For lattice
or guyed towers, sheets of metal or wood may be fastened.
C. Anaerobic digesters. Anaerobic digester systems are not permitted
within the Borough.
D. Geothermal heating systems. Geothermal heating systems shall be permitted
as an accessory use in all zoning districts and shall be subject to
the following regulations:
(1)
Design and installation.
(a)
Only the following types of geothermal energy systems shall
be permitted:
(b)
Open-loop systems are not permitted within the Borough.
(c)
The design and installation of geothermal systems and related
boreholes for geothermal heat pump systems shall conform to applicable
industry standards, including those of the American National Standards
Institute (ANSI), the International Ground Source Heat Pump Association
(IGSHPA), the American Society for Testing and Materials (ASTM), the
Air-Conditioning and Refrigeration Institute (ARI), or other similar
certifying organizations, and shall comply with the Uniform Construction
Code and with all other applicable federal, state and Borough requirements.
The manufacturer specifications shall be submitted as part of the
application.
(d)
For closed-loop systems, the following shall apply:
[1]
For all closed-loop geothermal systems relying upon circulating
fluids, only nontoxic, biodegradable circulating fluids such as food
grade propylene glycol shall be permitted.
[2]
All horizontal closed-loop systems shall be no more than 40
feet deep.
(2)
Height and setback restrictions.
(a)
All horizontal closed-loop systems shall be no more than 40
feet deep.
(b)
Unless otherwise specified, geothermal system shall be located
a minimum distance of 10 feet from any property line.
(c)
Aboveground equipment associated with geothermal pumps shall
not be installed in the front yard of any lot or the side yard of
a corner lot adjacent to a public right-of-way and shall meet all
required setbacks for accessory structures in the applicable zoning
district.
(d)
Geothermal heating systems for use by more than one property
shall be permitted under this chapter with the following conditions:
[1]
All property owners of the properties on which the multi-property
geothermal piping system is located or properties which draw heat
or cooling from this system shall provide permanent recorded easements
for the installation and maintenance of the system.
[2]
All properties which utilize the multi-property geothermal system
shall be party to an agreement whereby they accept responsibility
for the installation and maintenance of the geothermal system.
[3]
Should the parties included in this agreement decide that the
use of the system shall be discontinued, there shall be documentation
provided to the Borough showing that the parties are in agreement
to the removal of the system.
(3)
Abandonment. If the geothermal system remains nonfunctional
or inoperative for a continuous period of one year, the system shall
be deemed to be abandoned and shall constitute a public nuisance.
The owner(s) shall remove the abandoned system at their expense after
a demolition permit has been obtained in accordance with the following:
(a)
The heat pump and any external mechanical equipment shall be
removed.
(b)
Pipes or coils below the land surface shall be filled with grout
to displace the heat transfer fluid. The heat transfer fluid shall
be captured and disposed of in accordance with applicable regulations.
The top of the pipe, coil or boring shall be uncovered and grouted.
E. Outdoor wood-fired boilers. Outdoor wood-fired boilers (OWB) are
not permitted within the Borough.
[Amended 8-19-2014 by Ord. No. 1035]
A. A temporary structure, necessary during construction or other special
circumstances of a temporary nature, may be permitted for a specific
time period only, which will be determined by the Zoning Officer.
B. A permit, authorizing such structure, is required prior to its erection.
Such permit may be renewed at the discretion of the Zoning Officer,
and such permit may be revoked for nuisance or violation of the terms
of the permit at the discretion of the Zoning Officer.
C. A temporary structure shall be removed completely within 30 days
of the expiration of the permit or the point at which said structure
is no longer needed.
D. A temporary use may be authorized only if it is a permitted use in
the zoning district where it is proposed to be located. Buildings
which are proposed to house a temporary use shall, at a minimum, have
the following public safety, life safety and fire safety features:
(1)
All existing fire and life safety features of the building,
such as emergency lighting, fire alarm systems and exit signs, must
be fully functional and operating during the temporary occupancy period.
Modifications to these systems shall not be required for the temporary
use, but the existing systems must be functional and operating.
(2)
Each temporary use must have at least one five-pound ABC type
fire extinguisher present in the areas being occupied.
(3)
A temporary use must have an operational toilet facility for
use by the staff. Modifications to this toilet facility for accessibility
shall not be required. This requirement does not apply to temporary
structures, such as tents.
(4)
A temporary use serving food or beverages to the public shall
have a minimum of one operational toilet facility available for use
by the public. Modifications to this toilet facility for accessibility
shall not be required. This toilet facility can also serve as the
required staff toilet.
(5)
Signage for this temporary use shall be allowed to remain for
the duration of the permit and shall not exceed 20 square feet in
area.
E. The temporary use shall be inspected by the Borough prior to occupancy.
F. The temporary use shall, in no event, be maintained longer than 60
calendar days from the start of the occupancy.
[Amended 9-20-2022 by Ord. No. 1154]
When any property is illuminated, such illumination shall be
so designed and located that the light sources are shielded from adjoining
properties and streets. No direct beams of light shall be directed
toward adjacent properties or roads. No lighting shall be utilized
in such a manner to produce a nuisance beyond the lot property line.
The use of rope lights, strip lights and tape lights are prohibited.
The use of animated or strobe lighting which flashes, blinks, twinkles,
and any other lighting where there is time between transition is prohibited.
[Added 11-20-2018 by Ord.
No. 1099]
A. Medical marijuana grower/processor.
(1)
A permit from the Pennsylvania Department of Health for the
conduct of a medical marijuana grower/processor operation under the
Medical Marijuana Act would be required as a condition of any zoning approval
from the Borough.
(2)
The growing of medical marijuana can only be conducted by a
"grower/processor" permitted under the Medical Marijuana Act and cannot
be conducted separate from the processing activity.
(3)
A grower/processor shall meet the same municipal zoning and
land use requirements as other manufacturing, processing and production
facilities that are located in the same zoning district, as well as
any additional special standards applicable to this use as may be
required under the Medical Marijuana Act.
(4)
A medical marijuana grower/processor use is not considered as
an agricultural use, but rather as a manufacturing use.
(5)
A grower/processor facility, which grows 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 Pennsylvania Department of Health. 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.
(6)
The maximum floor area of grower/processor facility shall be
limited to 20,000 square feet, of which sufficient space must be set
aside for secure storage of marijuana seeds, related finished product,
and marijuana related materials used in production or for required
laboratory testing.
(7)
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.
(8)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the Pennsylvania Department of Health
policy or policies and shall not be placed within any unsecure exterior
refuse containers.
(9)
The grower/processor facility shall provide only wholesale products
to their medical marijuana facilities. Retail sales and dispensing
of medical marijuana and related products is specifically prohibited
at grower/processor facility.
(10)
Any medical marijuana facility lawfully operating pursuant to
the Medical Marijuana Act shall not be considered in violation of
these provisions by the subsequent location of a public, private or
parochial school or day-care center.
B. Medical marijuana dispensary.
(1)
The dispensing of medical marijuana can only be conducted by
a health care medical marijuana organization permitted under the Medical
Marijuana Act.
(2)
A dispensary may only dispense medical marijuana in an indoor,
enclosed, secure facility and shall not be located in a trailer, cargo
container, mobile or modular unit, mobile home, recreational vehicle
or other motor vehicle.
(3)
A dispensary may not operate on the same site as a facility
used for the growing and processing of medical marijuana.
(4)
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 Medical
Marijuana Act.
(5)
A dispensary facility shall be a maximum of 3,000 gross square
feet, of which no more than 500 square feet shall be used for secure
storage of medical marijuana, and shall have an interior customer
waiting area equal to a maximum of 25% of the gross floor area of
the dispensary facility.
(6)
A dispensary facility shall:
(a)
Not have a drive-through service;
(b)
Not have outdoor seating areas;
(c)
Not have outdoor vending machines;
(d)
Prohibit the administering of, or the consumption of, medical
marijuana on the premises; and
(e)
Not offer direct or home delivery service.
(7)
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 Pennsylvania Department of Health.
(8)
A dispensary facility shall be a minimum distance of 1,000 feet
from the next nearest medical marijuana facility. This does not include
complimenting or supporting businesses covered by different definitions.
This distance shall be measured in a straight line from the closest
exterior walls of the buildings or portions thereof in which the businesses
are conducted or proposed to be conducted, regardless of municipality
in which it is located. This separation distance does not apply to
the distance between the grower/processor facility or academic clinical
research centers and the specific dispensary facility they serve,
or with which they partner.
(9)
A dispensary may sell medical devices and instruments, which
are needed to administer medical marijuana.
(10)
A dispensary shall meet the same municipal zoning and land use
requirements as other commercial facilities that are located in the
same zoning district, as well as any additional special standards
applicable to this use as may be required under Pennsylvania Act 16.
(11)
Medical marijuana may only be dispensed to a patient or caregiver
who receives a certification from a practitioner and is in possession
of a valid identification card issued by the Pennsylvania Department
of Health under the requirements of the Medical Marijuana Act.
C. Academic clinical research centers.
(1)
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 Pennsylvania Department of Health. 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.
(2)
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.
(3)
A buffer planting is required where an academic clinical research center adjoins a residential use or district, pursuant to §
455-144A of the Borough of West Reading Zoning Ordinance.
(4)
Any and all other provisions contained in the Medical Marijuana
Act affecting the construction, use and operation of an academic
clinical research center.
(5)
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 West Reading
Code of Ordinances.