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.
A. 
In general. An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.
B. 
Yard requirements. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this chapter.
C. 
No accessory building or structure, unless it is a part of the main building, shall be erected, altered or moved to a location within five feet of the nearest wall of the main building.
D. 
An accessory building or structure, other than a fence, shall not be permitted within the required front yard on the lot. A fence, while included within the definition of "structure," may be permitted within the front yard of a lot, provided that it complies with all other provisions of this chapter.
[Amended 8-19-2014 by Ord. No. 1035]
E. 
An accessory building or structure shall not exceed 20 feet in height.
F. 
On every corner lot, on the side of the lot adjacent to a street, no accessory building shall be located within a yard:
(1) 
Equal in depth to the front yard requirement of the zoning district in which the corner lot is located;
(2) 
Or a distance of 40% of the lot width, whichever is less.
G. 
No permanent accessory building or structure shall be constructed on any lot prior to the commencement of construction of the primary building to which it is accessory.
[Amended 11-20-2018 by Ord. No. 1099]
H. 
In residentially zoned districts, the following accessory structures or uses are prohibited outdoors:
(1) 
Wrestling/boxing rings.
(2) 
Archery, shooting or martial arts targets involving the use of bows, arrows, guns, slingshots, paintball weapons, hatchets, axes, spears, or other martial arts throwing equipment or other devices capable of inflicting bodily harm.
(3) 
Trampolines greater than 16 feet in diameter or 220 square feet in area.
(4) 
Recreational equipment and open play systems that exceed 14 feet in height.
I. 
Recreational equipment, including trampolines and open play systems, are prohibited from the front yard, must be a minimum of seven feet from any lot line and shall not encroach into any recorded easement.
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.
A. 
Donation or collection centers or containers, including but not limited to those for clothing, toys, and furniture, may be located within the Light Industrial District only.
B. 
Such centers or containers are not permitted within required front yard setback areas, but they shall be sited so that they comply with side and rear yard setbacks.
C. 
All donations made shall be kept within an enclosed facility that cannot be readily accessed by the public.
D. 
No such center or container shall be allowed to overflow, so that donated items are outside of the facility.
E. 
The owner of the property upon which a center or container is located and/or the owner of the center or container shall be cited by the Borough for noncompliance with these regulations.
F. 
The Borough may, at any time, request the removal of such centers or containers for any violation of these regulations.
A. 
No land, building, structure, or premises shall be used, altered, or occupied in such a manner as to create any dangerous, injurious, noxious, or otherwise objectionable conditions.
B. 
The emission of smoke, dust, fumes, gases, odors, mists, vapors, pollens, and similar matter, or any combination thereof, which can cause any damage to human or animal health, to vegetation or to property, or which can cause any soiling or staining of persons or property at the point beyond the lot line of the use creating the emission, is prohibited.
C. 
Standards concerning such emissions shall be in accord with the rules and regulations of the Commonwealth of Pennsylvania or any applicable Borough ordinance, whichever is more restrictive. Emissions from equipment used for the preparation of food by a properly permitted restaurant or mercantile use shall be allowed in the Central Business District and the General Business District, provided that the emission shall comply with the requirements of this § 455-111, and the termination of the flue or exhaust duct from the emission source shall be located a minimum of two feet above the eave or edge of the closest roof which is above the occupied interior space or adjacent buildings.
D. 
Any operation producing glare and/or heat shall be performed within an enclosed building or in such a manner as not to be visible or to produce any effect beyond the property line of the lot on which the operation is located.
E. 
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration produced as a result of construction activity.
F. 
Every use requiring power shall be so operated that the service lines, substation, or other facilities shall conform to the highest safety requirements. Such use shall be so constructed and installed as to be an integral part of the architectural features of the plant and, except for essential poles and wires, shall not extend into any yard, and shall be suitably screened from streets or any adjacent property which would be deleteriously affected by such use.
G. 
The following shall apply to the storage of materials and the disposal of materials:
(1) 
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground except tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel.
(2) 
All outdoor storage facilities for fuel, raw materials, and products and all fuel, raw materials, and products stored outdoors shall be enclosed by an approved safety fence.
(3) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(4) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
A. 
No building or structure shall exceed the maximum height specified in this chapter.
B. 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses, and domes not used for human occupancy, nor shall they apply to chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above roof level.
[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.
A. 
Newspaper and similar sales racks shall be so located as to not interfere with pedestrian traffic or restrict the width of a sidewalk to less than four feet.
B. 
Such racks shall be adequately secured so that they may not be easily moved or removed from their intended location. Only one such rack shall be allowed at the front of any business.
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.
A. 
Satellite antennas are permitted in all zoning districts.
B. 
Roof-mounted antennas shall not project more than five feet above the roofline.
C. 
Satellite antennas are permitted in the side and rear yards. Satellite antennas are only permitted in the front yard if the diameter of the satellite dish is two feet or less.
D. 
A roof-mounted antenna may project into a required side or rear yards a maximum of 50% of the required yard dimension of the zoning district in which the antenna is to be located.
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]
(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.
[1]
Editor's Note: See Ch. 188, Construction Standards, Art. II, Uniform Construction Code.
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:
[1] 
Closed horizontal loop.
[2] 
Closed vertical loop.
(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.
A. 
All swimming pools that contain at least 24 inches of water and have a surface area of at least 100 square feet shall be enclosed by a permanent fence. Such fence shall be at least four feet in height, and any gates associated with this fence shall be lockable and self-latching. Such fence shall be constructed to prevent illegal entry. No fence shall be required for any above-ground permanent pool that has sides at least four feet above grade and can have its access secured, unless the Zoning Officer determines that conditions warrant greater safety measures.
B. 
All aboveground permanent pools shall be screened by landscaping that shall consist, at a minimum, of shrubs at least four feet high at the time of planting. Such screening shall be in conformance with the standards for screening contained in this chapter.
C. 
Swimming pools and related structures shall be located in a side or rear yard but not within any required yard setback area.
D. 
No swimming pool and related structures shall occupy more than 25% of the net lot area.
E. 
Any floodlighting or other illumination used in conjunction with a swimming pool shall be in conformance with the lighting standards contained in this chapter.
F. 
An approved temporary construction fence shall be erected around the excavation site during the construction of an in-ground swimming pool and shall remain in place until a permanent fence is erected.
G. 
No swimming pool shall be permitted without an operable filtering system using an approved method of treated water.
[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.
A. 
No fence, wall, hedge, shrub or planting shall be maintained between 30 inches above curb level and 10 feet above curb level within the triangular area formed by the street or alley property lines and a line connecting them at points 15 feet from the intersection of the property lines, or in the case of a rounded property corner, from the intersection of the property lines extended. This requirement shall not apply to new land development projects. Calculation of traffic visibility across corners for any new land development project shall be in accordance with Chapter 400, Subdivision and Land Development, of the Code of the Borough of West Reading, § 400-27.
B. 
On any lot where a private drive enters a street, no obstruction between 30 inches above curb level and 10 feet above curb level shall be located within the triangular area formed by the street property line, the private drive line and a line connecting them at points eight feet from their intersection.
C. 
In any zone where signs are permitted, a pole(s) or standard(s) may be located at any point within a required yard or sight triangle if, between the level of 30 inches above curb level and the level of 10 feet above curb level, the diameter or greatest dimensions of the supporting pole(s) or standard(s) does not exceed 10 inches.
A. 
The yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall not be considered as providing a yard or open space for any other building, and neither shall a yard or other open space or another lot be considered as providing a yard or open space for a building on any other lot.
B. 
Where two or more main buildings for other than residential uses are proposed to be built upon property in one ownership, front, side and rear yards are required only at lot lines abutting other property.
C. 
Where a street or highway shown on the street and highway plan has a proposed right-of-way greater than that existing, the front yard requirement shall be measured in accordance with the proposed right-of-way.
D. 
Ground-story bays and porches not over half the length of the front wall may project a distance of five feet into any front yard.
E. 
Chimneys, flues, columns, sills, ornamental features, cornices and gutters may project not more than two feet into any front yard.
F. 
Bays, balconies, chimneys and flues may project into a required side yard not more than 1/3 of its width, or not more than four feet, whichever is less.
G. 
Ground-story bays and porches not over half the length of the side wall may project into any side yard for a distance of four feet.
H. 
Nothing herein contained shall prevent the projection of an emergency exit (open fireproof fire escape) into a required rear or side yard for a distance not to exceed eight feet, but in no case to project beyond the property line.
I. 
Where there is, at the time of the enactment of this chapter, a lot whose width and area is less than that required for the zone in which said lot is located, where the side yard or front yard requirements cannot be met, and where the lot is flanked by buildings existing on the two lots adjoining at the side, both being in other ownership:
(1) 
The lot shall be permitted to be built or rebuilt upon in any zone without requirement of side yards wider than the respective adjacent side yard existing on the adjoining lots.
(2) 
No front yard shall be permitted which is less than the average distance of the setback of the nearest main building or buildings within 100 feet on each side of the said building and fronting on the same side of the street.
(3) 
No requirements for rear yards, side yards, or lot areas contained in this chapter shall prevent the construction of a private garage within the required rear yard of a lot, not meeting the requirements of this chapter upon which a dwelling has been erected prior to the time of enactment of this chapter.
(4) 
Surface parking structures and lots shall be subject to required setbacks of the zone wherein the facility is located except that subsurface parking structures may extend to the property lines.
(5) 
Off-street parking may be permitted in required yard areas providing there is no encroachment into required sight triangles, providing that no more than 50% of the affected required area is utilized, and providing that is it not possible or desirable to place the required off-street parking elsewhere on the lot.
(6) 
Corner lots with four or more sides and fronting on two intersecting streets shall be considered to have two front yards, two side yards and no rear yard. One front yard shall meet the yard requirements for the applicable zone, and the other shall be not less than 15 feet.
(7) 
In the case of irregularly shaped lots, the minimum lot width specified in each district shall be measured at the rear line of the required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the required minimum lot width. In measuring the depth of rear yards, average dimensions may be used where the rear lot line is not parallel with the street line.[1]
[1]
Editor's Note: Former Section 417, Noise control, which immediately followed this section, was repealed 8-19-2014 by Ord. No. 1035. See now Ch. 284, Noise.
[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[1] would be required as a condition of any zoning approval from the Borough.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(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]
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(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[3] affecting the construction, use and operation of an academic clinical research center.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(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.