A.   No conditional or special exception use shall be approved if it:

      (1)   Substantially increases traffic congestion along a street or creates a traffic safety hazard.

      (2)   Creates an undue concentration of population.

      (3)   Impairs an adequate supply of light and air to adjacent property.

      (4)   Creates a significant threat to the public health or safety.

      (5)   Is detrimental to the appropriate use of adjacent property through the generation of significant nuisances or hazards.

      (6)   Does not meet the requirements of this chapter.

      (7)   No conditional use or special exception use shall be permitted unless there are adequate provisions, safeguards, plans and/or infrastructure that will mitigate potential adverse impacts that are associated with parking, traffic, flooding, stormwater, pollution, noise, exterior lighting and/or similar impacts. [Added 3-10-2025 by Ord. No. 15A-2025]

   B.   Persons with disabilities. After the Zoning Administrator receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a reasonable accommodation to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.

      (1)   Such reasonable accommodations shall be requested in accordance with the U.S. Fair Housing Act Amendments and/or the Americans with Disabilities Act, as amended.

      (2)   If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.

      (3)   Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.

   C.   Expansions. An existing lawful use that is listed in the applicable zoning district as being a special exception use may be expanded for the same use as a by-right use if all of the following conditions are met:

      (1)   The total building floor area of the use is not expanded by more than 25%.

      (2)   The expansion is on the same lot.

      (3)   The expansion shall be governed by the same conditions, if any, that were previously established by the Zoning Hearing Board, as applicable.

      (4)   All other requirements of this chapter are met.

   D.   Modification. Where an application is submitted for conditional use approval, the City Council shall also have the authority as part of the conditional use approval to approve a modification of specific parking, landscaping, buffer strip and/or dimensional provisions of this chapter. Such modification shall only be approved if all requests are made in writing by the applicant as part of the conditional use application. Such modification shall only be allowed if the applicant proves to the satisfaction of City Council that an alternative standard will be applied as a condition upon approval, and that the alternative standard would be more in the public interest than the existing requirement. [Added 2-14-2011 by Ord. No. 8-2011]

   A.   Adaptive Reuse, as defined under § 600-2202 of this Zoning Ordinance shall be permitted as a development option or principal use(s) within certain zoning districts, subject to the following provisions:

      (1)   R-1A, R-1 and R-2 Zoning Districts: Adaptive reuse may be considered by special exception, subject to the following land use requirements:

         (a)   The proposed use may include residential apartment units that are contained within an unoccupied building that has been vacated for more than twelve (12) months, which was previously occupied by a nonresidential use, institutional use or a non-conforming use.

         (b)   An accessory business or office use (optional) containing a maximum of 3,000 square feet of gross floor area may be contained on the first floor or street level of the renovated building.

      (2)   R-3 and R-PO Zoning Districts: Adaptive reuse may be considered by special exception, subject to the following land use requirements:

         (a)   The proposed uses may include residential apartment units and no more than one (1) non-residential use (optional) containing a maximum of 3,000 square feet of gross floor area on the first floor or street level of the renovated building.

         (b)   The optional non-residential use may include the following uses: a bakery; day-care; restaurant with no drive through service; personal service, professional office; retail store; community center; convenience store; municipal use; and/or similar use that will directly benefit the neighborhood, as determined by the Zoning Hearing Board.

      (3)   C-R, C-N and C-H Zoning Districts: Adaptive reuse may be considered by special exception, subject to the following land use requirements:

         (a)   The proposed uses may include residential apartment units and no more than three (3) non-residential uses (optional) containing a maximum of 12,000 square feet of cumulative gross floor area on the first floor and second floor of the renovated building.

         (b)   The optional non-residential use(s) may include use(s) permitted by right within the underlying C-R, C-N and C-H Zoning Districts.

      (4)   C-C Zoning District: Adaptive reuse ma be considered by special exception, subject to the following land use requirements:

         (a)   The proposed uses within the renovated building may include: commercial, municipal or institutional use(s) on the first floor or street level (required); commercial, municipal and/or institutional uses on the upper floors (optional); and/or residential apartment units on the upper floors.

         (b)   The principal and accessory use(s) shall be a permitted by right within the C-C Zoning District.

         (c)   The base criteria for lot area, coverage and dimensional requirements shall not apply to adaptive reuse applications within the C-C Zoning District.

      (5)   M-C and H-M Zoning Districts: Adaptive reuse may be considered by special exception, subject to the following land use requirements:

         (a)   The proposed uses within the renovated building may include: any combination of commercial, industrial, municipal and/or institutional uses, which are permitted by right within the underlying M-C and H-M Zoning Districts.

         (b)   A minimum of 70 percent of the cumulative gross floor area of the combined building(s) on the property shall be occupied by a permitted non-residential use.

         (c)   A maximum of 30 percent of the cumulative gross floor area of the combined building(s) on the property may be occupied by residential apartment units.

      (6)   Lot Area and Dimensional Requirements: Unless otherwise specified, the tract of land including the principal and accessory building(s) occupying the site of the adaptive reuse shall comply with the required lot area, coverage and dimensional requirements that are specified by the underlying zoning district, as verified by the Zoning Office. The provisions for non-conformities may be applied to adaptive reuse applications. If necessary, zoning relief (special exception or variances) may be considered by the Zoning Hearing Board.

      (7)   Building Area Requirements: The total building area designated for adaptive reuse shall include the cumulative gross floor area of the existing building(s) to be redeveloped or renovated plus an additional 25 percent for future growth and expansion to the building(s) occupying the adaptive reuse. The expansion area shall only be considered if the site can be developed in accordance with the provisions specified by Chapters 505, 515 and 600 of the Code.

      (8)   Residential Uses: The following provisions shall specifically apply to residential uses and/or occupancy for projects involving adaptive reuse:

         (a)   The residential use for occupancy that may be considered shall be a residential apartment unit(s), which shall be subject to the review and approval of the Zoning Office.

         (b)   The habitable area for a residential apartment unit shall comply with the provisions specified under § 600-1101 of the Zoning Ordinance.

         (c)   As part of the Special Exception Application, the Zoning Hearing Board may consider a petition to reduce the habitable area of a residential apartment unit or group of apartment units considering the following guidelines:

            (i)   A maximum reduction of 10 percent of the required habitable area may be permitted provided that the reduction is necessary as a result of the internal structural or mechanical features of the existing building.

            (ii)   A maximum reduction of 10 percent of the required habitable area may be permitted provided that shared or common facilities are incorporated into the building design, which may include: a laundry room (washer, dryer and folding station); entertainment room; mail room; storage area; utility room; and/or other common areas within the building.

            (iii)   A combination may be considered, as specified under this section, provided that the cumulative floor are of space of the reduction does not exceed 10 percent of the habitable floor area requirements.

            (iv)   An architectural floor plan shall be required to demonstrate compliance with the proposal for the habitable floor are or space reduction.

            The maximum cumulative reduction regardless of combinations that may be considered shall be 10 percent of the required habitable area, as specified under § 600-1101 of the Zoning Ordinance. All such reductions shall only be authorized provided that the building improvements comply with the provisions specified by the City of Reading Code and the Uniform Construction Code.

         (d)   The habitable area for each residential apartment unit shall include a designated space or area for a kitchen, bathroom and bedroom. An efficiency or studio option may be considered as an option. Shared or common sanitary facilities (kitchens and bathrooms) shall be prohibited.

         (e)   No more than forty (40) percent of the residential apartment units shall be designed as efficiency units.

         (f)   An architectural rendering, floor plan and building elevations shall be submitted to the Zoning Office for review and consideration.

         (g)   The residential apartment units shall comply with all building code requirements adopted by the City of Reading.

      (9)   Non-Residential Uses: The following provisions shall specifically apply to non-residential uses and/or occupancy for projects involving adaptive reuse:

         (a)   The non-residential uses that are permitted under the provisions established under § 600-1202.A. shall be subject to the review and approval of the Zoning Office.

         (b)   The minimum floor area of each permitted non-residential use, which is contained within an existing building designated for adaptive reuse, shall be 500 square feet of gross floor area.

         (c)   The internal division of permitted non-residential uses contained within the existing building may be permitted as part of an adaptive reuse application provided that the internal spaces are legally divided as part of a subdivision and land development plan.

         (d)   An architectural rendering, floor plan and building elevations shall be submitted to the Zoning Office for review and consideration.

         (e)   The non-residential building and uses shall comply with all building code requirements adopted by the City of Reading.

      (10)   Accessibility: The following provisions shall specifically apply to site and/or building accessibility for projects involving adaptive reuse:

         (a)   Building Access: All principal buildings utilized for adaptive reuse shall be designed, modified and/or improved in order to comply with the site accessibility and emergency access requirements specified by the City of Reading Code.

         (b)   Driveways: All existing or proposed points for vehicular ingress and egress shall comply with the provisions specified by the City of Reading Code.

         (c)   Parking and Loading: The proposed uses shall comply with the minimum requirements for parking and loading as specified by the Zoning Ordinance. A reduction of the parking and/or loading space requirements may be considered by the Zoning Hearing Board as part of the special exception application for adaptive reuse.

         (d)   All curbs, sidewalks and ramps along the street shall be improved in order to facilitate pedestrian and vehicular access. The Zoning Office in conjunction with the Public Works Department shall provide a recommendation for the required site improvements.

      (11)   The following general requirements shall apply to all adaptive reuse projects:

         (a)   The conversion or redevelopment of an existing non-residential building in order to establish two (2) or more units or uses shall only be permitted under the provisions established for adaptive reuse, as specified under § 600-1202.A. of this Zoning Ordinance.

         (b)    All proposed uses involving adaptive reuse shall be served by sanitary sewage disposal facilities and water supply facilities with sufficient capacities.

         (c)   All buildings that are redesigned, revitalized and/or reconstructed in order to accommodate adaptive reuse shall comply with all building code and emergency response requirements.

         (d)   The front facade of the building occupying the principal uses for the proposed adaptive reuse project shall be improved to consider the historic character of the neighborhood. If required, the Historic Preservation Office and/or the Historical Architectural Review Board (HARB) shall review the Adaptive Reuse Application.

         (e)   All properties involving adaptive reuse shall consider landscaping, streetscape and exterior lighting enhancements in order to promote neighborhood revitalization efforts.

         (f)   A solid waste management and recycling plan shall be developed for the site occupying the adaptive reuse project.

         (g)   The provisions established by Part 18 (Floodplain Overlay Zone) shall be evaluated in terms of use, occupancy and habitable space.

         (h)   An architectural rendering and floor plan shall be submitted with the special exception application in order to demonstrate compliance with the provisions for adaptive reuse. All such plans shall demonstrate compliance with the provisions specified by the City of Reading Code and the Uniform Construction Code.

         (i)   The special exception application shall be subject to the review by the internal departments authorized by the City of Reading, which may include: the Zoning Office; the Planning Office; the Building and Trades Office; the Public Works Department; the Fire and Rescue Department; and/or other departments.

         (j)   A Subdivision and/or Land Development Plan may be required for the Adaptive Reuse Application considering the following provisions:

            (i)   The Planning Office and/or Zoning Office shall prepare an initial assessment report in order to determine if there are community development impacts or requirements that should be resolved with the submission of a Land Development Plan.

            (ii)   The Planning Commission shall determine if a Land Development Plan is warranted in order to resolve any community development impacts or requirements that are specified under Chapters 505, 515 and 600 of the City of Reading Code.

   B.   Bed-and-breakfast inn. A bed-and-breakfast inn may be permitted as a special exception in the R-1A, R-1, R-2 and R-3 Residential Zones, provided such use is within an existing residential dwelling designed to accommodate transient overnight guests for rent. In addition to any additional stipulations the Zoning Hearing Board may require, the following shall apply:

      (1)   No more than four persons may occupy one rental unit.

      (2)   At least one bathroom shall be provided for each two guest rooms in addition to at least one bathroom provided for the principal residential use.

      (3)   Single-family dwellings that are converted must maintain the appearance of a single- family dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. Exterior stairways and fire escapes shall be located on the rear wall in preference to either side wall and in no case on a front or side wall facing a street.

       (4)   Any existing historic architectural features visible from a public street shall be maintained.

      (5)   There shall be no use of advertising visible from outside the premises except a single nonilluminated sign no larger than six square feet (writing on both sides is permitted), constructed and placed in accordance with the requirements of § 600-1703.

      (6)   The use shall be owned or operated by a resident of the premises.

      (7)   There shall be no separate cooking facilities in any guestroom. Restaurant facilities open to people who are not staying overnight are not permitted in a residential zone.

    C.   Cemeteries. Cemeteries shall be allowed as provided in Part 8 and shall meet the following standards:

      (1)   The use shall meet all dimensional standards of the zoning district.

      (2)   Cemeteries may include mausoleums, crypts and tombs above and below ground level.

      (3)   A ten-foot wide landscaped strip shall be provided abutting existing dwellings.

      (4)   Any building (including a mausoleum) shall meet principal building setback requirements.

   D.   Care facilities, where permitted, shall meet the following standards along with any other requirements deemed necessary by the Zoning Hearing Board:

      (1)   Family child care homes or adult care homes, where allowed in Part 8 as an accessory use, shall meet the following requirements:

         (b)   Where Zoning Hearing Board approval is required, the Board shall determine whether the use will be detrimental to the surrounding area and the design of any structures erected in connection with such use shall be in keeping with the general character of the area, and such lot shall meet the requirements of the available zone as set forth in Part 8 of this chapter.

         (c)   A minimum of 480 square feet of habitable floor area exclusive of halls, bathrooms, offices, kitchens, locker rooms, and related areas must be maintained on the premises.

      (2)   Child care centers or adult care centers, as a principal use, and group child care homes where allowed in Part 8 shall meet the following standards:

         (b)   Where special exception approval is required, the Zoning Hearing Board shall determine whether such structure or use will be detrimental to the surrounding area and such lot shall meet the requirements of the available zone as set forth in Part 8 of this chapter.

       (3)   The following standards are for all care facilities:

         (a)   Prior to grant of an certificate of occupancy, the applicant shall present evidence that any required state license or certification has been obtained.

          (b)   Off-street parking and loading spaces shall be provided for all vehicles used directly in the operation of all care facilities, as further specified by Parts 15 and 16 of the Zoning Ordinance. In addition, a secure area must be provided to ensure safe transfer of all patrons to and from the premises. [Amended 2-14-2011 by Ord. No. 8-2011; amended 3-10-2025 by Ord. No. 15A-2025]

   E.   Colleges, universities, primary and secondary schools and trade/hobby schools. Such uses shall be allowed as provided in the zoning district regulations. Dormitories shall only be allowed where specifically provided in the zoning district regulations.

       (1)   A detailed plot and complete set of architectural plans, drawn to scale, indicating the location and untended use of existing and proposed buildings, location of recreation areas, the relationship of the proposed use to existing streets and adjacent properties. The application shall indicate the grade levels of the pupils to be housed in the buildings, the planned student capacity of such buildings and the contemplated eventual enrollment of the school.

      (2)   No driveway shall open onto a public street within 50 feet of an intersection of two public streets.

      (3)   Illumination for night athletic activities shall be shielded from illuminating residential areas. See § 600-912.

    F.   Amusement arcade. The following standards shall be met:

   (1)   No amusement arcade shall be located within 300 feet of a residential district or sexually oriented business.

      (2)   No amusement device shall be audible beyond the premises within which it is situated.

      (3)   One off-street parking space for each 100 square feet of net floor area.

   G.   Home occupations, major. The provisions in § 600-1006 shall apply.

   H.   Hospitals and centers for the care of children. Hospitals and centers for the care of children may be allowed as provided the following standards are met:

      (1)   A statement setting forth full particulars on the operation to be conducted within the structure shall be filed by applicant with the Zoning Administrator.

      (2)   No structure shall be erected nearer than 50 feet of any street line nor nearer than 30 feet of any property line; and all other requirements as set forth in this chapter for the zone in which it is to be located shall be observed.

      (3)   Buffer strips as required by § 600-1401 shall be provided where the use abuts dwellings that are not in common ownership.

   I.   Kennels. Kennels shall be allowed as provided in Part 8, provided that the following conditions are met in addition to any conditions set forth by the Zoning Hearing Board:

      (1)   No kennel shall be situated within 600 feet of a residential building.

      (2)   A valid kennel license shall be secured from the Pennsylvania Department of Agriculture for all facilities as applicable.

   J.   Life-care retirement facility and nursing home. Such uses shall meet the following standards, all requirements therefor under this chapter, and any other conditions set forth by the Zoning Hearing Board:

      (1)   A site plan and architectural plans, drawn to scale. These plans must show the location and dimensions of off-street parking, private entrances, walkways, the dimensions and square footage of each room and storage space and shall indicate the intended use of each room.

      (2)   The life-care retirement facility and nursing home must meet the standards of the City of Reading Building, Plumbing, Mechanical, Electrical and Fire Codes (Chapter 180, Construction Codes) as required for the type of use. The owner must verify to the Zoning Administrator on an annual basis that the building meets all of the plumbing, electrical, heating, building, fire, and similar standards set by the City and by the Commonwealth of Pennsylvania.

      (3)   Every bedroom shall be at least 70 square feet of floor area and there shall be no more than two occupants per bedroom.

      (4)   No basement or cellar shall be used as a habitable bedroom except by special exception approval or variance.

      (5)   No life-care retirement facility and nursing home shall be located within 500 linear feet of any other lot on which is established a life-care retirement facility and nursing home or residential care facility, except by variance, measured by the shortest distance between the two lots where the proposed life care retirement facility and nursing home is located (including, but not limited to, each existing life-care retirement facility and nursing home or residential care facility use located in any district which is of a different designation than the district in which the new life-care retirement facility and nursing home use is proposed).

      (6)   See parking in Part 16.

      (7)   The use shall acquire the necessary certificate, sanction and/or license by the Commonwealth of Pennsylvania.

   K.   Nursing homes. See “life-care retirement facility and nursing home” in this section.

   L.   Parks, playgrounds and public buildings. This term includes parks and playgrounds operated by the federal, state or local government or nonprofit organizations as well as public buildings operated by governmental agencies. Such uses shall meet the following additional standards:

      (1)   A statement shall set forth full particulars on the operation of the use. If applicable, evidence may be required that a nonprofit organization is legitimate.

      (2)   The proposed use shall be operated by a governmental agency or bona-fide nonprofit organization operated solely for public use or for the recreation and enjoyment of members of such organization.

      (3)   Sufficient landscaping including trees, shrubs, and lawn shall be provided to serve as a buffer between such use and adjoining properties, and to insure an attractive appearance for the use.

      (4)   The appropriate area and number of off-street parking spaces shall be established and met as set forth in § 600-1603. Parks, playgrounds and game courts shall be required to have one space per 5,000 square feet of outdoor recreation area.

    M.   Pawn shops. Pawn shops shall only be allowed where provided by the zoning district regulations, and provided that the following conditions are met in addition to any stipulations set forth by the Zoning Hearing Board:

      (1)   All pawn shops shall provide proof of all applicable permits and licenses.

      (2)   All pawn shops shall be registered with the City of Reading Police Department.

      (3)   All signage shall conform to the sign requirements of that zoning district.

      (4)   Prior to the receipt of pawned or purchased used items with a retail value of more than $5, the operator of the pawn shop shall require that a photo identification be shown and the pawn shop operator shall maintain a written list of the name of such person and a description of the items. Such list shall be available for inspection by a City Police Officer.

   N.   Places of worship. The proposed use shall be a bona fide nonprofit religious use. Places of worship shall be allowed as provided in the zoning district regulations provided that where special exception approval is required, the following additional standards shall be met:

      (1)   A new place of worship shall not be allowed in the R-1, R-2 or R-3 Districts in building space that is attached to a principal dwelling on another lot, unless such adjacent lots are in common ownership.

      (2)   The intended use in the proposed location will not adversely affect the comfortable enjoyment of property rights and otherwise adversely affect the value of adjacent properties; that the design of any structure to be erected in connection with such use is in keeping with the general character of the area; and that sufficient landscaping, including trees, shrubs and lawn are provided to appropriately buffer these from adjoining properties and to insure an attractive appearance for the use.

      (3)   No new place of worship with a seating capacity of 300 persons or more shall front on a minor street as defined in Part 2 of Chapter 515, Subdivision and Land Development.

      (4)   If a place of worship is on a lot of greater than 10,000 square feet, then a child day- care center shall be a permitted by right accessory use. If a place of worship is on a smaller lot, then all of the requirements for a day-care center shall be met.

   O.   Private surface parking facilities (lot or structure). Private surface parking facilities shall meet the following additional standards:

      (1)   The facility is to be used primarily for the parking of passenger automobiles.

      (2)   The facility shall not be used for the sales, long-term storage, repair or servicing of automobiles.

      (3)   Entrances to and exits from the facility are to be located to respect the character of the area.

      (4)   No advertising sign may be located on the facility.

      (5)   There shall be provided curbing, a wheel block securely anchored into the ground or similar measure for each peripheral parking space.

      (6)   The parking facility shall be adequately screened from the street and adjoining properties as required by § 600-1402 of this chapter.

      (7)   All surface parking facilities shall meet the design and construction standards set forth in § 600-1602 of this chapter.

   P.   Swimming pools as a principal use. Swimming pools owned and/or operated by the City of Reading, swimming pool associations, or a club shall be allowed as provided in the zoning district regulations, and shall meet the following standards are met and any other requirements as are deemed necessary by the Zoning Hearing Board where the use requires special exception approval:

      (1)   A statement setting forth full particulars on the operation.

      (2)   Sufficient landscaping including trees, shrubs, and lawn shall be provided to serve as a buffer between such use and adjoining properties, and to insure an attractive appearance for the use.

      (3)   The appropriate area and number of off-street parking spaces shall be established and met.

   R.   Roommate housing arrangements (as defined in § 600-2202, “roommate households”). When exceeding three nonrelated persons living in one dwelling unit, require review and approval by the Zoning Hearing Board as a special exception review. The applicant must present to the Hearing Board:

      (1)   A site plan and architectural plans, drawn to scale. These plans must show the location and dimensions of off-street parking, private entrances, walkways, the dimensions and square footage of each room and storage space and shall indicate the intended use of each room.

      (2)   The roommate housing arrangement must meet the standards of the City of Reading Building, Housing and Fire Codes (Chapter 180, Construction Codes) as required for residential rental properties. The owner must verify to the City of Reading on an annual basis that the building meets all of the plumbing, electrical, heating, building, fire, and similar standards set by the City and by the Commonwealth of Pennsylvania.

      (3)   No cooking facilities of any kind shall be located in any room except the central kitchen.

      (4)   Every bedroom shall be at least 70 square feet of floor area and there shall be no more than two occupants per bedroom.

      (5)   No basement or cellar shall be used as a habitable bedroom except by special exception approval or variance.

      (6)   No roommate housing arrangement shall be located within 800 feet of another roommate housing arrangement except by special exception approval or variance.

   A.   Adult business. See "sexually oriented business" in this section.

   B.   Boarding houses. Such uses shall only be allowed where listed in the zoning district regulations, provided that the following conditions are met in addition to any conditions set forth by City Council:

      (1)   A site plan and architectural plans, drawn to scale, shall be submitted. These plans shall show the location and dimensions of off-street parking, private entrances, walkways, landscaping, the dimensions and square footage of each room and storage space and shall indicate the intended use of each room.

      (2)   One off-street parking space shall be provided for each two occupants of the dwelling.

      (3)   Each boarding house shall contain complete bath facilities and a central kitchen with complete cooking and washing facilities. The facilities shall be available to the occupants of the boarding house at all hours. No cooking facilities of any kind shall be located in any room except the central kitchen.

      (4)   The applicant shall document to City Council that the boarding house meets all of the plumbing, electrical, heating, building, fire and similar standards set by the City and by the Commonwealth of Pennsylvania.

      (5)   Every rooming unit shall contain a minimum of 150 square feet of floor area and may be occupied by one person. In every rooming unit, the bedroom thereof shall contain at least 70 square feet of floor area.

      (6)   In any dwelling in which water closet, lavatory basins, bathtubs or shower facilities are shared by the occupants of more than one rooming unit, such facilities shall be so located within the dwelling as to be accessible without going through another dwelling unit or rooming unit.

      (7)   No basement or cellar shall be used as a habitable room or dwelling unit unless:

         (a)   Floors and walls are substantially watertight.

         (b)   The total window area, total open area and ceiling height are in accordance with Chapter 180, Construction Codes. 22

         (c)   The required minimum window area of every habitable room is entirely above the grade of the ground adjoining such window area, not including stairwells and accessways.

      (8)   See also provisions for roommate housing arrangements, which is a separate use.23

   C.   Bottle clubs. Bottle clubs shall only be allowed where listed in the zoning district regulations, and provided the following standards are met along with any other conditions set forth by City Council:

      (1)   Parking requirements shall be met as set forth in § 600-1603 of this chapter.

      (2)   A site plan and architectural plans, drawn to scale, shall be submitted. These plans shall show the location and dimensions of off-street parking, private entrances, walkways, landscaping, the dimensions and square footage of each room and storage space and shall indicate the intended use of each room.

      (3)   A statement must be presented setting forth the full particulars of the use, including the hours of operation and any proposed entertainment and dancing.

      (4)   The applicant must demonstrate that the proposed use in the intended location will not adversely affect the value, or the safe and comfortable enjoyment of property rights for adjacent property owners.

      (5)   Any building of a bottle club shall not be located within 1,000 feet of any primary or secondary school, place of worship, day-care facility, municipal park, playground, library, sexually oriented business, or other bottle club.

      (6)   After-hours clubs that allow on-site consumption of alcoholic beverages between 2:30 a.m. and 6:00 a.m. in return for an admission charge or an annual membership fee are effectively prohibited by State Act 219 of 1990, as amended (18 Pa.C.S.A. § 7327).

      (7)   In the event that such use would be determined to be allowed, a two-hundred-foot setback shall apply from the building and any parking areas from any residential zoning district. The applicant shall prove that adequate on-site security will be in place. See also Chapter 127, Alcoholic Beverages, of the Code of the City of Reading, or the successor chapter. Where that provision and this chapter may differ, the strictest provision shall apply.

   D.   Conversions. This section applies to an existing building where it is allowed by the zoning district regulations to be converted into new dwelling units. The conversion of an existing one-family detached dwelling, one-family attached dwelling or one-family semidetached dwelling into two or more dwelling units shall be prohibited, as per §§ 600-803 and 600-804. [Amended 2-14-2011 by Ord. No. 8-2011; 12-16-2013 by Ord. No. 83-2013]

      (1)   A site plan, drawn to the scale, showing the location and dimensions of all off-street parking, private entrances, walkways and landscaping, shall be submitted, as well as architectural plans showing the dimensions and square footage of all rooms and storage spaces and indicating the intended use of all rooms.

      (2)   The conversion shall have the minimum floor area as designated by the following schedule:

 

 

      (3)   For each dwelling unit, there shall be a minimum 1 1/2 off-street parking spaces per unit.

      (4)   Documents indicating to the City Codes staff's satisfaction that all plumbing, heating and electrical equipment and facilities are adequate and appropriate for the proposed use. The entire building shall also be made available for a code inspection.

      (5)   See also the requirements of Chapter 308, Housing, including but not limited to requirements for the designation of a local agent if the owner does not live locally.

   E.   Fire and ambulance stations. A fire and/or ambulance station may be permitted as provided in the zoning district regulations, provided that the following standards are met:

      (1)   A proposed social hall and/or benefit association shall be considered as an additional "principal use" for the purposes of this Part.

      (2)   A complete plan of proposed traffic signalization and disruption devices, lighting, alarms, sirens, public address systems, and other infrastructure commonly associated with fire or ambulance stations, shall be provided to the Planning Commission as part of the review required by § 303.a.2. of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10303.a.2, and/or land development plans.

      (3)   Firefighting, ambulance and rescue vehicles and apparatus may be staged/displayed within their station's front yard. Fire and ambulance stations are hereby exempted from the driveway width standards set forth in § 600-1503B(2) and C(1), and the setback consideration of § 600-1602B.

   F.   Bus shelter. The applicant shall seek input from the local public bus service provider regarding bus stops. Any transit shelter shall be placed such that it does not impede the normal pedestrian functions of the sidewalk. 24 [Amended 8-26-2013 by Ord. No. 35-2013]

   G.   Junkyards. Junkyards may be allowed in the H-M Zone and shall need conditional use approval; provided, that the following conditions are met in addition to any stipulations set forth by City Council:

      (1)   All junkyards shall establish and maintain a fifty-foot wide buffer strip in accordance with § 600-1401 of this chapter. No junk material or accessory structures shall be stored or placed in the setback area.

      (2)   All junk shall be completely screened from public streets and adjacent off-street parking areas by fencing, landscaping and other appropriate measures, in accordance with the provisions established in § 600-1402 of this chapter, and City Planning recommendations.

      (3)   All junk shall be stored or arranged to permit access by emergency equipment and personnel, and to minimize the accumulation of water.

      (4)   Any junkyard shall be maintained in such a manner to minimize public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies, or other vectors.

   H.   Public utilities. Public utility uses such as telephone equipment centers and electric substations (but not including service storage yards), may be allowed where provided in the zoning district regulations, provided that the following standards are met:

      (1)   The entity shall be regulated by the Pennsylvania Public Utilities Commission.

      (2)   The proposed installation in a specific residential location is necessary for efficient service to the public in the neighborhood or area in which the particular use is to be located.

      (3)   The design of any building in connection with such a facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights.

      (4)   Approved fencing and other security devices shall be provided.

      (5)   A buffer strip 10 feet in width and screening are provided and shall be continually maintained in accordance with Part 14 of this chapter.

      (6)   Adequate off-street parking is provided.

      (7)   All area yard and building coverage requirements of the zoning district in which the use is located shall be met.

      (8)   These provisions shall not apply to sanitary sewage pumping stations, which shall be considered a municipal use.

   I.   Residential care facility, including group care facilities and group care institutions. See the zoning district regulations concerning which types are allowed in various districts.

      (1)   The following standards shall be for all residential care facilities:

         (a)   A site plan and architectural plans, drawn to scale, shall be submitted. These plans shall show the location and dimensions of off-street parking, private entrances, walkways, landscaping, the dimensions and square footage of each room and storage space and shall indicate the intended use of each room.

         (b)   No residential care facility shall be located within 800 feet of another group care facility, group institution, school, day-care home, or day-care center.

         (c)   One off-street parking space shall be provided per employee computed on the basis of the estimated maximum number of employees at any one time, plus one space for each four patient/client beds.

         (d)   The premises at which the residential care facility is located shall be owned or leased by the social service agency sponsoring the group care facility.

         (e)   The sponsoring entity shall document to the Zoning Administrator that all building, fire, plumbing, heating, electrical and similar systems meet the standards set by the City and by the Commonwealth of Pennsylvania.

         (f)   See also § 600-1201B.

      (2)   The following standards are for all group care facilities:

         (a)   Group care facilities, by design and intent, shall provide for the temporary needs of transient residents.

         (b)   No group care facility shall have more than nine residents at any given time, not including live-in supervisors. [Amended 12-16-2013 by Ord. No. 83-2013]

         (c)   The only physical changes to the dwelling shall be those required by law. When the use is abandoned, any subsequent use shall conform to permitted uses in that zoning district.

         (d)   No more than two live-in supervisors shall reside in the group care facility.

         (e)   Although live-in supervision is not required, the sponsoring social service agency shall document to the Board that the agency shall provide the residents of the group care facility with the physical safety and the emotional support they require. Because residents of a group care facility are likely to be suffering from personal crises, some form of immediate contact with a counselor should be available at all hours. Likewise, immediate contact with sponsoring social service agency should be available to members of the public who may be in need of the services of the group care facility.

      (3)   The following standards are for all group care institutions.

         (a)   The group institution, by design and intent, shall provide for the long-term needs of its residents and shall not accommodate the needs of transient individuals.

         (b)   A licensed physician, psychologist, counselor or social worker in the employ of or under contract to the social service agency shall be responsible for the assignment of residents to the group institution.

         (c)   At least one supervisor shall be on call during all hours during which any resident of the group institution is on the premises.

         (d)   The dwelling unit shall not be altered in any manner that would change the original dwelling unit character of the group institution.

   J.   Sexually oriented businesses. Sexually oriented businesses shall only be allowed where provided under the zoning district regulations and shall need conditional use approval and shall meet the following standards, along with any other conditions set forth by City Council:

      (1)   Such businesses shall include, but not be limited to, book and video stores, movie theaters, cabarets and massage parlors.

      (2)   No sexually oriented business shall be established within 1,000 feet of a place of worship, a primary or secondary school, lot line of a dwelling, residential zoning district boundary, child day care, nursery school, park, playground, recreation trail, recreational facility open to community use, or existing sexually oriented business.

      (3)   No pornographic material or other material deemed offensive to the general public shall be visible from the outside of the premises.

      (4)   Any use established or approved after the effective date of this chapter shall not be open to customers or patrons between the hours of 12:00 midnight and 6:00 a.m.

      (5)   See also Chapter 473, Sexually Oriented Businesses, of the Code of the City of Reading, including, but not limited to, the statement of purposes and findings.

   K.   Student home. Student homes in the R-1A, R-1 and R-2 Districts are permitted only in an existing lawful apartment dwelling, as per §§ 600-801, 600-802 and 600-803. In all other districts and in the Institutional Overlay Zone, the student home regulations shall not apply and instead the occupancy of a dwelling shall be regulated by the definition of a "family." [Amended 12-16-2013 by Ord. No. 83-2013]

      (1)   A student home shall meet the same regulations as apply to the type of dwelling unit, in addition to the student home regulations.

      (2)   The owner of any existing student home shall register its location with the Zoning Administrator within one year after the enactment of this chapter.

      (3)   Where a property is used for student housing and has been legally established as a nonconforming use, the use shall only be allowed to continue in such nonconforming manner if the owner registers such nonconformity with the Zoning Administrator within one year after the effective date of this chapter or a zoning amendment that made the use nonconforming.

      (4)   A site plan and architectural plans, drawn to scale. These plans must show the location and dimensions of off-street parking, private entrances, walkways, the dimensions and square footage of each room and storage space and shall indicate the intended use of each room.

      (5)   The housing arrangement must meet the standards of the City of Reading Building, Housing and Fire Codes (Chapter 180, Construction Codes) as required for residential rental properties. The owner must verify to the Zoning Administrator on an annual basis that the building meets all of the plumbing, electrical, heating, building, fire, and similar standards set by the City and by the Commonwealth of Pennsylvania.

      (6)   No cooking facilities of any kind shall be located in any room except the central kitchen.

      (7)   Every bedroom shall be at least 70 square feet of floor area and there shall be no more than two occupants per bedroom.

      (8)   No basement or cellar shall be used as a habitable bedroom except by special exception approval or variance.

      (9)   No student home shall be located within 500 linear feet of any other lot on which is established a student home, except by variance, measured by the shortest distance between the two lots where the proposed student home is located (including, but not limited to, each existing student home use located in any district which is of a different designation than the district in which the new student home use is proposed).

      (10)   A one-family dwelling used as a student home shall have a floor area of at least 1,000 square feet, exclusive of basements, garages and accessory buildings.

      (11)   A student home shall meet the area and bulk requirements for the type of dwelling in the applicable zoning district where such use is proposed.

      (12)   The owner of the student home, or the agent or manager of the student home, shall annually register the student home with the Codes Enforcement Division on a form provided by the City of Reading. If the owner of the student home fails to maintain a current registration of his or her student home, the Codes Enforcement Division in conjunction with the Zoning Administrator shall enforce such condition in accordance with § 600-201 et seq. of this chapter.

      (13)   If the one-family dwelling where the student home is proposed cannot meet the parking requirements set forth in § 600-1603A(36) herein, the governing body may still authorize the conditional use with the condition that the number of occupants which may reside at the student home shall be limited to the number of off-street parking spaces provided for the dwelling.

      (14)   See the regulations of the R-1A, R-1 and R-2 Districts, which may limit the types of dwellings that may be used as a "student home."

   L.   Taverns and nightclubs. Taverns and nightclubs shall be allowed as provided in Part 8 of this chapter, in addition to any conditions set forth by the City Council where conditional use approval is needed:

      (1)   For the purpose of this chapter, taverns are reputable, PLCB licensed establishments designed primarily for the on-site consumption of alcoholic beverages by consenting adults.

      (2)   The term "taverns" also includes bars, pubs, beer gardens, cocktail lounges, saloons, and taprooms. See the definition of "nightclub."

      (3)   Except in the C-C District, no tavern or nightclub shall be located within 500 feet of another tavern or other PLCB-licensed establishment.

      (4)   Except in the C-C District, no tavern or nightclub shall be located within 1,000 feet of a school, place of worship, playground, hospital, day-care facility, residential care facility or charitable institution.

      (5)   All taverns or nightclubs shall hold a valid license for the premises in which the establishment is located.

      (6)   All taverns and nightclubs, except for food sales, if the establishment holds a state- extended hours food license, shall only operate between the hours of 7:00 a.m. and 2:00 a.m. the following day.

      (7)   No tavern or nightclub shall contain less than 300 square feet of usable floor area.

      (8)   Entertainment shall be permitted as an accessory use.

      (9)   All taverns and nightclubs shall comply with all state and local codes regulating such establishments.

   M.   Treatment center.

      (1)   See definition.

      (2)   The applicant shall provide a written description of all conditions (such as criminal parolees, alcohol addiction) that will cause persons to occupy the use during the life the permit. Any future additions to this list shall require an additional conditional use approval.

      (3)   The applicant shall prove to the satisfaction of the City Council that the use will involve adequate on-site supervision and security measures to protect public safety. If any applicable county, state, federal or professional association standards provide guidance on the type of supervision that is needed, the proposed supervision shall be compared to such standards.

      (4)   City Council may place conditions upon the use to protect public safety, such as conditions on the types of residents and security measures.

      (5)   A methadone treatment center or other drug treatment center or a use involving housing of two or more persons required to register their place of residence under Megan's Law II, 42 Pa.C.S.A. § 9791 et seq., shall be set back a minimum of 500 feet from each of the following: a primary or secondary school, a public park or playground, or a child day-care center.

      (6)   See also § 600-1201B.

   N.    Telecommunications facility, tower based WCF and antenna that are not defined as exempt under the PA Wireless Broadband Collocation Act (Note see §600-800, 2100 and 2206).

      (1)   The applicant shall present a plan showing the following items:

         (a)   Locations of all existing uses and proposed telecommunications facilities.

         (b)   Elevations of any existing uses and proposed telecommunications facilities.

         (c)   Vehicular access, fencing and any easements for access and utilities.

         (d)   The locations desired with two alternative locations.

      (2)   The telecommunications facility shall comply with all state and federal laws and regulations concerning aviation safety.

      (3)   The applicant shall provide stealth technology to camouflage the proposed facility to make them more visually appealing and blend the proposed facility to render it minimally visible to the casual observer defined, as approved by the Zoning Administrator, in consultation with the Public Works Director.

      (4)   The City may retain the assistance of a consultant and/or expert to assist in the review and evaluation of the application. The fees or costs incurred will be covered by the zoning permit fee.

[Added 10-24-2011 by Ord. No. 53-2011]

   A.   Application. Applications for approval of a proposed conditional use shall be made in writing and submitted in triplicate on forms prepared and provided by the City of Reading. The application shall be accompanied by payment of the applicable fee as determined and approved from time to time by ordinance of City Council 25   and a copy of the deed to the subject property. Such forms shall require, but shall not be limited to the following information: 26

      (1)   The name, address and signature of the applicant or appellant.

      (2)   The name and address of the owner of the property.

      (3)   A brief description and location of the property to be affected by such proposed change or appeal.

      (4)   A statement of the present zoning classification of the property in question and the present use thereof.

      (5)   A reasonably accurate description of the new construction, additions or changes intended to be made under this application indicating the size, height and uses of such proposed improvements.

      (6)   A plot plan of the property to be affected, indicating the location and size of the lot and the size of existing and intended improvements, shall be attached to the description. Plot plans shall conform to the requirements for plans and specifications specified for a zoning permit application in § 600-301D of this chapter.

      (7)   Such other information necessary to allow the City Council to determine that all requirements of this chapter have been met.

      (8)   The application shall be signed and sworn to by the owner of such property.

   B.   When the application is deemed by the Zoning Administrator to be complete, the Zoning Administrator shall determine whether or not the conditional use sought is one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use. If the Zoning Administrator determines that the conditional use sought is not one which is specifically authorized in the applicable zoning district, the application shall be denied and a written report of such finding shall be submitted to the Zoning Hearing Board and City Council. Any applicant aggrieved by such determination of the Zoning Administrator shall have the right to appeal said determination to the Zoning Hearing Board in accordance with the procedures set forth in §§ 600-406 through 600-410 of this chapter.

   C.   If the Zoning Administrator has determined that the conditional use sought is one which is specifically authorized as a conditional use in the zoning district wherein the applicant's property is located, one copy of the application shall be forwarded to the City Planning Commission for its review; one copy shall be retained by the Zoning Administrator and one copy shall be forwarded to the City Clerk for review by City Council or its designated member or independent attorney appointed as a hearing officer pursuant to 53 P.S. § 10913.2.

      (1)   The application shall be reviewed at one or more advertised hearings of City Council or its designated hearing officer with the initial hearing being commenced within 60 days of receipt of the completed application, unless the applicant agrees in writing to an extension of time. Each subsequent hearing shall be held within 45 days of the prior hearing. The City Council shall either approve or disapprove the application in writing within 45 days after the date of the final hearing. If a hearing officer is so designated and appointed by City Council, the hearing officer shall submit written findings and recommendations to City Council in sufficient time to permit a decision by Council or findings, where no decision is called for, within the allotted time for decision as provided herein.

      (2)   Notices of all hearings shall be given in accordance with the requirements of § 600-410A of this chapter.

      (3)   The hearing shall be conducted by the designated hearing officer or City Council in accordance with the same procedures and safeguards as those specified in § 600-410D through L of this chapter. [Amended 3-23-2015 by Ord. No. 13-2015]

      (4)   The decision and/or findings of City Council shall be made in accordance with the same requirements as those set forth for the Zoning Hearing Board in § 600-412 of this chapter. [Amended 3-23-2015 by Ord. No. 13-2015]

      (5)   Notice of the decision and/or findings by the hearing officer or City Council shall be made in accordance with the same requirements as those set forth for the Zoning Hearing Board in § 600-413.

      (6)   In the case of a proposed conditional use that may be subject to additional regulation and control by state or federal regulation(s) or statute(s), City Council may defer a final decision for up to 30 additional days or longer upon receipt of written request therefor from the applicant.

      (7)   (Reserved) 27

      (8)   The granting of permission to conduct a conditional use does not exempt the applicant from acquiring all approvals required by Chapter 515, Subdivision and Land Development, of the Code of the City of Reading.

      (9)   All appeals from the decision of City Council shall be made in compliance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.

   D.   Standards. Conditional uses shall meet the specific standards established for each use by this chapter and all other applicable zoning district requirements and general regulations established by this chapter. In addition, the following standards shall be met:

      (1)   The use shall be one which is specifically authorized as a conditional use in the zoning district wherein the applicant is seeking a conditional use.

      (2)   Services and utilities shall be made available to adequately service the proposed use.

      (3)   The use will not generate traffic such that hazardous or unduly congested conditions will result.

      (4)   The use is appropriate to the site in question.

      (5)   The use shall not adversely affect the character of the general neighborhood, or the health and safety of residents or workers on adjacent properties and in the general neighborhood.

      (6)   The applicant shall demonstrate, as a condition to approval of his application, that the standards in this subsection and those specified elsewhere in this chapter for the use in question would be met.

      (7)   The City Council may impose such additional safeguards as are necessary to protect the public health, safety and welfare.