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Reading City Zoning Code

PART 10

Accessory Uses

§ 600-1001. General requirements.

The following regulations shall apply to any and all accessory uses, buildings and structures, wherever situated:
   A.   Buildings or structures attached to or forming an integral part of a principal building or structure and utilized for an accessory use shall not be considered as accessory buildings or structures and shall conform to all requirements for a principal structure for the district in which situated.
   B.   Accessory buildings, structures or uses shall not be located between the principal building and any public street right-of-way, except that a detached vehicle garage of a dwelling may be allowed within the second front yard on a corner lot, provided it is behind the dwelling.
   C.   Offices to sell dwellings in a development are permitted accessory uses, but such uses must be removed or converted to an allowed use upon the sale of the last on-site residential unit offered for sale. A sales office may also be temporarily located in a permanent dwelling that is later used as a dwelling.
   D.   All in-ground swimming pools, as defined in § 600-2202, shall conform to all requirements as a structure for the district in which situated. The water surface of a pool shall not be less than seven feet from the side and rear property lines. Pools shall meet the fence and gate requirements of Chapter 180, Construction Codes.
   E.   In-ground pools as defined and regulated in Chapter 527, Part 1, Private Swimming Pools, of the Code of the City of Reading shall be included in computing impervious coverage. The water surface of a swimming pool shall be set back a minimum of 10 feet from any lot line or street right-of-way line.
   F.   Human habitation in accessory buildings is prohibited.

§ 600-1002. Private garages.

A private garage (which may include a carport) for vehicle parking and household storage that is accessory to a dwelling is allowed within the rear setback, provided any vehicle garage door is set back a minimum of three feet from an alley and provided the following additional requirements are met:
   A.   The garage structure shall not exceed 25 feet in height.
   B.   The garage shall not exceed one story, except a second story may be used for household storage.
   C.   A garage that is larger than 600 square feet in building floor area shall meet the principal building setbacks.

§ 600-1003. Storage sheds, greenhouses and animal shelters.19

Storage sheds and greenhouses located within a required yard shall not exceed 280 square feet in floor area and 10 feet in height. Accessory animal shelters for pets shall not exceed 25 square feet in floor area. A three-foot minimum rear and side yard setback shall apply to such storage sheds, greenhouses and shelters, except no setback is required if the principal buildings are attached along the same lot line. The maximum building coverage requirement for the district shall still be met.
19.   Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).

§ 600-1004. Drive-through service lanes and canopies.

The following shall apply to drive-through lanes and canopy structures:
   A.   A drive-through lane or canopy shall not be located within a required front yard.
   B.   No drive-through lane or canopy shall be situated less than two feet from a lot line, other than as provided in Subsection C below.
   C.   A drive-through lane or canopy situated adjacent to a residential property shall be no less than 10 feet from the lot line, with a buffer strip 10 feet in width and screening provided accordance with § 600-1401 of this chapter.
   D.   No canopy shall be less than eight feet six inches above grade.
   E.   All signage, except clearance or directional signs, are prohibited from portions of canopies that are located with a minimum setback.

§ 600-1005. Entertainment (as an accessory use).

Live entertainment may be permitted as accessory to a restaurant, tavern or nightclub use in the C-C, C-R, C-N, C-H and M-C Zoning Districts, provided that the use meets the following requirements:
   A.   The principal use shall be a permitted, special exception, conditional or legal nonconforming use.
   B.   All performances on a property in the C-R or C-N Districts that can be heard at a principal residential use on another lot shall begin no earlier than 7:00 a.m. and terminate no later than 12:00 midnight and be limited to Friday and/or Saturday.

§ 600-1006. Home occupations.

The district regulations, the "home occupation" definitions and this section distinguish between minor home occupations, which are typically permitted by right, and major home occupations, which typically need special exception approval by the Zoning Hearing Board.
   A.   All home occupations shall meet the following requirements:
      (1)   The use shall only be conducted by permanent residents of the dwelling and a maximum of one employee working on the premises at a time, or operating a vehicle for purposes associated with operating the home occupation that is parked at the dwelling overnight, who do not live within the dwelling. [Amended 8-24-2026 by Ord. No. 68-2026]
      (2)   The use shall be conducted indoors, in a principal and/or accessory building. No outdoor storage or display related to the home occupation shall be permitted. No changes shall occur to the exterior of a building that would reduce its residential appearance as viewed from a street.
      (3)   The use shall occupy an area that is not greater than 25% of the total floor area of the principal dwelling unit. The use shall clearly be secondary to the residential use.
      (4)   For a major home occupation, the Zoning Hearing Board shall require additional off- street parking if the Board determines it is necessary for customer parking.
      (5)   The use shall not routinely require delivery by tractor-trailer trucks.
      (6)   No excavating equipment shall be parked outside overnight on a residential lot or an adjacent street as part of a home occupation. See truck parking restrictions in Chapter 564, Vehicle Nuisances, Storage of. [Amended 8-26-2013 by Ord. No. 35-2013]
      (7)   No equipment or machinery shall be permitted that produces noise, noxious odor, vibration, glare, electrical or electronic interference detectable on another property. The use shall not involve the storage or use of hazardous, flammable or explosive substances, other than types and amounts typically found on a residential property. The use shall not involve the storage or use of "toxic" or "highly hazardous" substances, as each is defined by federal regulations. [Amended 2-14-2011 by Ord. No. 8-2011]
      (8)   A home occupation shall not be conducted in a manner that is perceptible to other residents between the hours of 9:00 p.m. and 7:30 a.m. Also see Chapter 387, Noise. [Amended 8-24-2026 by Ord. No. 68-2026]
      (9)   Any tutoring or instruction shall be limited to a maximum of four students at a time.
      (10)   A barber or beauty shop shall be considered a major home occupation and not include any nonresident employees. See also § 600-1103.
      (11)   The main office of a medical doctor, chiropractor or dentist shall not be permitted as a home occupation.
      (12)   See sign requirements in § 600-1703B.
      (13)   The Zoning Hearing Board shall deny a major home occupation application, or limit its intensity through conditions, if the Board determines the use would be too intense for the proposed location. In making such determination, the Board shall review the likely amounts of traffic, the types of deliveries needed, the types of operations involved and related nuisances, the amount of off-street and on-street parking that is available, the density of the neighborhood, whether the use would be adjacent to another dwelling, and setbacks from other dwellings.
      (14)   The use shall not involve manufacturing, other than of custom crafts and sewing. The use shall not involve commercial repair of motor vehicles.
      (15)   The use may include sales using telephone, mail order or electronic methods. On-site retail sales shall be prohibited, except for sales of hair care products as accessory to a barber/beauty shop.
      (16)   A zoning permit shall be required for any home occupation.
      (17)   Care facilities shall not be home occupations. [Added 3-10-2025 by Ord. No. 15A-2025]
   B.   Both major and minor home occupations shall meet the requirements listed in Subsection A above. A zoning permit is required for both major and minor home occupations. See the fee schedule in § 212-147. The following additional requirements shall apply to a “minor home occupation”: [Amended 12-16-2013 by Ord. No. 83-2013; 8-24-2026 by Ord. No. 68-2026]
      (1)   The use shall not routinely involve routine daily visits to the home occupation by customers.
      (2)   The use shall only involve the following activities:
         (a)   Work routinely conducted within an office.
         (b)   Custom sewing and fabric and basket crafts.
         (c)   Cooking and baking for off-site sales and use.
         (d)   Creation of visual arts (such as painting or wood carving).
         (e)   Repairs to and assembly of computers and computer peripherals.
         (f)   A construction tradesperson, provided that no nonresident employees routinely operate from the lot. 20
20.   Editor's Note: Original Subsection B(3), regarding zoning permits for minor home occupation, which immediately followed this subsection, was repealed 2-14-2011 by Ord. No. 8-2011.

§ 600-1007. Portable home storage units.

See Chapter 502, Part 1, Portable Home Storage Units, of the Code of the City of Reading.

§ 600-1008. Off-premises parking areas in the R-3 and C-C Districts.

[Amended 2-14-2011 by Ord. No. 8-2011]
Off-premises off-street parking areas shall be permitted in the R-3 and C-C Zoning Districts as accessory to lawful uses, provided the design and construction of the parking area complies with the standards set forth in § 600-1602 of this chapter and meets the buffering requirements of this chapter. See restrictions in the C-C District provisions in § 600-807B concerning service of the general public. Prior to the issuance of a permit, a site plan shall be reviewed and approved by the Department of Public Works.

§ 600-1009. Vending machines and used clothing receptacles.

   A.   No commercial vending machine(s) shall be permitted outside or inside of any principally residential property located in any zoning district within the City limits. However, vending machines may be located inside a multiunit building if they are intended to only serve residents of that building. Vending machines, which for the purpose of this chapter shall include, but not be limited to, soft drink and snack machines, newspaper and similar periodical boxes and pay telephones, shall not occupy more than 25% of the sidewalk width in the public right-of-way, and shall be located to maintain a minimum of four feet of clear wheelchair-accessible sidewalk width. Automatic transaction machines shall not be allowed within a public street right-of-way.
   B.   Outdoor receptacles for receipt of used clothing shall only be placed on a lot if the landowner or tenant has provided permission. Such receptacles shall not be placed less than 50 feet from a dwelling on another lot and not less than 30 feet from the curb of a public street.

§ 600-1010. Amusement devices.

Electronic amusement devices shall be permitted as accessory uses to a principal commercial use, at a ratio of one amusement device per 400 square feet of area accessible to customers within the business. This minimum ratio shall not apply to a use that is approved as an amusement arcade. For the purpose of this section, kitchens, storage areas, rest facilities, office areas and passageways shall not be included in computing customer accessible area. Each public and private restaurant or tavern, regardless of its size, shall be permitted at least two amusement devices. No amusement device shall be audible beyond the premises within which it is located.

§ 600-1011. Yard and garage sales.

[Amended 2-14-2011 by Ord. No. 8-2011]
Yard and garage sales shall only be allowed as accessory to a residential lot. Customarily incidental accessory yard and garage sales are permitted, provided the following requirements are met in residential districts:
   A.   Yard and garage sales in residential districts shall not occur more than four times per year per lot, and each sale shall not exceed two days.
   B.   Only used items may be sold in a residential district.
   C.   Hours of operation shall be between 8:00 a.m. and 6:00 p.m.
   D.   At no time shall any part of the sale activity obstruct pedestrian and wheelchair access along a public sidewalk.

§ 600-1012. Alternative energy systems.

[Amended 10-26-2015 by Ord. No. 58-2015]
   A.   Applicability. This section of the Zoning Ordinance shall apply to all alternative energy systems that are proposed to be constructed after the effective date of this Zoning Ordinance. Alternative energy systems constructed prior to the effective date of this section shall not be required to meet the requirements specified under this section, except for the maintenance and removal provisions found in § 600-1012J(2) through (5). Any physical modification to an existing alternative energy system that alters the size, type or generating capacities of the facilities shall require a permit and shall comply with the applicable provisions specified under this section.
   B.   Permitted as accessory use. Alternative energy systems designed and utilized as an accessory use, which may include geothermal heat pumps, solar energy systems, wind turbines, and water-powered energy, shall be permitted as an accessory use as described in Part 8, subject to the applicable provisions specified under this Zoning Ordinance.
   C.   Authorized as primary or supplemental energy source. Alternative energy systems as an accessory use may be utilized as the primary or supplemental energy source for the principal use on the lot where it is located in accordance with Zoning Ordinance Part 8, Districts. Surplus energy may be exchanged, transferred and/or sold to a public utility company, provided that such surplus energy is exchanged, transferred and/or sold in accordance with the provisions established by the Public Utility Commission and Public Utility Code.
   D.   General requirements. The following provisions shall apply to all types of alternative energy systems:
      (1)   Alternative energy systems shall be permitted provided that such facilities are located on a lot with a permitted use in accordance with the applicable provisions of the Zoning Ordinance.
      (2)   Alternative energy systems shall be located, designed and installed as per the manufacturer's specifications as well as all zoning, building code and utility requirements.
      (3)   Alternative energy systems shall be set back from all property lines a distance of not less than the normal setback requirements for accessory buildings/structures in that zoning district. All alternative energy systems shall comply with the building and lot coverage requirements of the zoning district in which they are located.
      (4)   Alternative energy systems shall emit no noise, glare, odor, vibration, electrical disturbance, electromagnetic interference, dust, smoke, fumes, toxic gas, radiation, heat that unreasonably impacts or affects neighboring properties or creates a nuisance. The burden of proof shall be upon the property owner if a claim of nuisance arises.
      (5)   All alternative energy systems and/or any appurtenant structures shall be set back from all public roads a distance of not less than 1.1 times the alternative energy system's height, as measured from the nearest edge of the alternative energy system and/or any appurtenant structure to the right-of-way line of all public roads.
      (6)   No alternative energy system shall be located, modified or constructed within the City of Reading unless a permit has been issued to the facility owner in accordance with the provisions of this section of the Zoning Ordinance.
      (7)   All new exterior alternative energy systems within historic and conservation districts must receive their certificate of appropriateness from the Historical Architectural Review Board prior to application for a permit.
      (8)   All alternative energy systems shall comply with all City of Reading noise regulations.
   E.   Special requirements for wind turbines.
      (1)   All wind turbines shall meet the following additional requirement:
         (a)   All wind turbines shall include automatic devices to address high-speed winds, such as mechanical brakes and over-speed controls and be equipped with a redundant braking system, which shall include both aerodynamic over-speed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over- speed protection.
      (2)   Freestanding wind turbines will also meet these requirements:
         (a)   All freestanding wind turbines shall be set back from all lot lines and street rights-of-way a minimum distance equal to the total maximum height to the top of the extended blade. All wind turbine setbacks shall be measured from the center of the base of the turbine at ground level.
         (b)   If support wires are used, and they are not within a fence, they shall be marked near their base with reflectors, reflective tape or similar method.
         (c)   All installations shall coordinate with the Federal Aviation Administration and PennDOT's Bureau of Aviation regarding airport hazard zoning.
         (d)   The maximum total height above the ground level to the tip of the extended blade shall be 150 feet.
         (e)   New electrical wiring to the wind turbine shall be placed underground, to the maximum extent feasible.
         (f)   Wind turbines shall not be climbable up to 12 feet above ground surface. All access doors to wind turbines and electrical equipment may be fenced, as appropriate. All shall be locked to prevent entry by nonauthorized persons.
         (g)   The minimum height of a wind turbine shall be 15 feet, as measured from the ground surface to the tip of the blade at its lowest turning movement.
      (3)   Roof-mounted wind turbines. Roof-mounted wind turbines may extend a maximum of 25 feet above the maximum height limit in the applicable zoning district.
   F.   Special requirements for geothermal heat pumps.
      (1)   The owner of any geothermal system shall be responsible for all remediation efforts and costs necessitated as a result of a release from the system that impacts or threatens to impact groundwater or surface water. If the owner refuses to take corrective action, the City may take corrective action in accordance with the property maintenance code and all state and federal regulations. All costs incurred by the municipality in doing so will be borne by the owner.
      (2)   Closed-loop geothermal heat pump systems must meet these requirements:
         (a)   Be self-contained having no contact with groundwater, surface water or the water table under one-hundred-year flood conditions.
         (b)   All heat-exchanging fluids within any geothermal heat pump must be comprised either of saline, water or other type of nonhazardous fluid, the release of which would not pose any risk of impact to groundwater in excess of standards set forth in all applicable state and federal regulations.
         (c)   The geothermal heat pump may not be in contact with an aquifer or be sited within any aquifer's recharge zone.
      (3)   Open-loop geothermal heat pump systems shall be reviewed on a case-by-case basis and the owner bears the burden of demonstrating no significant adverse impacts upon land or water resources.
   G.   Special requirements for solar energy systems. The following provisions shall specifically apply to solar energy systems and appurtenant structures and/or facilities associated with their operation:
      (1)   There is no restriction regarding visibility of solar panels, except in historic and conservation districts.
      (2)   Solar energy panels shall be designed and located to minimize glare that could affect any occupied adjacent properties and/or any street right-of-way.
      (3)   In accordance with § 600-918 relating to green incentives, solar installations may exceed building height restrictions in the applicable district by 15 feet, and signs by 10 feet, and certain parking installations are exempt from building coverage requirements.
      (4)   Surface area of ground-mounted solar energy systems shall not be counted as impervious lot coverage.
   H.   Special requirements for water-powered energy systems. The following provisions shall specifically apply to water-powered energy systems and appurtenant structures and/or facilities associated with their operation:
      (1)   No water-powered energy system shall endanger or threaten native local wildlife including fish, amphibians and reptiles.
      (2)   No water-powered energy system affecting current, cross section or flow of a waterway shall be approved without a permit or approval of the Pennsylvania Department of Environmental Protection. Installations that may significantly alter the streambed or directional flow of a stream, such as small dams and their upstream/ downstream races or "ponds" for in-stream turbines and overshot/undershot wheels, may be approved if properly permitted under state and federal law.
      (3)   All water-powered energy systems shall have safety disconnects of their paddles, wheels or turbines in case of flood or heavy water flow beyond the anticipated capacity of the alternative energy facility.
   I.   Application. The facility owner shall provide the following in connection with his/her application for an alternative energy facility:
      (1)   A full description of the proposed alternative energy system.
      (2)   Architectural drawings of the system to be installed, all appurtenant structures and/or facilities associated with operation of the alternative energy system.
      (3)   Dimensions and locations of all affected buildings and structures on the applicant's real property and adjacent properties and any applicable setbacks.
      (4)   Photographs to establish baseline conditions at the time of the application.
      (5)   A statement of the estimated output of the proposed alternative energy system and where the energy will be utilized.
      (6)   A letter of agreement with a private energy utility provider if the energy to be generated by the alternative energy system is to be conveyed off the applicant's real property.
      (7)   The application for any permit for an accessory solar or wind energy system shall include an acknowledgement that the issuing of said permit shall not, and does not, create in the property owner, its, his, her, or their successors and assigns in title or, create in the property itself: a) the right to remain free of shadow and/or obstructions to solar or wind energy caused by development of adjoining or other property or the growth of any trees or vegetation on such property; or b) the right to prohibit the development on or growth of any trees or vegetation on such property. Such acknowledgement shall be signed by the property owner.
      (8)   All new exterior alternative energy systems within historic and conservation districts must submit their certificate of appropriateness from the Historical Architectural Review Board with their application.
      (9)   Copies of any other permits that have been obtained from agencies with jurisdiction over the alternative energy system.
   J.   Installation, maintenance and removal requirements.
      (1)   Installation.
         (a)   No alternative energy system shall be located, modified or constructed within the City of Reading unless a permit has been issued to the facility owner in accordance with the provisions of this section of the Zoning Ordinance.
         (b)   For alternative energy system categories in which installer certification exists, a certified installer shall be required for more complex installations, nonresidential installations, or if recommended by the manufacturer.
      (2)   Maintenance obligations. The accessory alternative energy system must be clean and properly maintained in good, working order, and kept free from all hazards and unsafe conditions that are detrimental to the public health, safety and welfare. To the extent that an accessory alternative energy system constitutes an immediate threat to the public health, safety and welfare, the City is authorized to take all necessary steps to mitigate such public health, safety or welfare threat. All costs incurred by the City in doing so will be borne by the owner.
      (3)   Best practices required. All alternative energy systems are to be installed and maintained using best practices.
      (4)   Corrective action. In the case of a breakdown, malfunction, misuse or other situation involving an alternative energy system, it is the obligation of the facility owner and operator to immediately initiate corrective action. If the facility owner and operator refuse or are incapable of doing so, the City has the right to take corrective action at the expense of the facility owner and operator.
      (5)   Removal.
         (a)   The facility owner or operator shall, at his/her expense, completely remove any alternative energy system within 12 months after the end of its useful life. The alternative energy system will be presumed to be at the end of its useful life if no energy is generated for a continuous period of 12 months.
         (b)   If the facility owner or operator fails to complete removal during the prescribed period of 12 months, the City may take such measures as necessary to complete removal in accordance with this Zoning Ordinance at the expense of the facility owner and operator.
      (6)   Existing systems. All alternative energy systems in place at the time this section is adopted shall be kept in clean, working order and meet the maintenance, corrective action and removal responsibilities in Subsection J(2) through (6).

§ 600-1013. Swimming pools.

[Added 12-16-2013 by Ord. No. 83-2013]
   A.   All in-ground swimming pools, as defined in § 600-2202, shall conform to all requirements as a structure for the zone in which it is situated, shall be included in computing the lot coverage and shall be in conformance with Chapter 180, Construction Codes.
   B.   All aboveground pools, as defined in § 600-2202, must be situated in rear yards so as to provide a minimum of three feet open space area around the entire perimeter of the pool.
   C.   All pools must be enclosed with a permanent barrier or fence not less than four feet in height, such fence having no opening with a dimension greater than four inches on a side (or in diameter in the case of round openings). Walls of buildings may serve as a part of the fence or barrier. Where such pools are of the type having aboveground construction, that portion of the pool wall extending above the ground may be included as part of the barrier or fence. Fences shall have a gate, which shall be securely locked when not in use. Aboveground pools shall have a ladder or stairway, which can be removed or rendered unusable, and the entrance to the pool shall be capable of being securely closed to a height of four feet. When draining or backwashing swimming pools, water shall not be drained onto other properties without the owner's consent. Hot tubs/spas and inflatable pools, in lieu of four-foot fence, must have covers that secure to prevent access when not in use.

§ 600-1014. Honey bee apiaries. [Added 8-24-2026 by Ord. No. 69-2026]

It is recognized that honey bees are beneficial to humankind and to Pennsylvania in particular by providing both home garden and agricultural pollination services as well as furnishing honey, beeswax, and other useful products. Honey bee apiaries are permitted by right as an accessory use in all Zoning Districts when in compliance with the Pennsylvania Bee Law (3 Pa. C.S.A § 2101 et seq., as amended) and subject to the following regulations:
   A.   Permits and Certification.
      (1)   No beekeepers may own or maintain an apiary within the City of Reading without first registering and maintaining a current permit for all apiaries with the Pennsylvania Department of Agriculture, Bureau of Plant Industry as required by the Pennsylvania Bee Law, 3 Pa. C.S.A § 2101 et seq., as amended. A copy of the Pennsylvania Department of Agriculture apiary permit shall be supplied to the City of Reading as part of the beekeeping zoning permit application.
      (2)   Beekeepers who own or maintain apiaries within the City of Reading that are pre-existing prior to the enactment of this section shall apply for and receive a zoning permit within six months of ordinance enactment. They shall meet all requirements of this section unless stated otherwise within this section.
      (3)   No beekeeper shall own or maintain an apiary within the City of Reading without first obtaining a zoning permit. An application for a zoning permit shall be made in writing and upon supplied form or in such format as established by the City of Reading. The application shall be accompanied by a site plan that includes the lot dimensions, the location and number of hives, the location of the water source, the distance of the hives from any property lines, and, if required, the location of any flyway barriers. The issuance of a permit shall not obviate the necessity for compliance with all other municipal ordinances.
      (4)   A beekeeper owning or maintaining an apiary in the City of Reading shall promptly notify the Zoning Administrator without unnecessary delay, and in no event no longer than 72 hours, if the Pennsylvania Department of Agriculture, Bureau of Plant Industry revokes said apiary registration or if said registration has lapsed.
      (5)   Beekeepers who wish to own or maintain an apiary on property that they do not own must include written permission from the property owner or landlord that explicitly indicates that the beekeeper has permission to own or maintain an apiary on the subject property. Such written permission shall be supplied to the City of Reading as part of the beekeeping zoning permit application.
   B.   Location and Colony Density. Placement of an apiary on a residential property should conform to the following regulations to minimize and eliminate any possible concerns to adjoining neighbors.
      (1)   Hive Location and Density. Location of hives must comply with the following criteria:
         (a)   Hives shall not be located within ten feet of any side or rear property line unless a flyway barrier is in place or the hive(s) are located at least ten feet above grade.
         (b)   Hives shall not be located within a front yard.
         (c)   Hives shall not be located within 50 feet of a pre-existing, permitted swimming pool regulated by the Zoning Ordinance, or a pre-existing permitted kennel, to include animal shelters for pets.
         (d)   Apiaries are not permitted within ten feet of any buildings located on adjacent properties.
      (2)   Maximum Number of Hives.
         (a)   For a property with a minimum of 2,000 square feet of lot area, a beekeeper is permitted to keep two hives. For each additional 2,000 square feet of lot area, the beekeeper is permitted two additional hives.
         (b)   Exceptions to Maximum Number of Hives.
            1.   For a property with less than 2,000 square feet of lot area, a beekeeper is permitted to keep one hive provided they receive signed consent from all adjacent residents. This is only required at the time of the initial permit.
            2.   As part of normal honey bee colony management, a beekeeper may also keep, in addition to allowable standard hives, for up to 45 days between April 15 and August 15, two nucleus colonies per standard hive, provided they are used for managing colony strength, to minimize reproductive swarming, queen rearing, or swam capture.
            3.   For each allowed hive, a single nucleus hive may be kept from August 16 to April 14 to allow a beekeeper to mitigate winter bee losses.
            4.   Apiaries that are pre-existing prior to enactment of this section shall not be subject to the limitations of subsection B.(2) and shall not exceed the number of hives active at the time of the ordinance if they apply for and receive a zoning permit within six months of ordinance enactment The apiaries shall be confirmed by the pre-existing apiary registration of the location as reported by the Pennsylvania Department of Agriculture.
   C.   Signage. Beekeepers shall post informative signage, provided with the zoning permit, in a place that is visible to the bee-facing public while bees are on the property.
   D.   Hive Type, Orientation, and Maintenance.
      (1)   All beekeepers shall comply with rules and regulations set forth by the Pennsylvania Bee Law, 3 Pa. C.S.A. § 2101 et seq., as amended.
      (2)   All beekeepers shall, to the best of their ability, maintain their colonies per the Voluntary Best Management Practices for Maintaining European Honey Bee Colonies in the Commonwealth of Pennsylvania as provided and amended by the Pennsylvania Apiary Advisory Board.
      (3)   To the extent possible, hive entrances shall face away from the closest neighboring property and in such a direction that the bees fly across the beekeeper's property at sufficient distance to gain a height of at least the six feet at the property line. The use of barriers may be employed to redirect the bees' flight path way and establish bee flight path ways above six feet. Should the flight path not be able to be obtained as described above, then a flyway barrier shall be placed at least six feet in height, shall be placed along side of the hive(s) that contains the entrance to the hive(s), shall be located within five feet of the hive(s), and shall extend at least two feet on either side of the hive(s). A flyway barrier shall consist of a fence, vegetation, hedge, or a combination thereof. No flyway barrier is required for hive(s) that are located greater than ten feet from property lines or on porches, balconies or roof tops that are at least ten feet above grade except on adjacent properties where such porch, balcony, or roof is located less than ten feet from a property line. Flyway barriers constructed of vegetation shall be reviewed and approved by the City Arborist prior to the issuance of a zoning permit.
         (a)   Exceptions to flyway barrier: a flyway barrier is not required if the property adjoining the apiary lot line is:
            1.   Undeveloped; or
            2.   Zoned agricultural, industrial, or is outside municipal limits; or
            3.   Is a natural park or conservation area and has no pre-existing human or horse trails located with 25 feet of the property line.
      (4)   A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties between April 1 and November 1.
      (5)   All beekeepers shall ensure that no bee comb or other materials that attract honey bees are left upon the ground of the apiary site. Upon removal from the apiary, all such materials shall be properly maintained in a sealed container or placed within a building or other bee proof enclosure, so long as bees are kept on the property.
   E.   Inspection. If an inspection is required as a result of a nuisance complaint, the Zoning Office will inspect the existence and location of the hive only. The Zoning Office may notify the responsible State agency and request that they follow up on the nuisance complaint.
   F.   Nuisance. It shall be unlawful for any beekeeper to keep any hive in such a manner as to cause any unhealthy condition or purposefully interfere with the normal use of adjoining properties. By way of example and not limited to, the following activities are hereby declared a nuisance and therefore unlawful:
      (1)   The use of receptacles for honey bees that does not comply with the Pennsylvania Bee Law 3 Pa. C.S.A. § 2101 et seq., as amended.
      (2)   Hive placement and related bee movement such that the bees, without provocation, interfere with the reasonable freedom of movement of persons in a public right-of-way, or the location of bees have proven impact to the general safety, health, and welfare of the general public.
   G.   Other Permits. If the Apiary operator plans to sell honey, they shall obtain all required City approvals, shall obtain all required City approvals, including a Health Permit, a Business Privilege License, and a Zoning Permit if the operator plans to sell honey. Any sales of honey from the residential dwelling unit shall comply with the home occupation requirements, as applicable, in § 600-1006.