Kutztown City Zoning Code
ARTICLE III
Zoning Map and Zoning Districts
§ 225-6 Official Zoning Map.
The Borough of Kutztown is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter, together with all future notations, references and amendments.
A.
Identification of Official Zoning Map. The Official Zoning Map shall be identified by the signature of the President of the governing body and attested by the Secretary of the borough, together with the date of the adoption of this chapter.
B.
Changing the Official Zoning Map.
(1)
If, in accordance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code, as from time to time amended,[1] changes are made in district boundaries or other matters portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the governing body.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(2)
No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter, the Pennsylvania Municipalities Planning Code, as from time to time amended, or any other applicable state law. All changes shall be noted on the Official Zoning Map by date with a brief description of the nature of the change.
C.
Location of Official Zoning Map. The Official Zoning Map shall be located in the Code Enforcement Office of the Borough and at any time shall be the final authority as to the then-current zoning status of land in the Borough, regardless of unofficial copies which may have been made or published from time to time.[2]
[2]
Editor's Note: The Official Zoning Map is included in a pocket at the end of this volume.
D.
Replacement of Official Zoning Map.
(1)
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the governing body may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the President of the governing body, attested by the Secretary of the Borough and bear the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted September 22, 1987, as part of Ordinance No. 11-1987 of the Borough of Kutztown, Berks County, Pennsylvania."
(2)
Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
§ 225-7 Classes of districts.
[Amended 7-20-2006 by Ord. No. 14-2006]
For the purpose of this chapter, the Borough is hereby divided into classes of districts which shall be designated as follows:
R-1 | — | Residential |
R-2 | — | Low-Density Residential |
R-3 | — | Medium-Density Residential |
R-4 | — | Medium-High-Density Residential |
R-5 | — | High-Density Residential |
C-C | — | Business Commercial Central |
C-1 | — | Business Commercial |
C-2 | — | Commercial/Residential |
C-3 | — | Highway Commercial |
I | — | Industrial District |
LI | — | Light Industrial District |
MI | — | Medium Industrial District |
HI | — | Heavy Industrial District |
§ 225-8 Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A.
Designation of district boundaries. Boundaries indicated as approximately following the center line of streets, railroad rights-of-way and streams and existing lot lines or Borough boundary lines shall be construed to follow such line. Where a district boundary line does not follow such a line, its position shall be shown on said Official Zoning Map by a specific dimension expressing its distance, in feet, from a street right-of-way line or other boundary line as indicated and running parallel to said line, or by reference to the ordinance describing such line.
B.
Determination of location of boundaries. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or if uncertainty exists as to the true location of a district boundary line in a particular instance, the Zoning Officer shall render his determination with respect thereto.
§ 225-9 Designation of floodplain areas.
The areas considered to be flood-prone within the Borough shall be those areas identified as being subject to the one-hundred-year flood in the Flood Insurance Study prepared for the Borough of Kutztown, Berks County, Pennsylvania, by the Federal Emergency Management Agency. The boundary area of the one-hundred-year flood, including both the floodway and the floodway fringe, is determined by the Federal Emergency Management Agency, Flood Hazard Boundary Map H-01 and Flood Boundary Map 01F, both maps having an effective date of May 2, 1977, or the latest editions or revisions thereof.
§ 225-10 Condominium or cooperative ownership.
A.
Condominium declarations or cooperative ownership agreements shall be submitted to and approved by the Borough and after such approval shall be filed with the Recorder of Deeds of the County of Berks and the Borough. Condominium declarations shall be in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980, as amended.[1]
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
B.
In the case of a building in condominium or cooperative ownership situated on a parcel of land, the building coverage and paved area regulations of the applicable zoning district shall apply to the entire building as it is situated on the entire parcel and shall not be applied to each unit of occupancy within the building.
[Amended 3-26-1996 by Ord. No. 3-1996]
C.
Buildings and/or lots in condominium or cooperative ownership shall comply with all applicable zoning requirements; furthermore, each unit of occupancy shall comply with the requirements of all applicable codes and other ordinances of the Borough of Kutztown as a separate unit of occupancy.
[Amended 3-26-1996 by Ord. No. 3-1996]
§ 225-10.1 (Reserved) [1]
[1]
Editor's Note: Former § 225-10.1, Commercial communications facilities overlay districts, added 4-14-1998 by Ord. No. 7-1998, was repealed 10-17-2017 by Ord. No. 3-2017.
§ 225-10.2 Medium Industrial Overlay Zoning District.
[Added 7-20-2006 by Ord. No. 15-2006]
A.
District requirements.
(1)
Requirements for utilization of this overlay district shall be those set forth for medium industrial districts in § 225-21, entitled "I - Industrial."
(2)
The Medium Industrial Overlay Zoning District herein set forth shall only be permitted and become applicable upon the construction and opening for public use and travel of an interchange between the Kutztown Bypass (U.S. Route 222) and College Boulevard at the intersection where the Kutztown Bypass (U. S. Route 222) passes over the aforenoted College Boulevard.
