An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth pursuant to the Act.[1]

A portion of a dwelling utilized as a separate living arrangement located within a one-family dwelling for a relative who requires assistance with activities of daily living (ADL), provided that the area utilized for the separate living arrangement is subordinate in size to the principal dwelling unit, and that the appearance of the structure as a one-family dwelling is maintained.

The Pennsylvania "Medical Marijuana Act" (PA Act 16, 2016).[2]

See "sign, advertising."

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities; the term includes an enterprise that implements changes in production practices and procedures of types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry and animal husbandry.

Any change or rearrangement in the structural parts or in the existing facilities of a building or structure or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building or structure from one location or position to another.

See "dwelling, multifamily."

A landowner or developer who has filed an application for any of the following: permit, development, variance, special exception or any other relief provided for by this chapter; the term includes the heirs, successors and/or assignees of the landowner or developer.

See "building, attached."

That part of a building which is immediately below and wholly or partly within the roof framing.

A body politic and corporate created pursuant to the Act of May 2, 1945, as amended and supplemented, and known as the "Municipality Authorities Act of 1945."[3]

A story partly below the finished grade having less than 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the finished grade which abuts the exterior walls of the building. A "basement" shall be considered as one story in determining the permissible number of stories.

Any structure or equipment at a fixed location that enables FCC-licensed or authorized communications between user equipment and a communications network. Includes structures other than towers that support or house an antenna, transceiver, or other associated equipment that constitutes part of a "base station" at the time the relevant application is filed with the state or municipal authorities, even if the structure was not built for the sole or primary purpose of providing such support, but does not include structures that do not at the time support or house base station components. The term includes buildings, light poles, utility poles, water towers, etc., as well as DAS systems and small cells.

A detached building containing overnight sleeping accommodations and bathroom facilities for not more than 15 transient guests at any one time in not more than five rooms and wherein breakfast only is provided for said guests; and wherein guests are not permitted to stay more than 21 consecutive days. For purposes of Chapter 225, in the event that the bed-and-breakfast facility is landowner-occupied, it shall also be considered a boardinghouse and, in such event, the bed-and-breakfast facility shall only be a permitted use in those zoning districts in which a boardinghouse is a permitted use; and in the event that the bed-and-breakfast facility is not landowner-occupied, then said facility shall also be considered a rooming house and, in such event, the bed-and-breakfast facility shall only be a permitted use in those zoning districts in which a rooming house is a permitted use. Moreover, all supplementary regulations in Chapter 225 pertaining to boardinghouses shall also apply to a bed-and-breakfast facility that is landowner-occupied, and all supplementary regulations of Chapter 225 pertaining to a rooming house shall also apply to a bed-and-breakfast facility that is not landowner-occupied.

See "sign."

A tract of land or a lot or group of lots bounded on all sides by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Borough or by any combination thereof.

That portion of a block or lot which abuts on a single street.

An owner-occupied dwelling in which the owner lets or provides rooms for compensation for boarders and where the total number of persons residing in the dwelling exceeds three persons.

The Zoning Hearing Board of the Borough of Kutztown.

The Borough of Kutztown, Berks County, Pennsylvania.

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Borough.

Any combination of materials forming any structure which is erected on the ground and permanently affixed thereto and designed, intended or arranged for the housing, sheltering, enclosure or structural support of persons, animals or property of any kind. The building area shall be the total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions and all roofed porches or terraces.

A building which has two side walls or portions thereof in common with adjacent buildings.

A building surrounded by open space on all four sides within the same lot.

The average of the vertical distances from the average grade at the front of the building and the average grade at the rear of the building to the highest point of the roof of a flat roof and to the mean height between eaves and ridge for gabled, hipped and pitched roofs.

The line within a property establishing the minimum required distance between any building or structure or portions thereof to be erected or altered and an adjacent right-of-way. Such line shall be measured at right angles from the front street right-of-way line which abuts the lot upon which said building or structure is located or to be located and shall be parallel to said right-of-way line.

A building which has one adjacent wall or portion thereof in common with an adjacent building situated on an adjacent lot. In no event shall any end unit of a group of townhouses be deemed to be a semidetached building.

A term used to describe the size, volume, area or shape of buildings or other structures and their physical relationship to each other, open space, tracts of land, lot lines or other buildings or structures.

Any facility operated for profit or pecuniary gain which is not licensed by the Pennsylvania Liquor Control Board wherein patrons may consume alcoholic liquors, alcohol or malt or brewed beverages which said patrons have carried or brought into the premises. The term shall not include a licensee under the Liquor Code. The permissibility of a use of land involving to any extent a BYOB club shall be determined according to the principal intended use.

The individual designated by a patient to deliver medical marijuana pursuant to the provisions of the Act.[4]

A roofed-over structure open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.

An area partly below the finished grade having more than 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the finished grade which abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.

The Governor’s Center for Local Government Services located within the Commonwealth of Pennsylvania Department of Community and Economic Development.

A statement, based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign and/or lot complies with this Zoning Chapter and/or that a building, structure, sign and/or lot may be lawfully employed for specific uses, or both, as set forth therein.[5]

The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth pursuant to the Act.[6]

An entity that:

The mounting of one or more wireless communication facilities, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.

A parcel(s) of land, an area of water or a combination of both within a development site designed and intended for use or enjoyment of residents of a development. "Common open space" does not include streets, off-street parking areas, parking lots and areas set aside for public facilities.

The Commonwealth of Pennsylvania.

Real estate, portions of which, in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980, as amended,[7] are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a "condominium" unless the undivided interests in the common elements are vested in the unit owners.

An agreement or correspondence between matters being compared which denotes a reasonable, rational, similar connection or relationship.

An establishment providing nursing, dietary and other similar personal services to convalescents, invalids or aged persons, but excluding cases of surgery and other treatments customarily provided in hospitals, sanitariums and similar institutions.

A land use and growth management plan prepared by the Berks County Planning Commission and adopted by the County of Berks Commissioners which establishes broad goals and criteria for municipalities to use in preparation of their comprehensive plans and land use regulations.

Final adjudication of the Zoning Hearing Board or other body granted jurisdiction under this chapter or any other land use ordinance of the Borough, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Berks County.

See "building, detached."

Final action by an officer, body or agency charged with the administration of this chapter or any other land use ordinance of the Borough or applications thereunder, except the following: the governing body, the Zoning Hearing Board or the Planning Commission, only if and to the extent that the Planning Commission is charged with final decision on preliminary or final plans under Chapter 195, Subdivision and Land Development. Determinations shall be appealable only to the Zoning Hearing Board or such other board designated as having jurisdiction for such appeal.

Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.

The provisions for development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit issued by the Department of Health ("DOH") of the commonwealth to dispense medical marijuana pursuant to the provisions of the Act.[8]

Any building or structure used to dispense medical marijuana and medical devices and instruments needed to administer medical marijuana by a licensed dispensary.

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

A portion of the Borough of Kutztown within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.

The Pennsylvania Department of Health.

A detached building, other than a fraternity, sorority, hotel or motel, occupied by and maintained exclusively for students affiliated with an accredited academic or professional college or university or other recognized institution of higher learning.

A building arranged, intended, designed or used as the living quarters for one or more families living independently of each other within the building. The term "dwelling" shall not be deemed to include hotel, motel, rooming house or tourist home.

A building or portion thereof providing one or more rooms arranged for the use of one family and having separate cooking and sanitary facilities for the use of only that family.

A condition that (1) constitutes a clear and immediate danger to the health, welfare or safety of the public, or (2) has caused or is likely to cause facilities in the right-of-way to be unusable and result in loss of the service provided.

The erection, construction, alteration or maintenance by public utilities or municipalities or other governmental agencies of underground or overhead gas, electric, sewer or water transmission or distribution systems or collection, communication, supply or disposal systems. Commercial communications antennas, commercial communications towers and commercial communications facilities are not essential services.

A lot used for periodical gatherings for the exhibition of agricultural, commercial and industrial goods, which may include the sale of goods associated with said exhibition. The forenoted activities may include shows and entertainment.

An area of land primarily used for agriculture.

Recent Federal Communication Commission Rules effective April 8, 2015, which regulate both traditional telecommunication towers as well as distributed antenna systems and other small cells. Applicable rules reflected in the requirements as set forth in § 225-33.2 of this Kutztown Borough Code relate to FCC Rules 47 U.S.C § 1455(a) [also known as § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012] and 47 U.S.C. § 332(c)(7).

A barrier constructed of wood, metal, chain link or similar materials designed for the purpose of limiting or excluding access to a lot or for the purpose of screening a lot or portion thereof from the exterior of the lot.

The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating buildings.

The harvesting of more than 25 live trees with a trunk width of six inches or more at a height of 4.5 feet above the average ground level on any tract or lot within a calendar year. This term shall not apply to the following, which are permitted by right uses in zoning districts:

The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variant and quantity or percentage of medical marijuana or particular active ingredient.

A detached building occupied by and maintained exclusively for students affiliated with an accredited academic or professional college or university or other recognized institution of higher learning.

An enclosed space designed primarily for the storage of one or more private motor vehicles, provided that no business, occupation or service is conducted nor space therein leased to a nonresident of the lot.

A structure, building or area of land or any portion thereof that is used primarily for the sale of gasoline or any other motor vehicle fuel, which may or may not include facilities for lubricating, washing, sale of accessories and otherwise servicing motor vehicles, but not including body repair or painting thereof. Any business or industry dispensing gasoline only for its own use and vehicles will not be deemed to be a "gasoline service station."

That which exhibits consistency.

The Borough Council of the Borough of Kutztown.

The average finished ground elevation, slope or level adjoining the building or structure.

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a current and valid permit from the DOH to grow and process medical marijuana in the commonwealth, pursuant to the provisions of the Act.[10]

Any building or structure used to grow and process medical marijuana by a licensed grower/processor that has a current and valid permit from the DOH pursuant to the Act.

A hard, homogeneous, all-weather surface.

An administrative proceeding conducted by the Board pursuant to Article VIII.

A row of closely planted evergreen shrubs, bushes or trees forming a continuous barrier or fence so as to restrict passage and visibility.

The vertical distance measured from the grade at the front of the structure or sign to its highest point. The highest point in the case of a sign shall include the supporting structure.[11]

A use conducted entirely within a dwelling unit and carried on by any resident thereof incidental and secondary to the use of the dwelling unit, which does not change the character or have any exterior evidence other than a small nameplate sign. The definition of "home occupation" shall exclude any activity which falls within the definition of "no-impact home-based business."

A building or group of buildings containing individual rooms for rental, primarily for transients, with common hallways for all or a group of rooms on the same floor.

Any of the following activities:

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.

An area for the planting and arrangement of trees, shrubs, grass and/or flowers, which may or may not be continuous on a position of open space.

The act of permitting a unit to be used to provide a living arrangement for one or more persons not the owner thereof or the owner’s family, whether or not for compensation.

A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required. The term "lot" shall mean parcel, plot, site or any similar term.

An area of land which is determined by the limits of the property lines bounding that area and expressed in square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

A lot at the point of intersection of and abutting on two or more intersecting streets and which has an interior angle of less than 135° at the intersection of two street lines.

A percentage of lot area which may be covered by principal and accessory buildings and structures (sometimes referred to as "building coverage").

A lot other than a corner lot, the sides of which, other than the front or rear, do not abut a street.

Any line dividing one lot from another lot, from a right-of-way or watercourse, or any combination thereof.

The mean width measured at the building setback line between side lot lines and parallel to the front lot line, but in no case shall the street frontage or average lot width between front and rear lot lines be less than 1/2 of the required lot width in the particular district.

An establishment for the care, diagnosis and treatment of sick, ailing, infirm or injured persons who are not provided with room or board and are not kept overnight on the premises.

Marijuana for certified medical use as legally permitted by the commonwealth and the provisions of the Act.[13]

A dispensary facility or a grower/processor facility.

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and is constructed so that it may be used without a permanent foundation.

A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvements, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

A WCF which consists of a single-pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

A building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and offered principally for rental and use by motor vehicle travelers. The term "motel" includes but is not limited to auto courts, motor courts, motor inns, motor lodges or roadside hotels.

See "authority."

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

A lot which does not conform to the applicable provisions and requirements of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto.

A structure or building, or part thereof, which does not conform to the applicable provisions and requirements of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto. "Nonconforming structures" shall include, but are not limited to, nonconforming signs. However, no existing structure or building shall be deemed nonconforming solely because of the existence of less than the required open space.

The use of a building, structure, sign or any land which does not conform to the applicable provisions and requirements of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces and/or required open space.

A non-tower WCF, including but not limited to antennas and related equipment. Non-tower WCFs shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

See "day-care facility."

An establishment providing nursing, dietary and other similar personal services to convalescents, invalids or aged persons, but excluding cases of surgery and other treatments customarily provided in hospitals, sanitariums and similar institutions.

The Borough of Kutztown's Zoning Map.

Unoccupied space open to the sky and on the same lot with the principal use or accessory use and without any artificial surface thereon, planted with grass or landscaped with trees, shrubs or hedges.

An off-street paved area designed solely for the parking of four or more motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.

An off-street space, exclusive of driveways, passageways and maneuvering space.

The Pennsylvania Construction Code Act, also known as the "Pennsylvania Uniform Construction Code, Act 45 of 1999," as amended by Act 158 of 2004, 35 P.S. §§ 7210.101 through 7210.1103, and its regulations, as amended, restated, supplemented or replaced from time to time.

Concrete, bituminous concrete, asphalt or like material.

A generation of wireless phone technology that combines a range of features and services surpassing those available in analog and digital cellular phone systems, providing a user with an all-in-one wireless phone, paging, messaging, and data service.

The Borough of Kutztown Planning Commission.

When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

Land use for agricultural purposes that contain soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resources and Conservation Services County Soil Survey.

A formal meeting held pursuant to public notice by the governing body or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

A forum held pursuant to notice under the Act of July 3, 1986, known as the "Sunshine Act," as amended and supplemented.[14]

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the public hearing and the particular nature of the matter to be considered at the public hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the public hearing.

Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.

A person related by blood, marriage, adoption or other decree of legal custody.

The replacement of existing wireless telecommunication facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant, other than a solicitor, to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

A retail food service establishment, with or without the sale of beer, wine or liquor. Food sales shall account for at least 55% of gross income.

A building or part thereof which is used for display and sales that involve stocks of goods, wares and merchandise for sale to and accessible to the public.

Located in a building or part thereof which is used for the transaction of business, for the rendering of professional services, or for other services that involve stocks of goods, wares or merchandise in limited quantities incidental to the purpose of the service and/or for sample purposes.

The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or thereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

A building other than a fraternity, sorority, hotel, motel or one-family dwelling, in which building the owner, provides for compensation or lets, rooms for lodging of four or more individuals, and the owner does not reside therein.

A portion of a building providing rooms for sleeping, cooking and sanitary facilities for not more than five persons.

See "townhouse."

See "building, semidetached."

A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a secondary means of access to abutting properties and where the cartway is identical in width and location to the right-of-way.

A group of stores, four or more in number, planned and designed as an integrated unit, with off-street parking provided on the property as an integral part of the unit. "Shopping center" shall also mean a single store or a group of stores fewer than four in number where the total gross floor area of the store or stores exceeds 50,000 square feet.

Based on the type of WCF under consideration, the permit processing time frames are 60, 90, or 150 days.

Any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a wall, structure or other surface that shall display or include any letter, word, insignia, flag or representation used as, or which is in the nature of, an advertisement, announcement, visual communication or direction or that is designed to attract the eye or bring the subject to the attention of the public shall be considered a sign. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property and cornerstones or commemorative plaques not exceeding nine square feet shall not be construed to be a sign for purposes of this chapter.

For towers other than towers in the public right-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

A detached building occupied by and maintained exclusively for students affiliated with an accredited academic or professional college or university or other recognized institution of higher learning.

A use permitted in a particular district in accordance with the provisions of § 225-51C of this chapter.

Camouflaging methods applied to wireless communication towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, or light poles.

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is not a floor above it, then the space between any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a "story." Each level of a split-level building, excluding cellars, shall be considered a half story.

Any space immediately below and wholly or partly within the roof framing, with or without a finished floor, where the clear height of not more than 75% of such space has structural headroom of seven feet and six inches or more. Any space which has more than 75% of its area having such headroom shall be deemed to be a full story. In addition, each level of a split-level building, excluding cellars, shall, regardless of its proximity to the roof framing, be considered a "half story."

A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane and road or similar terms. The word "street" shall not include service street.

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agriculture purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted. The term "subdivision" shall refer, as appropriate in this chapter, to the process of subdividing land or to the land proposed to be subdivided. The term "subdivision" includes resubdivision.

A modification to the physical dimensions of a tower or base station, as measured from the dimensions of the tower or base station inclusive of any modifications approved prior to the passage of the Spectrum Act (effective February 22, 2012), if it meets any of the following criteria:

A retail service establishment which is primarily for the sale of beer, wine or liquor, with or without food service. The term "tavern" shall include a nightclub and barroom.

A retail sales or wholesale establishment that is dedicated, in whole or in part, to the sale or exchange of tobacco and/or tobacco products and/or e-cigarette/vaping products, including, without limitation, smoke shops and hookah lounges. Examples of tobacco products referred to in this definition include, without limitation, matches, lighters, hookahs, pipes, chewing tobacco, cigarette rolling machines, ashtrays, pipe tools, pipe supplies, and pipe accessories. Examples of e-cigarette/vaping products referred to in this definition include, without limitation, vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes, e-cigarettes, e-cigs, e-pipes, and any other electronic nicotine delivery system ("ENDS"). ENDS shall be deemed noncombustible tobacco products.

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.

A building arranged, designed and intended for and occupied exclusively by one family, said building consisting of one of a group of not fewer than three nor more than six attached buildings, with the buildings at each end thereof being included within the aforesaid minimum and maximum numbers, each such building separated by unpierced party walls and each such building having at least one separate entrance from the outside and individual utility connections. All townhouses, including the end buildings of a group, shall be deemed to be attached buildings, and in no event shall either end building be deemed to be semidetached. For a dwelling unit to be deemed to be a townhouse, such dwelling unit shall be on an individual lot and shall have individual front and rear yards. A single-family attached building shall not be deemed a townhouse in any district where regulations provided for in § 225-25 of this chapter pertain to townhouses.

The specific purpose for which land or a sign, structure or building is designed, arranged or intended or for which it may be occupied or maintained or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. The existence of a permit or any other authorization under another chapter of this Code or any other authorization under any other laws or regulations shall not be deemed to constitute the actual use or the continuation of use of any land, any structure or any building, whether permitted or nonconforming for the purposes of this chapter.

Relief granted by the Zoning Hearing Board in accordance with the provisions of § 225-51B of this chapter.

A barrier constructed of stone, brick, concrete, masonry or similar materials, designed for the purpose of limiting or excluding access to a lot or for the purpose of screening a lot or portion thereof from the exterior of the lot.

Pennsylvania Wireless Broadband Collocation Act.

Transmission through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

The antennas, nodes, control bases, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communication services.

A freestanding structure, such as a tower-based WCF or any other support structure that could support the placement or installation of a wireless communication facility if approved by the Borough.

An open, unoccupied space on the same lot with a building, open and unobstructed from the ground upward and without any artificial surface thereon, except as otherwise provided in this chapter, and not less in depth or width than the minimum required in each district.

The Borough of Kutztown Zoning Ordinance of 1990, as codified in this Chapter 225 and as amended and supplemented from time to time.

The agent or official appointed by the governing body to administrate and enforce this Zoning Chapter of the Borough.