A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses.

         (a)   Gardens, crop farming and forestry.

         (b)   One-family detached dwelling.

         (c)   Public parks, nature preserves and nonmotorized recreation trails.

      (2)   Accessory uses. In compliance with Part 10, unless otherwise noted.

         (a)   Animal shelters: maximum 25 square feet. No commercial use.

         (c)   Greenhouses: maximum 280 square feet. No commercial use.

         (d)   Home occupations, minor: in compliance with § 600-1006.

         (e)   Storage sheds: maximum 280 square feet.

      (3)   Special exception uses. In compliance with § 600-1202.

          (a)   Home occupations, major: in compliance with § 600-1006.

       (4)   Conditional use. In compliance with § 600-1203.

         (a)   Student home, which shall only be allowed in an existing lawful apartment dwelling.

   C.   Additional requirements.

      (1)   No development in this district requiring the removal of trees shall occur unless and until appropriate assurances are provided by the developer, backed by security acceptable to the City Solicitor, that all trees exceeding 10 feet in height, with trunks exceeding two inches in diameter, measured at four feet from ground level, will be replaced with trees of like type with a minimum height of six feet and minimum trunk diameter of two inches, measured six feet from ground level.

      (2)   A new principal building shall not be allowed if it will require the regrading of more than 3,000 square feet of land area that has a natural slope of greater than 25%.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses.

         (a)   Gardens, crop farming and forestry.

         (b)   One-family detached dwelling.

         (c)   Public parks, nature preserves and nonmotorized recreation trails.

      (2)   Accessory uses. In compliance with Part 10, unless otherwise noted.

         (a)   Animal shelters: maximum 25 square feet. No commercial use.

         (b)   Garages/carports: maximum 600 square feet. [Amended 2-14-2011 by Ord. No. 8-2011]

         (c)   Greenhouses: maximum 280 square feet. No commercial use.

         (d)   Home occupation, minor: in compliance with § 600-1006.

         (e)   Storage sheds: maximum 280 square feet.

         (f)   Swimming pools, accessory: see also Chapter 180, Construction Codes, and § 600-1001. [Amended 8-26-2013 by Ord. No. 35-2013]

         (g)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (h)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (i)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (j)   Non-tower based WCFs, pursuant to Part 21 of this Chapter. [Added 3- 27-2017 by Ord. No. 21-2017; amended 4-24-2023 by Ord. No. 41-2023]

      (3)   Special exception uses. In compliance with § 600-1202.

         (a)   Bed-and-breakfast inn.

         (b)   Home occupations, major: in compliance with § 600-1006.

      (4)   Conditional use. In compliance with § 600-1203.

         (a)   Student home, which shall only be allowed in an existing lawful apartment dwelling.

   C.   Additional requirements. [Added 2-14-2011 by Ord. No. 8-2011]

      (1)   Each newly built or placed dwelling unit shall have:

         (a)   A minimum dwelling unit width and length of 18 feet; and

         (b)   A permanent foundation or an enclosure around the base of the dwelling that has the appearance of a permanent foundation.

         (c)   Adaptive reuse in accordance with the provisions specified by § 600-1202.A. [Added 3-10-2025 by Ord. No. 16A-2025]

      (2)   If a lot is to be served by a mound on-lot septic system that is a raised above the ground level, it shall be located outside of the required front and side yard setbacks, unless the applicant proves to the satisfaction of the Zoning Officer and Sewage Enforcement Officer that such placement is infeasible.

   A.   Dimensional requirements.

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses.

         (a)   Gardens, crop farming and forestry.

         (b)   One-family detached dwelling.

         (c)   One-family semidetached dwelling.

         (d)   One-family attached dwelling.

         (e)   Public parks and nonmotorized recreation trails.

      (2)   Accessory uses. In compliance with Part 10, unless otherwise noted.

         (a)   Animal shelters: maximum 25 square feet. No commercial use allowed.

         (b)   Private garages/carports: maximum 600 square feet. See § 600-1002. [Amended 2-14-2011 by Ord. No. 8-2011]

         (c)   Greenhouses: maximum 280 square feet. No commercial use allowed. See § 600-1003.

         (d)   Home occupations: minor. See § 600-1006.

         (e)   Storage sheds: maximum 280 square feet. See § 600-1003.

         (f)   Swimming pools, accessory: see also Chapter 180, Construction Codes, and § 600-1001. [Amended 8--26-2013 by Ord. No. 35-2013]

         (g)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (h)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (i)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (j)   Non-tower WCFWCFs, pursuant to Part 21 of this Chapter. [Added 3- 27-2017 by Ord. 21-2017; amended 4-24-2023 by Ord. No. 41-2023]

      (3)   Special exception uses. In compliance with § 600-1202.

         (a)   Adaptive reuse in accordance with the provisions specified by § 600-1202A. [Amended 3-10-2025 by Ord. No. 16A-2025]

         (b)   Bed-and-breakfast inn.

         (c)   Cemeteries.

         (d)   College or university, which may include dormitories, fraternities, sororities and other student and/or staff residential uses, provided each residential use is: owned and/or operated by the college or university; and such residential uses are on lots of 50,000 square feet or greater. See also § 600-817, which includes alternative provisions within the INS Overlay Zone.

         (e)   Family child care home or adult care home as an accessory use: see § 600-1202. [Amended 3-10-2025 by Ord. No. 15A-2025]

         (f)   Home occupations, major: see § 600-1006.

         (g)   Life care retirement facility.

         (h)   Nursing home.

         (i)   Personal-care center.

         (j)   Places of worship.

         (k)   Municipal buildings.

         (l)   Public or private schools, not including dormitories.

         (m)   Swimming pool, as a principal use.

      (4)   Conditional uses. In compliance with § 600-1203.

         (a)   Group care home.

         (b)   Student home, which shall only be allowed in an existing lawful apartment dwelling.

   C.   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.

   D.   A maximum of 60% of the land area between the front of each residential use and the street right-of-way line shall be used for vehicle parking and driveways. See also § 600-1602B regarding parking locations. [Added 2-14-2011 by Ord. No. 8-2011]

   A.   Dimensional requirements.

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses.

         (a)   Gardens, crop farming and forestry.

         (b)   One-family detached dwelling.

         (c)   One-family semidetached dwelling.

         (d)   One-family attached dwelling (townhouse).

         (e)   Low-rise apartments, with a maximum density of 1,500 square feet of lot area per dwelling unit, but not including a "conversion" which is addressed in Subsection B(3) below.

         (f)   Public parks and nonmotorized recreation trails.

         (g)   Surface parking area as a principal or accessory use, provided it serves a use allowed in the R-3 District and does not serve the general public. See also § 600-1008.

         Note: in the R-3 District, student homes shall be allowed in any lawful dwelling without needing to meet the additional requirements of § 600-1203.

      (2)   Accessory uses. See Part 10 unless otherwise noted.

         (a)   Animal shelters: maximum 25 square feet. No commercial use allowed.

         (b)   Private garages/carports: maximum 600 square feet. [Amended 2-14-2011 by Ord. No. 8-2011]

         (c)   Greenhouses: maximum 280 square feet. No commercial use allowed.

         (d)   Home occupations, minor: see § 600-1006.

         (e)   Storage sheds: maximum 280 square feet.

         (f)   Swimming pools, accessory: see also Chapter 180, Construction Codes. [Amended 8-26-2013 by Ord. No. 35-2013]

         (g)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (h)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (i)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

      (3)   Conditional uses. In compliance with § 600-1203.

         (a)   Conversions: shall also meet Subsection C(4) below.

         (b)   Group-care home.

         (c)   Public utilities.

      (4)   Special exception uses. In compliance with § 600-1202.

         (a)   Adaptive reuse in accordance with the provisions specified by § 600- 1202.A. [Amended 3-10-2025 by Ord. No. 16A-2025]

         (b)   Bed-and-breakfast inn.

         (c)   Cemeteries.

         (d)   College or university, which may include dormitories, fraternities, sororities, and other full-time student and/or staff residential uses, provided that each residential use is: owned and/or operated by the college or university; and such residential uses are on a lot of 50,000 square feet or greater. See also § 600-817, which includes alternative provisions within the INS Overlay Zone.7

         (e)   Care facilities. [Amended 3-10-2025 by Ord. No. 15A-2025]

         (f)   Home occupations, major: in compliance with § 600-1006.

         (g)   Life care retirement facility.

         (h)   Mid-rise apartments, with a maximum density of 1,500 square feet of lot area per dwelling unit, which may be decreased to 1,000 square feet if all units (other than a manager) are limited to occupancy by persons age 62 or older and the physically disabled.

         (i)   Municipal buildings.

         (j)   Nursing homes.

         (k)   Personal-care centers.

         (l)   Places of worship.

         (m)   Public or private schools, not including dormitories swimming pool, as a principal use.

         (n)   Parking garage to serve a use allowed in the R-3 District.

   C.   Additional requirements in the R-3 District.

      (1)   If an existing rear or side alley is available or could be feasibly extended, it shall be used for access to off-street parking spaces and/or garage door(s) for the lot instead of a front yard driveway and/or a front garage door(s).

      (2)   This subsection is mainly designed to address situations where use of a rear or side alley is not feasible. If two or more side-by-side off-street parking spaces are located in the front yard of a single-family attached dwelling (townhouse) or if garage door(s) for two or more vehicles face onto the street in the front of the single-family attached dwelling (townhouse), then the minimum building width per dwelling along such street shall be a minimum of 24 feet.

      (3)   A maximum of 60% of the land area between the front of each residential use and the street right-of-way line shall be used for vehicle parking and driveways. See also § 600-1602B regarding parking locations. [Amended 2-14-2011 by Ord. No. 8-2011]

      (4)   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.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses.

         (a)   Residential uses: the same uses shall be allowed as are allowed in the R-2 District.

         (b)   Gardens, crop farming and forestry.

         (c)   Offices 8   (such as but not limited to the following: health care professionals, physicians, dentist, oral surgeon, orthodontist, periodontist, osteopath, chiropractor, physical therapist, psychologist, podiatrist, optometrist, lawyer, accountant, real estate broker, financial consultant, mortgage/financial businesses).

         (d)   Fire and ambulance station.

         (e)   Home occupations, minor, in accordance with § 600-1006.

         (f)   Public parks and nonmotorized recreation trails.

      (2)   Accessory uses.

         (a)   See Part 10 unless otherwise noted.

            [1]   Garages/carports: maximum 600 square feet. [Amended 2-14-2011 by Ord. No. 8-2011]

            [2]   Storage sheds: maximum 280 square feet.

         (b)   The following uses shall be permitted only on properties primarily used for residential purposes:

            [1]   Animal shelters: maximum 25 square feet and with no commercial use allowed. [Amended 8-26-2013 by Ord. No. 35-2013]

            [2]   Greenhouses: maximum 280 square feet and with no commercial use allowed.

            [3]   Swimming pools, accessory: see Chapter 180, Construction Codes. [Amended 8-26-2013 by Ord. No. 35-2013]

         (c)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (d)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (e)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (f)   Roof-mounted wind turbines. [Added 10-26-2015 by Ord. No. 58-2015]

      (3)   Special exception uses. Pursuant to § 600-1202.

      (b)   Home occupations, major: see § 600-1006.

      (c)   Place of worship.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

         (i)   Nonpublic parking garages and parking lots that serve a use located within the C-C District as opposed to being available to the general public. If such parking involves 10 or more new parking spaces then special exception approval shall be required. As a criteria of special exception approval the applicant shall show that the parking: (a) will not cause a loss of a significant historic building; (b) will not create a serious traffic congestion or a traffic hazard for pedestrians; and (c) will include suitable landscaping between the parking and a public sidewalk. See also Subsection C below. A new parking garage with a street frontage of more than 100 feet shall include at least one street-level commercial use.

         (j)   Bakeries (limited to 2000 square feet production floor area) and retail sale of baked goods

         (k)   Bank and other financial institutions which may include drive-through facilities

         (l)   Business and printing services

         (w)   Personal services such as barber or beauty shop (see § 600-1103) tailors nail salons (see § 600-1103) and certified massage therapy (see § 600-1103) and not including a massage parlor

         (z)   Recreational facilities public parks and nonmotorized recreation trails

         (aa)   Restaurants (eat-in or takeout) which may include entertainment but shall not include drive- through service. This use shall not allow outdoor sale of ready-to-eat heated food on a regular basis on a lot that is not operated from a building on the lot.

         (bb)   Retail stores

         (cc)   Small appliance sales repair and service stores

         (dd)   Small Wireless Communications Facilities, pursuant to Part 21 of this Chapter.

         (ee)   Social clubs and associations (non-PLCB licensed) which shall not be allowed fronting on Penn Street between 2nd Street and 6th Street and which shall not operate between 12:00 midnight and 11:00 a.m. For any use that also meets the definition of a BYOB Chapter 127 Part 3 (§§ 127-301 to 127-308) and § 127-202 shall also be met.

         (ff)   Trade vocational and hobby schools not including residential uses

NOTE:

      (2)   Accessory uses. See Part 10 unless otherwise noted.

         (a)   Amusement devices: pursuant to § 600-1010 of this chapter.

         (b)   Entertainment: pursuant to § 600-1005.

         (c)   Home occupations, major or minor: see § 600-1006.

         (d)   Storage as an accessory use to a use located within the C-C District.

         (e)   Roof-mounted wind turbines. [Added 10-26-2015 by Ord. No. 58-2015]

         (f)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (g)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (h)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (i)   Non-tower WCFs, pursuant to Part 21 of this Chapter. [Added 3-27-2017 by Ord. 21-2017; amended 4-24-2023 by Ord. No. 41-2023]

         (j)   Short-term rentals by right as an accessory use for residential occupancy as per provisions specified within § 600-1108. [Added 10-13-2025 by Ord. No. 58-2025]

      (3)   Conditional uses. See § 600-1203.

         (a)   Banquet hall.

         (b)   Gaming facility.

         (c)   Taverns and nightclubs.

      (4)   Special exception uses. Pursuant to § 600-1202 of this chapter.

         (a)   Care facilities. [Amended 3-10-2025 by Ord. No. 15A-2025]

         (b)   Dormitories owned and operated by a college or university, provided that the street-level floor shall include at least one principal business establishment. [Amended 3-23-2020 by Ord. No. 33-2020]

      (c)   Place of worship.

   C.   Additional requirements in the C-C District.

      (1)   Retail uses shall not extend into the public right-of-way, except as may be specifically approved under another City ordinance.

      (2)   Drive-through services shall only be permitted as accessory to financial institutions. A drive-through facility shall not have an entrance or exit onto Penn Street.

      (3)   Height requirements.

         (a)   Structures may be increased in height up to 175 feet by special exception, provided the applicant provides an analysis to show that the additional height will allow sunlight to reach the street during midday hours, considering any proposed setbacks and an analysis of how the building will be set back from windows of existing adjacent buildings to provide compatibility.

      (4)   See parking requirements in § 600-1603.

      (5)   A building shall not have a street-level building wall longer than 50 feet unless such wall is interspersed with a window or door at least every 50 feet, artistic displays, changes in building setback or rooflines of more than three feet variation, and/or architectural features.

      (6)   (Reserved)9

      (7)   A principal or accessory parking lot or parking garage shall not be allowed that is open to the general public, unless the structure is owned and/or operated by the City, Berks County, another governmental entity, or a City-authorized parking authority.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses.

         (a)   The same residential uses shall be allowed as are allowed in the R-3 District.

         (b)   High-rise apartments, provided at least one principal business establishment required to be located on the street level.

         (c)   Bakeries (limited to 2,000 square feet production floor area) and retail sale of baked goods.

         (d)   Drive-through services shall only be permitted as accessory to a financial institution or a pharmacy.

         (e)   College or university, provided that any residential uses shall meet the requirements for that type of residential use.

         (f)   Conversion of existing building space into one or more dwelling units, which shall meet the requirements listed for "conversions" in § 600-1203D, even though the use is not a conditional use. Such conversion shall only be allowed if the lot includes at least one street-level principal business establishment.

         (g)   Exercise clubs and fitness centers.

         (h)   Fire and ambulance station.

         (i)   Funeral homes.

         (j)   Gardens, crop farming and forestry.

         (k)   Movie theaters/performing arts facilities.

         (l)   Municipal buildings.

         (m)   Nursing homes or personal-care centers.

         (n)   Offices, clinics and laboratories.

         (o)   Parking garages and lots. See also § 600-1008 for off-premises parking.

         (p)   Personal services, such as barber or beauty shop (see § 600-1103), tailors, nail salons (see § 600-1103) and certified massage therapy (see § 600-1103), and not including a massage parlor.

         (q)   Radio and television stations.

         (r)   Recreational facilities, public parks and nonmotorized recreation trails.

         (s)   Restaurants (eat-in or takeout) without entertainment and without drive-through service. This use shall not allow outdoor sale of ready-to-eat heated food on a regular basis on a lot that is not operated from a building on the lot.

         (t)   Retail stores, with drive-through facilities limited to a pharmacy, and with vehicle fuel sales and vehicle sales being prohibited.

         (u)   Small appliance sales, repair and service shops.

         (x)   Trade, vocational and hobby schools, not including residential uses, and provided there is not exterior use of heavy equipment or heavy machinery in connection therewith.

      (2)   Accessory uses. See Part 10, unless otherwise noted.

         (a)   Amusement devices pursuant to § 600-1010 of this chapter.

         (b)   Entertainment pursuant to § 600-1005 of this chapter.

         (c)   Home occupations, major or minor, see § 600-1006.

         (d)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (e)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (f)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (g)   Non-Tower WCFs, pursuant to Part 21 of this Chapter. [Added 3-27- 2017 by Ord. No. 21-2017; amended 4-24-2023 by Ord. No. 41-2023]

         (h)   Short-term rentals by right as an accessory use for residential occupancy as per provisions specified within § 600-1108. [Added 10-13-2025 by Ord. No. 58-2025]

      (3)   Conditional uses. All uses listed below shall be pursuant to § 600-1203 of this chapter.

         (a)   Banquet hall.

         (b)   Boarding houses.

         (c)   Group-care facility.

         (d)   Public utilities.

         (e)   Taverns and nightclubs.

         (f)   Temporary shelter.

         (g)   Group-care facility.

      (4)   Special exception uses. All uses listed below shall be pursuant to § 600-1202 of this chapter.

         (b)   Amusement arcade.

         (d)   Primary or secondary school, public or private.

         (e)   Hospital.

         (f)   Places of worship.

   C.   Additional requirement in the C-R District.

      (1)   A drive-through facility shall not have an entrance or exit onto Penn Street.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses:

         (a)   Residential uses: the same residential uses shall be allowed as are allowed in the R-3 District.

         (b)   Bakery.

         (c)   Banking and financial institutions, which may include drive-through service.

         (d)   Convenience stores, with fuel sales only allowed as a conditional use.

         (e)   Family child home or adult care home, provided that a maximum of four persons shall be cared for (in addition to sons or daughters of the caregiver) on a residential lot of less than 2,500 square feet. If a family child care home or adult care home is proposed on a residential lot, it shall also meet the provisions of § 600-1202D(1). [Amended 2-14-2011 by Ord. No. 8-2011 ; amended 3-10-2025 by Ord. No. 15A-2025]

         (f)   Drugstores, which may include drive-through service.

         (g)   Dry cleaners, self-service laundries (limited to 2,000 square feet of service/production area).

         (h)   Exercise clubs.

         (i)   Fire and ambulance station.

         (j)   Funeral home.

         (k)   Gardens, crop farming and forestry.

         (l)   Home occupations, major or minor: see § 600-1006.

         (m)   Municipal buildings.

         (n)   Offices.

         (o)   Nursing homes or personal-care centers.

         (p)   Parking lots other than parking areas that primarily serve tractor-trailer trucks.

         (q)   Personal services, such as barber or beauty shop (see § 600-1103), tailors, nail salons (see § 600-1103) and certified massage therapy (see § 600-1103), and not including a massage parlor.

         (r)   Recreation facilities, public parks and nonmotorized recreation trails.

         (s)   Restaurants (eat-in and takeout), but not including drive-through service, provided that such uses shall not be developed in a building is attached to a principally residential building on another lot that is not in common ownership. This use shall not allow outdoor sale of ready-to-eat food on a regular basis on a lot that is not operated from a building on the lot.

         (t)   Retail stores without drive-through service, provided that such uses shall not be developed in a building is attached to a principally residential building on another lot that is not in common ownership.

         (u)   Self-storage facilities.

         (v)   Small appliance sales, service and repair shops.

         (x)   Storage or warehousing as a principal or accessory use.

         (y)   Wholesale sales.

      (2)   Accessory uses. In compliance with Part 10, unless otherwise noted. [Added 10-26-2015 by Ord. No. 58-201510]

         (a)   Geothermal heat pumps.

         (b)   Solar energy systems.

         (c)   Water-powered energy systems.

         (e)   Short-term rentals by right as an accessory use for residential occupancy as per provisions specified within § 600-1108. [Added 10-13-2025 by Ord. No. 58-2025]

      (3)   Conditional uses: pursuant to § 600-1203.

         (a)   Banquet hall.

         (b)   Taverns and nightclubs, provided that such uses shall not be developed in a building that abuts a principally residential lot unless the lots are in common ownership.

         (c)   Vehicle fuel sales, which shall only be allowed if the applicant proves the use will be designed to avoid conflicts with pedestrian travel and to provide compatibility with adjacent uses, and provided the use is not adjacent to a principally residential lot.

      (4)   Special exception uses:

         (a)   Care facilities, other than family child care homes or adult care homes. [Amended 3-10-2025 by Ord. No. 15A-2025]

         (c)   Amusement arcade.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses: [Amended 2-14-2011 by Ord. No. 8-2011; 8-26-2013 by Ord. No. 35-2013; 4-24-2023 by Ord. No. 41-2023]

         (a)   Banks and financial institutions including drive-through

         (b)   Beverage distributors beer and soft drinks

         (c)   Car wash

         (d)   College or university not including residential uses unless such dwellings meet the requirements for a dwelling occupied by a “family”

         (e)   Convenience stores with or without auto fuel sales

         (f)   Emergency health-care facility/office

         (g)   Exercise clubs

         (h)   Fire and ambulance station

         (i)   Funeral homes

         (j)   Gardens crop farming and forestry

         (k)   Home and garden supply centers

         (l)   Laundromats

         (m)   Miniature golf course

         (n)   Motels and hotels

         (o)   Municipal uses

         (p)   Nursing homes or personal-care centers

         (q)   Offices

         (r)   Parking lots and structures

         (s)   Passenger terminal facilities

         (t)   Personal service businesses

         (u)   Radio and television stations

         (v)   Recreational facilities public parks and nonmotorized recreation trails

         (w)   Residential uses: the same residential uses shall be allowed as are allowed in the R-3 District

         (x)   Restaurants including eat-in takeout drive-through service. This use shall not allow outdoor sale of ready-to-eat heated food on a regular basis on a lot that is not operated from a building on the lot.

         (y)   Retail stores which may include drive-through facilities

         (z)   Small Wireless Communications Facilities, pursuant to Part 21 of this Chapter.

         (aa)   Social clubs and associations PLCB and non-PLCB licensed. Such use shall not be open between the hours of 12:00 midnight and 11:00 a.m. For any use that also meets the definition of a BYOB Chapter 127 Part 3 (§§ 127-301 to 127-308) and § 127-202 shall also be met.

         (bb)   Taxi headquarters

         (cc)   Temporary employment agencies and service

         (dd)   Vehicle sales or rental

         (ee)   Veterinary hospitals

         (ff)   Wholesale sales and services

      (2)   Accessory uses. See Part 10 unless otherwise noted.

         (a)   Amusement devices: pursuant to § 600-1010 of this chapter.

         (b)   Drive-through services: pursuant to § 600-1004 of this chapter.

         (c)   Entertainment: pursuant to § 600-1005.

         (d)   Home occupations, major or minor: see § 600-1006.

         (e)   Off-site parking areas: pursuant to § 600-1008.

         (f)   Non-tower WCFs, pursuant to Part 21 of this Chapter. [Added 3-27- 2017 by Ord. No. 21-2017; amended 4-24-2023 by Ord. No. 41-2023]

         (g)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (h)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (i)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (j)   Roof-mounted wind turbines. [Added 10-26-2015 by Ord. No. 58-2015]

         (k)   Short-term rentals by right as an accessory use for residential occupancy as per provisions specified within § 600-1108. [Added 10-13-2025 by Ord. No. 58-2025]

      (3)   Conditional uses. In compliance with § 600-1203.

         (a)   Banquet hall.

         (b)   Bottle clubs.

         (c)   Group institution.

         (d)   Public utilities.

         (e)   Taverns and nightclubs.

         (f)   Tower-Based WCFs, pursuant to Part 21 of this Chapter.

         (g)   Treatment center.

      (4)   Special exception uses. In compliance with § 600-1202.

         (a)   Adaptive reuse in accordance with the provisions specified by § 600- 1202.A. [Amended 3-10-2025 by Ord. No. 16A-2025]

         (b)   Amusement arcade.

         (c)   Auto service stations or auto repair.

         (e)   Manufactured/mobile home park.

         (f)   Pawn shop.

         (g)   Place of worship.

         (h)   Surface parking facility.

         (i)   Vehicle fuel sales.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

         (a)   Manufacture or industrial processing within an enclosed building involving the following: (as listed on the North American Industrial Classification System, as applicable)

         (b)   Assembly and packaging

         (c)   Electronic and electrical equipment

         (d)   Fabricated metals products

         (e)   Food and beverage products

         (f)   Leather and leather products (not including curing, tanning and finishing of hides)

         (g)   Machinery

         (h)   Medical and scientific equipment and related products

         (i)   Motor freight transportation and warehousing

         (j)   Non-PUC telecommunications facilities

         (k)   Paper and allied products (other than raw paper pulp)

         (l)   Petroleum and coal products, other than asphalt manufacture or petroleum refining

         (m)   Pottery and ceramics

         (n)   Primary metals industries

         (o)   Railroad transportation

         (p)   Research and development facilities

         (q)   Rubber, synthetic rubber, resins and miscellaneous products

         (r)   Sporting goods, toys, jewelry

         (s)   Stone, clay and glass products

         (t)   Textiles and apparel

         (u)   Tobacco products

         (v)   Transportation equipment

         (w)   Transportation and public utilities

         (x)   Wood products and furniture

         (y)   Banks and financial institutions

         (z)   Auto repair and car washes, in compliance with § 600-1105

         (aa)   College or university, not including residential uses

         (bb)   Convenience stores with fuel sales

         (cc)   Employee agencies and services

         (dd)   Exercise club

         (ee)   Fire and ambulance stations

         (ff)   Flex space buildings that include one or more permitted-by-right business uses

         (gg)   Gardens, crop farming and forestry

         (hh)   Lumber and building material supply center, retail or wholesale

         (ii)   Municipal uses

         (jj)   Offices and medical laboratories

         (kk)   Radio and television stations

         (ll)   Recreation facilities, public parks and nonmotorized recreation trails

         (mm)   Restaurants, which may not include drive-through service. This use shall not allow outdoor sale of ready-to-eat heated food on a regular basis on a lot that is not operated from a building on the lot.

         (nn)   Retail and wholesale sales and services

         (oo)   Self-storage facilities

         (pp)   Swimming pool as principal use

         (qq)   Taxi headquarters

         (rr)   Non-tower based WCF if co-located on a municipal facility or a tower-based WCF that existed prior to the approval of this part and pursuant to Part 21 of this chapter and those that are not within 500 feet of a residential property or located within a setback area. See § 600-2106. [Added 3-27-2017 by Ord. No. 21-2017]

         (ss)   Facilities may be placed on a leased area.

         (tt)   Small Wireless Communications Facilities, pursuant to Part 21 of this Chapter.

         (uu)   Trade, vocational and hobby schools, not including residential uses

         (vv)   Vehicle sales or rental

         (ww)   Warehouse, distribution and storage facilities

      (2)   Accessory uses. See Part 10, unless otherwise noted.

         (a)   Drive-through services for allowed principal uses: pursuant to § 600-1004 of this chapter.

         (b)   Entertainment: pursuant to § 600-1005 of this chapter.

         (c)   Swimming pools, accessory.

         (e)   Wind turbine as an accessory use in compliance with § 600-1012.

         (f)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (g)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (h)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (i)   Freestanding or roof-mounted wind turbines. [Added 10-26-2015 by Ord. No. 58-2015]

      (3)   Conditional uses. In compliance with § 600-1203.

         (a)   Banquet hall.

         (b)   Public utilities, other than City-owned or City-operated uses and other than utility lines.

         (c)   Taverns and nightclubs.

         (d)   Tower-Based WCFs, pursuant to Part 21 of this Chapter. [Added 4-24- 2023 by Ord. No. 41-2023]

      (4)   Special exception uses. In compliance with § 600-1202.

         (a)   Care facilities. [Amended 3-10-2025 by Ord. No. 15A-2025]

         (b)   Kennels.

         (c)   Manufacture or industrial processing of chemicals and allied products.

         (d)   Manufacture of plastics and polymers.

   C.   Additional requirements.

      (1)   A minimum of 10% of the lot shall be devoted to areas landscaped with trees and shrubs and vegetative ground cover. This area shall not be used for any other purpose.

      (2)   All activities shall take place indoors; all outdoor storage shall be screened from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.

      (3)   Landscaped buffer strips, meeting Part 14 with a minimum of 10 feet wide in M-C Zones and 25 feet wide in H-M Zones, and plant screening shall be provided in every case where an industrial use abuts a principally residential use. In addition, where a residential district is located across a street or alley from a new or expanded industrial use, a ten-foot wide landscaped buffer strip shall be provided alongside such street or alley along such adjacent front, side or rear lot line.

      (4)   Truck loading and unloading areas shall be provided in an amount sufficient to permit the transfer of goods in other than a public street or front yard setback areas.

      (5)   Entrance and exit to permitted uses shall be clearly marked.

      (6)   Any glare, vibration or noise resulting from the use shall not be evident beyond the boundaries of the zoning district.

      (7)   The operation shall not result in the dissemination of smoke, dust, chemicals or odors into the air to such a degree as to be detrimental to the health, safety and welfare of any adjacent residents.

      (8)   (Reserved)11

      (9)   A minimum seventy-five-foot setback shall apply from the average water level of the Schuylkill River for any new or expanded vehicle parking, outdoor storage area or building. This requirement shall not apply for recreational uses open for free for use by the general public.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses:

         (a)   Manufacturing or industrial processing involving the following: (as listed in the North American Industrial Classification System, where applicable)

            [1]   Assembly and packaging.

            [2]   Electronic and electrical equipment.

            [3]   Fabricated metals products.

            [4]   Food and beverage products.

            [5]   Instruments and related products.

            [6]   Leather and leather products.

            [7]   Machinery.

            [8]   Paper and allied products.

            [9]   Petroleum and coal products, other than asphalt.

            [10]   Primary metals industries.

            [11]   Railroad transportation.

            [12]   Rubber, synthetic rubber, resins and miscellaneous products.

            [13]   Stone, clay and glass products.

            [14]   Textile and apparel products.

            [15]   Tobacco products.

            [16]   Transportation equipment.

            [17]   Transportation and public utilities.

            [18]   Wood products and furniture.

         (b)   Banks and financial institutions.

         (c)   College or university, not including residential uses.

         (d)   Exercise clubs.

         (e)   Fire and ambulance station.

         (f)   Flex space buildings, including two or more permitted business uses.

         (g)   Gardens, crop farming and forestry.

         (h)   Landing area for a helicopter, provided it meets requirements of State and Federal Aviation Agencies.

         (i)   Municipal uses.

         (j)   Offices.

         (k)   Radio and television stations.

         (l)   Recreation facilities, public parks and nonmotorized recreation trails.

         (m)   Research and development facilities.

         (n)   Self-storage facilities.

         (o)   Non-tower based WCF if co-located on a municipal facility or a tower-based WCF that existed prior to the approval of this part and pursuant to Part 21 of this chapter that are not located within 500 feet of a residential property or located within a setback area. See § 600-2106. [Amended 3-27-2017 by Ord. No. 21-2017]

         (p)   Small Wireless Communications Facilities, pursuant to Part 21 of this Chapter. [Added 4-24-2023 by Ord. No. 41-2023]

         (q)   Trade, vocational and hobby schools, not including residential uses.

      (2)   Conditional uses. See § 600-1203.

         (a)   Group institution.

         (b)   Junkyard.

         (c)   Manufactured home parks.

         (d)   Massage parlor (not including "massage therapy"), which shall meet the same regulations as a sexually oriented business, in addition to the City of Reading Code requirements.

         (e)   Sexually oriented business: pursuant to § 600-1203.

         (f)   Temporary shelter.

         (g)   Treatment center.

      (3)   Special exception uses:

         (a)   Manufacture of plastics and polymers.

         (b)   Manufacture and industrial processing of chemicals and allied products.

         (c)   Manufacture of asphalt.

         (d)   Solid waste transfer facility.

         (e)   Such other manufacturing and industrial uses as the applicant proves to the satisfaction of the Zoning Hearing Board will be similar to allowed uses and will not create hazards to public health and safety.

         (a)   Freestanding or roof-mounted wind turbines. [Added 10-26-2015 by Ord. No. 58-2015]

         (b)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (c)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (d)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

   C.   Additional requirements. Section 600-811C shall also apply to the H-M District.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses:

         (a)   Bicycle and/or watercraft rentals, and boat-launching facilities.

         (b)   Gardens, crop farming and forestry.

         (c)   Nature preserves, nonmotorized recreation trails or similar recreation facilities, provided that a setback shall not apply for a nonmotorized recreation trail or related fencing.

         (d)   Offices, cultural centers, visitors centers, arts exhibition areas or museums within a building that existed prior to the adoption of this chapter.

         (e)   Public parks and playgrounds and public recreation buildings.

         (f)   Public water and sewage treatment facilities.

         (g)   Public water and sewer drainage facilities.

         (h)   Small Wireless Communications Facilities, pursuant to Part 21 of this Chapter. [Added 4-24-2023 by Ord. No. 41-2023]

      (2)   Accessory uses. See Part 10, unless otherwise noted.

         (a)   Greenhouses: maximum 280 square feet with no commercial use.

         (b)   Parking facilities that are accessory to the principal use located on the same lot, provided the parking lot shall be screened by vegetation to filter views from beyond the lot, except through required means of access.

         (c)   Storage sheds or pavilions: maximum 280 square feet of floor area.

         (d)   Geothermal heat pumps. [Added 10-26-2015 by Ord. No. 58-2015]

         (e)   Solar energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (f)   Water-powered energy systems. [Added 10-26-2015 by Ord. No. 58-2015]

         (g)   Non-Tower WCFs, pursuant to Part 21 of this Chapter. [Added 4-24-2023 by Ord. No. 41-2023]

Within the P-S Overlay Zone, the same regulations shall apply as apply within the C-C District, except for the following:

   A.   The street-level floor area abutting Penn Street for a depth from the front of the building of at least 60 feet shall not be occupied by any of the following uses:

      (1)   Care facilities. [Amended 3-10-2025 by Ord. No. 15A-2025]

      (2)   Dwelling units, dormitories or other residential uses.

      (3)   Storage.

      (4)   Places of worship.

      (5)   Pawn shops.

      (6)   Surface off-street parking spaces or off-street truck loading spaces or docks.

      (7)   Social clubs, private clubs, bottle clubs and bring-your-own-beverage clubs.

   B.   No new vehicle entrances or exits shall be allowed directly onto the 200, 300, 400 or 500 blocks of Penn Street, except that the City may approve the relocation of an existing entrance or exit.

   C.   The P-S Overlay Zone shall apply to lots that abut Penn Street between Second Street and Sixth Street.

   A.   Boundary. The RR District is hereby established, which shall include the geographic area shown on Exhibit A, 13  which is considered to be part of the Zoning Map.

   B.   Applicability and phasing.

      (1)   The RR Overlay Zone is an optional zoning district that overlays the underlying zoning district. An applicant shall have the option of developing property under the RR District or under the underlying district. Once a final planned residential development (PRD) plan is approved under the RR District, such land shall be developed under the RR District provisions and not the underlying zoning district, unless the Planning Commission approves a zoning application to abandon the PRD approval, after the applicant has provided notice in writing to the Zoning Officer and the Planning Office.

         (a)   Until such time as development is underway within a phase of development that was granted final PRD approval, uses shall be allowed under the regulations of the underlying zoning district. Once a final PRD plan has been approved for a phase, then within the land area of that phase, only uses that are allowed in the RR Overlay Zone shall be allowed, provided that other lawful preexisting uses may be continued as nonconforming uses.

      (2)   Development in the RR Overlay Zone shall first require tentative and then final approval as a planned residential development (PRD). The PRD approval process replaces the conventional subdivision and land development approval process. Once a PRD has been granted final approval by the City Planning Commission, then individual uses allowed in the RR Overlay Zone shall be permitted by right, provided they are consistent with the approved PRD plan. If uses or development are proposed that are inconsistent with the approved PRD plan, then the proposed PRD plan revisions shall first be approved by the Planning Commission.

      (3)   The provisions of this RR Overlay Zone shall only be available to be utilized if the "total area of the tract" is greater than 10 acres in common ownership or common equitable ownership at the time of tentative PRD plan submission. For the purposes of the RR Overlay Zone, a tract may include lots that are separated from each other by a street, a railroad, a park, or an alley.

         (a)   Once a final PRD plan has been approved, then individual buildings may be undertaken by various entities, provided there is overall compliance with the final PRD approval and provided there is compliance with the City-approved phasing plan and a development agreement that have been approved by the City.

         (b)   See additional phasing provisions in Subsection F below.

   C.   Use regulations. Within the RR Overlay Zone, land and/or structures may be used for any of the following permitted-by-right uses listed below and be combined together in one or more buildings, provided final PRD approval has been previously granted.

      (1)   Single-family detached dwellings.

      (2)   One-family semidetached dwellings or duplex dwelling.

      (3)   Apartment/multifamily dwellings, which may include mid-rise or high-rise apartments, provided the height requirement is met.

      (4)   One-family attached dwellings (townhouses).

      (5)   Adaptive reuse of a building to convert building space into dwelling units and/or to increase the number of dwelling units, provided the density requirements of this section are met.

      (6)   Amusement arcade.

      (7)   Bed-and-breakfast inn.

      (8)   Surface, underground or structured parking areas as an accessory or principal use, provided that the area of surface parking lots shall not comprise more than 50% of the total area of all lots within the tract, and provided that underground parking shall not be allowed within the one-hundred-year floodplain.

      (9)   Business services, which may include but is not limited to photocopying and custom printing.

      (10)   Catering, preparation of food for.

      (11)   Telecommunications tower/antenna that are attached to a building and that extend less than 25 feet above a principal building.

      (12)   Custom crafts, manufacture and sale of (such as jewelry and handicrafts), or artisan's studio, or retail craft shops such as, but not limited to, artisan shops, glass blower shops, ceramic tile maker shops.

      (13)   Exercise club or fitness facility.

      (14)   Financial institution (which includes a bank but which does not include a check- cashing establishment or pawn shop, each of which shall be considered a retail store).

      (15)   Hotel or motel, which may include a restaurant and conference center.

      (16)   Massage therapy by a trained person certified by a recognized professional organization, not including a sexually oriented business.

      (17)   Newspaper publishing and printing.

      (18)   Offices of business, institution, profession, medical, or similar entity (see also "home occupation").

      (19)   Personal services [such as barber and beauty shops (see § 600-1103), nail salons (see § 600-1103), laundry and dry cleaning pickup and delivery, and closely similar uses].

      (20)   Recreation, commercial, indoor or outdoor, other than an outdoor motor vehicle race track.

      (21)   Restaurant, which may include entertainment, provided that drive-through service shall be prohibited.

      (22)   Municipal buildings and uses and other governmental facilities, but not including prisons, other correctional facilities and solid waste facilities.

      (23)   Retail store(s), which may include but is not limited to a supermarket or a farmers market, but not including an adult business.

      (24)   Tavern or nightclub, which may include a brew pub that manufactures alcoholic beverages for on-site and off-site sale.

      (25)   Theaters (not including a "sexually oriented business"), performing arts facilities, civic and/or cultural facility, arena, museum, canal, amusement park, water park, aquarium, sports stadium, gymnasium or auditorium.

      (26)   Trade school or similar educational institution.

      (27)   Veterinarians, other than kennel.

      (28)   Research and development, engineering or testing facility or laboratory.

      (29)   Adult care center. [Amended 3-10-2025 by Ord. No. 15A-2025]

      (31)   College or university, which may include dormitories or residence halls for full-time students and staff.

      (32)   Museum or visitor's center, and which include accessory retail sales.

      (33)   Nursing home or personal-care/assisted-living home or congregate care housing retirement community.

      (34)   Community center or resident/employee recreation center, nonprofit.

      (35)   Social club meeting facilities.

      (36)   Public park, playground or other publicly owned or publicly operated recreation facilities or noncommercial outdoor recreation areas, or nonmotorized recreation trails.

      (37)   Boat dock, wharf or marina.

      (38)   Swimming pools, public or private.

      (39)   Bus stops, bus passenger shelters and taxi waiting areas.

      (40)   Indoor vending and amusement machines, not including gambling machines.

      (41)   Public utilities meeting § 600-1203, including, but not limited to, electric substations and sanitary sewage facilities, but not including vehicle garages, warehouses, storage yards or freestanding commercial communications towers.

      (42)   Accessory use and/or structure on the same lot and customarily incidental to a lawful principal use.

      (43)   Community special event facilities, which may include tents, awnings and displays.

      (44)   Family child care home. [Amended 3-10-2025 by Ord. No. 15A-2025]

      (45)   Group child care home or child care center as a principal use. [Amended 3-10-2025 by Ord. No. 15A-2025] 

      (46)   (Reserved)

      (47)   Minor home occupations meeting § 600-1006. If a dwelling unit is designated on the final PRD plan as being a "live/work unit," then the requirement that the home occupation area is limited to 25% of the dwelling unit floor area may be increased to 50%.

      (48)   Sales or rental office, which may include model units, provided that any temporary modular sales/rental building shall be limited to use during the first year of construction.

      (49)   Warehousing as an accessory use to the permitted principal use of the lot, provided the warehousing does not occupy more than 25% of the floor area of the building.

      (50)   Places of worship.

      (51)   Private or public primary or secondary school.

   D.   Site layout and dimensional regulations.

      (1)   The following area, yard and building regulations shall apply for all uses approved within a PRD, whichever is most restrictive:

         (a)   Maximum residential density: 75 dwelling units/acre. 14

         (b)   Minimum lot area: 10,000 square feet, provided that 1,600 square feet for townhouses and for commercial uses fronting upon a pedestrian-oriented commercial street.

         (c)   Minimum lot width: 50 feet, provided that 20 feet shall be allowed for townhouses and commercial uses fronting upon a pedestrian-oriented commercial street. 15

         (d)   Minimum building setback for a new building from an abutting lot line at the perimeter of the tract: 15 feet, except a minimum of 30 feet from a residential district boundary for a building of greater than 40 feet in height.

         (e)   Minimum front yard setback: zero feet.

         (f)   Minimum rear yard setback: zero feet.

         (g)   Minimum side yard setback: zero feet.

         (h)   Maximum building coverage: 80%. 16

         (i)   Maximum building height: 140 feet, except 200 feet for portions of buildings that are more than 200 feet from a principally residential lot that is outside of the PRD.

         (j)   Buffer yard required: no, except an eight-foot wide buffer yard shall be required if a preexisting principal dwelling in a residential district is adjacent or across a street or alley from a new principal business use and such dwelling is not within the RR Overlay Zone.

         (k)   Site plan review by City Planning Commission: yes.

         (l)   Riverfront building setback: minimum of 50 feet from the top of the bank of the Schuylkill River or a structural wall or improved water's edge along the Schuylkill River, based upon conditions that will exist after the development is completed, based upon the approved final PRD plan. Pedestrian access may be placed within this setback.

         (m)   Each single-family detached, single-family semidetached or single-family attached dwelling shall have a private outdoor area including a minimum area of 300 square feet for the exclusive use of that dwelling unit. Such outdoor area may be a rear or side yard, a porch, a balcony, a deck, an improved rooftop recreation area with railings, or a similar feature.

      (2)   Fire access. The applicant shall prove to the satisfaction of the Planning Commission, after a review by the City Fire Department, that all buildings will be adequately accessible by fire apparatus. The applicant should use a computer program to show that adequate access will be available for the largest vehicles used by the Fire Department, including provisions for turnarounds. The City may require that buildings be sufficiently separated to allow firefighting access. Where streets or parking areas do not provide adequate access to various sides of a building, the City may require that a pedestrian pathway be constructed with sufficient paving depth and width so that the pathway will be suitable for use by fire trucks. Where there is no need for a pathway, the City may require other provisions for fire truck access, such as a stabilized surface under grass.

      (3)   Minimum business uses. A minimum of 35% of the total floor area of all enclosed buildings after completion of the development of the tract to be occupied by business uses. Areas used for vehicle parking shall not be considered in this calculation. [Amended 7-10-2017 by Ord. 60-2017]

      (4)   Open land. A minimum of 10% of the total lot area of the tract shall be set aside in open land that is available for active and passive outdoor recreational use by the residents and employees of the tract, or by the general public. Such open land shall be maintained in existing trees or may be planted with new trees and shrubs or improved for outdoor recreational facilities. Such open land shall be regulated by a conservation easement or deed restriction established by the applicant and enforceable by the City of Reading, which prohibits the construction of buildings and the further subdivision of the required open land.

         (a)   Outdoor recreational facilities shall be landscaped and may include pathways, pedestrian outdoor courtyards and structures typically included in active and passive recreational areas. Areas within a street right-of-way and areas used for buildings or vehicle parking shall not count towards the open land requirement, except rooftop active recreation facilities that are available to all residents of the building and/or tract may count towards up to 50% of the required open land areas. Required open land areas may be designed to be under a roof during inclement weather or under an awning or similar feature.

         (b)   Unless dedicated to and accepted by the City of Reading as part of a final PRD plan, such open land shall be owned and maintained by a legally binding association of property owners on the tract. The form of the property owners legal documents shall be subject to review by the City Department of Law. If there is mutual written agreement between the applicant and the City, part or all of the open land may be maintained as a public park.

         (c)   The open land shall be focused on taking advantage of the riverfront by providing for substantial public access along the banks of the river. Some of the open land may also serve the purpose of buffering residences from high traffic roads.

         (d)   The Planning Commission may approve a portion of the open land requirement being met by the applicant making recreation improvements to existing adjacent City-owned parkland, provided the extent of the improvements are specified and provided that the City Council approves a list of such improvements. The City Council may approve a lease of parkland for the purposes of allowing an applicant to make improvements to City parkland.

      (5)   Riverfront access. The RR Overlay Zone offers great flexibility to the developer as an optional form of development. In return for such flexibility, a developer shall only be eligible to use this RR Overlay Zone if the developer commits to providing public access to and along all portions of the Schuylkill Riverfront that are under the control of the applicant or that are under the ownership of any agency to such public access being provided by the applicant. The tract shall be designed to provide continuous public pedestrian and bicycle access from sunrise to sundown, at a minimum, from public streets to the riverfront, and then along the length of the riverfront along the entire tract. Such public access shall be provided upon completion of each phase for land in that phase adjacent to the riverfront. Complete public access along the entire riverfront shall be provided upon completion of the development, including provisions for future extension of public pathways from the edges of the tract. The Planning Commission may approve alternative access through the tract if public access at a particular part of the riverfront is not feasible. [Amended 7-10-2017 by Ord. 60-2017]

         (a)   Such public access shall include a pedestrian pathway with a minimum hard- surfaced width of 10 feet and a public pedestrian access easement with a minimum width of 14 feet. Such pathway may also be open to maintenance vehicles and bicycles. Such pathway may be gated and may be closed to the public between 10:00 p.m. and sunrise on land that is privately controlled. Access to land that is controlled by a public agency shall be governed by that public agency. Such riverfront pathway shall be illuminated and landscaped and shall connect with any existing or planned public trail adjacent to the tract.

         (b)   The applicant shall describe how parking will be made available for members of the public who wish to use the riverfront recreation trail and any recreation facilities open to the public. This may include on-street parking with time limits, but does not necessarily need to involve free parking provided by the applicant.

         (c)   Pedestrian public access points to the riverfront trail shall be available a maximum of 1,000 feet apart from each other, with each access point connecting to a street open to the public. Sufficient access shall also be available to the riverfront trail for maintenance vehicles. Except for police, motorized wheelchair and maintenance access, no motorized vehicles shall be allowed along the riverfront trail.

      (6)   Surface parking location. If a new principal building is constructed that will be occupied primarily by retail uses, no new vehicle surface parking spaces shall be located in the area between the front wall of such building and the curbline of the nearest public street. If such lot is adjacent to two or more streets, this restriction shall only apply to one street. This provision shall not restrict parking that is located to the side or rear of such building.

   E.   Site and building layouts. The following provisions shall be applied to the tract to the satisfaction of the Planning Commission:

      (1)   The tract shall include at least one pedestrian-oriented commercial street, with pedestrian entrances and pedestrian amenities along that street and with no off- street surface outdoor parking spaces located between such pedestrian-oriented street and the front of abutting principal buildings, except for loading/unloading spaces. Commercial establishments shall be placed along at least a portion of the street level building space along such pedestrian-oriented commercial street.

      (2)   Along this pedestrian-oriented commercial street, a minimum of 50% of the front wall of each principal building shall not have a setback of greater than 40 feet from the curbline. The Planning Commission may approve a wider setback where appropriate to provide room for pedestrian amenities or an outdoor cafe.

      (3)   The final PRD plan shall specify locations for garbage collection, business truck unloading areas and similar building services. Such locations shall be subject to approval by the Planning Commission to minimize conflicts with the pedestrian- oriented commercial street and dwellings.

      (4)   The PRD shall have at least one central focal point for each 2,000 feet of length of the development. Examples of such a focal point include a landscaped central green space and/or a pedestrian-friendly street that includes commercial uses.

      (5)   Feasibility of addressing site issues. As part of a tentative PRD application, the applicant shall provide written material describing methods that will be used to provide compatibility with any adjacent sanitary sewage facilities and to address safety with any underlying natural gas infrastructure.

   F.   Approval process and phasing. Development under the RR Overlay Zone shall require approval by the Planning Commission as a planned residential development (PRD). The requirements and procedures for a PRD of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., are hereby included by reference.

      (1)   A tentative plan submittal shall be made that includes the entire tract. The tentative plan submittal shall state the following for the entire development and for each tentative phase: proposed number of dwelling units, the floor area of nonresidential uses, the amount and locations of open land, the proposed locations and heights of buildings, the proposed locations of off-street parking areas, the locations of loading areas, and sufficient other information to show the feasibility of the proposed development. A map shall show the tentative phasing plan.

         (a)   

The tentative plan submittal shall meet all of the requirements that would apply to a preliminary plan under Chapter 515, Subdivision and Land Development, of the Code of the City of Reading, except that tentative plans do not need to be drawn at a scale larger than one inch equals 100 feet, and except that the following submission requirements shall be deferred from the tentative plan to the final plan stage. Such deferral shall only occur if the applicant: shows the general feasibility of such features; and commits to not construct improvements that will be dedicated to the City prior to receiving final PRD plan approval for the area that includes such improvements. Such deferral may include the following:

            [1]   Stormwater calculations.

            [2]   Detailed grading and erosion and sedimentation control plans.

            [3]   Proposed monuments.

            [4]   Exact locations and species of plantings for landscaping plans.

            [5]   Utility and street profiles.

            [6]   Designs of culverts, manholes, catch-basins and similar construction details.

            [7]   Locations of proposed electric, telephone and cable television lines and water and sewage laterals.

      (2)   After review by the City Planning Office, City Engineer and Law Department, or their designees, and after the tentative plan has been offered for review by the County Planning Commission, the tentative plan shall be approved, approved with conditions or denied by the Planning Commission within the maximum time limits provided by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., unless the applicant provides a written time extension.

         (a)   The tentative plan may include a range of allowed uses in various areas, as opposed to identifying each specific use. The tentative plan shall show the preliminary layout of proposed streets, alleys, cartway widths, lots, public trails, recreation areas, major pedestrian and bicycle pathways, heights and uses of buildings, parking areas, major detention basins and proposed types of housing and nonresidential uses.

         (b)   The tentative plan is intended to show the interrelationships and compatibility of various elements of the PRD. The tentative plan shall be to scale and be designed to show how the PRD will comply with this chapter.

      (3)   After a tentative plan has been approved, a final plan shall be submitted, with any phasing occurring in logical self-sufficient phases. The final plan shall meet all of the same requirements that would apply to a final plan under Chapter 515, Subdivision and Land Development. The final plan shall need approval by the Planning Commission.

         (a)   No sale of lots or construction of buildings (other than one temporary modular sales/rental building) shall occur until after all of the following requirements are met:

            [1]   An approved final PRD plan for that phase has been approved by the Planning Commission and has been recorded;

            [2]   The applicant has proven they have met any conditions upon approval; and

            [3]   Acceptable financial guarantees for improvements have been established.

      (4)   A final plan submittal shall be accompanied by an updated plan of the entire PRD at a tentative plan level of detail, which shall show portions previously approved, portions that have been built, the locations affected by the current final plan submittal, and the remaining phases of development. This overall plan shall also show compliance with density and open space land requirements.

      (5)   Phasing. As each phase of development is approved, the applicant shall provide evidence that the requirements of this RR Overlay Zone will be met at the conclusion of that phase, even if later phases of development would not be completed. This shall include, but not be limited to, providing evidence of compliance with the density, bulk, and open land requirements. The City Planning Commission may permit variations in specific requirements of these provisions for an individual phase, provided there will be compliance after the completion of the next phase. Each phase of development shall be developed in full coordination with prior and future phases, to ensure that proper traffic circulation and utility services will be provided, and to ensure general compliance with the tentative plan. For each phase, the applicant shall prove that the PRD will be able to properly function and will include suitable vehicle and pedestrian access and utilities even if later phases of the PRD are not built.

         (a)   A tentative phasing plan shall be submitted as part of the tentative plan and be updated as part of any final plan and should be updated at least once a year afterwards. The phasing plan shall show the geographic area of each phase and the anticipated order of the various phases and an approximate timeline for start and completion of construction. The applicant shall prove to the City Planning Commission that any changes to the phasing plan comply with this chapter.

         (b)   After final plan approval, the developer shall be required to enter into a development agreement with the City to ensure the timely completion of required improvements, in coordination with the phasing plan.

         (c)   If new dwellings are proposed adjacent to an existing industrial use, then the Planning Commission shall have authority to require provisions for transitional buffering and setbacks between those dwellings and any adjacent industrially zoned land. Such buffering and setbacks are intended to make sure that there will be a compatible border between dwellings and industrial uses, in case later phases are not developed.

            [1]   The Planning Commission may require that financial guarantees be provided by the developer to fund buffer plantings if adjacent phases are not built.

            [2]   The Planning Commission may require that a building setback be provided for dwellings from the edge of a future phase.

            [3]   If such future adjacent phase is completed in conformance with the tentative PRD plan, then such buffer and setback requirement is eliminated.

         (d)   If a particular final plan is not generally consistent with the approved tentative plan, then the applicant shall submit a revised tentative plan for acceptance by the City Planning Commission. However, the approved tentative plan is not required to be revised for matters addressed in the final plan that do not affect Zoning Ordinance compliance, such as adjustments in street alignments or changes in building shapes to reflect more detailed design.

   G.   Additional requirements for a PRD.

      (1)   Other requirements. A PRD shall meet all of the requirements of this chapter and Chapter 515, Subdivision and Land Development, that are not specifically modified by this section or by the provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., that govern PRDs.

      (2)   Architecture. To carry out the intent of traditional neighborhood development, as part of the final PRD submittal, the applicant shall submit a set of preliminary architectural sketches and the substance of draft architectural covenants to the Zoning Officer, the Planning Office, the City Department of Law and the City Planning Commission for review and comment. The applicant shall also submit a Manual of Written and Graphic Design Guidelines. Such provisions shall be prepared with the involvement of a registered architect. The applicant shall establish a set of architectural covenants as a condition of final plan approval, prior to the recording of such plan.

         (a)   No new principal building shall have a front facade that is primarily constructed using vinyl siding.

         (b)   New streetlights within the PRD shall have a decorative design with a maximum total height of 22 feet using a design preapproved by the City.

         (c)   The applicant should describe any environmentally friendly and energy-efficient measures that are intended to be incorporated into the construction, such as use of rooftop gardens or green roofs.

      (3)   Covenants. The City may also require covenants or conditions upon the plan to address setbacks, landscaping, pedestrian access, fire access, street improvements, utility improvements, access by the public to certain recreation areas, park improvements and other matters necessary to carry out the intent of this Overlay Zone.

      (4)   Public access. The tentative plan and final plan shall each describe the locations and extent of public access to the Schuylkill Riverfront.

      (5)   Traffic study and improvements. As part of the tentative plan submittal, the applicant shall submit a traffic impact study to the City. Such study shall assess current traffic conditions, the amount of traffic expected to be generated by the total development during peak hours, the impacts of the development upon traffic in the surrounding area, any resulting reductions in levels of service below a level of "C" at intersections and highway ramps, and measures that the applicant proposes to complete or fund to mitigate the impacts, such as street improvements and/or assistance in funding transit services. Such traffic impact study shall be updated as needed as each phase is submitted. If diagonal parking is proposed along a street, the traffic impact study shall assess the safety of such parking in that location.

         (a)   The traffic impact study shall analyze issues involving truck traffic, particularly to avoid conflicts between new dwellings and late-night truck traffic, while also addressing peak-hour congestion.

         (b)   The traffic impact study shall be prepared under the direction of a professional with substantial experience in preparing traffic impact studies. The qualifications of such person shall be included in the report.

      (6)   For lots within an Historic District that are regulated by Chapter 295, Historic Districts, the applicant shall also comply with such chapter.

   H.   PRD modifications. As authorized by the TND and PRD provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., specific zoning and subdivision and land development regulations that apply to a PRD application may be modified by the Planning Commission after receiving a written request from the applicant. Such modifications shall be allowed where the applicant proves that an alternative standard would meet the same public objective and would serve the purposes for a PRD and/or TND as provided in state law. Such modifications shall be limited to street standards, setback requirements, sidewalk and curb standards, improvement requirements, and technical engineering requirements. The Planning Commission shall consider recommendations of the City Engineer or designee before approving any modifications to street, improvement and rights-of-way requirements.

      (1)   As another option, the applicant shall also have the additional option of submitting an application for a zoning variance to the Zoning Hearing Board, in the same manner as would apply to other sections of this chapter.

      (2)   Such modification may include, but is not limited to, the following street rights-of- way and cartway widths.

         (a)   A collector street with two-way traffic may be constructed with two travel lanes of 11 feet each, eight-foot wide parallel parking lanes, a four-foot wide planting strip with street trees on each side of the street (which may utilize tree wells), pedestrian sidewalks on each side of the street that are a minimum of five feet in width, except eight feet in width in front of principal commercial uses, and a right-of-way width that includes the width of the required sidewalk.

         (b)   A local street with two-way traffic may be constructed with two travel lanes of 10 feet each, eight-foot wide parallel parking, a four-foot wide planting strip (which may utilize tree wells) with street trees on each side of the street, pedestrian sidewalks on each side of the street that are a minimum of five feet and a minimum right-or-way width that includes the required width of the sidewalk.

         (c)   An alley serving two-way traffic may be constructed with a sixteen-foot wide cartway and a five-foot wide minimum setback between the travel lane and any rear garage, provided that parking is prohibited within the cartway. Along any side of an alley along which parallel parking is allowed, an additional eight feet of paved width shall be required.

         (d)   The Planning Commission may require wider cartway widths as needed, considering the results of the traffic impact study.

      (3)   Any street within the RR Overlay Zone, whether public or private, shall meet the same minimum construction material requirements as any new street intended to be dedicated to the City under City ordinances, or as otherwise approved by the City.

         (a)   Pedestrian sidewalks with a minimum width of five feet and street trees meeting requirements of the City shall be required on each side of every street, unless the applicant proves to the Planning Commission that an alternative pathway open to the public will provide the same level of pedestrian access. The minimum width of sidewalks shall be increased to eight feet in front of principal commercial uses. Tree grates or similar measures may be used and permitted outdoor cafes may intrude into the sidewalk, provided a four-foot continuous pedestrian and wheelchair-accessible pathway is provided along the sidewalk. A minimum average of one street tree shall be required for each 40 feet of street length, unless existing trees will be preserved to serve the same purpose.

   I.   Off-street parking and loading regulations. The requirements of Part 16 of this chapter shall apply, except for the following modifications:

      (1)   Off-street parking may be shared by various uses and lots within the RR Overlay Zone, provided that the developer shall demonstrate to the Planning Commission that sufficient parking is provided on the tract that is within 500 feet of walking distance from the pedestrian entrance of the use that is served by the parking. The applicant shall prove that shared parking will continue to be available to all of the uses that are served by the parking during the life of those uses.

      (2)   The amount of off-street loading requirements shall be determined by the Planning Commission upon review of the proposed uses of each phase of the tentative PRD plan.

      (3)   Under the authority to modify requirements as part of a PRD, the Planning Commission may reduce the required amount of off-street parking by up to 30% based upon:

         (a)   The applicant's traffic study and parking study, provided the parking study analyzes current and anticipated on-street and off-street parking demand and supply within the PRD and at least one block in each direction.

         (b)   The ability of various uses to share parking, particularly if those uses have different period time periods of peak parking demand.

         (c)   Commitments by the applicant to fund or provide transit services for residents, customers and patrons, such as connections to an off-site parking area.

         (d)   The availability of public transit and/or any shuttle or trolley service that may be provided during periods of peak parking demand.

      (4)   For development under the RR Overlay Zone, new off-street vehicle parking spaces shall not be located within 100 feet from the top of the bank of the Schuylkill River or a structural wall along the Schuylkill River, based upon conditions that will exist after the development is completed, based upon the approved final PRD plan.

      (5)   An applicant may meet a maximum of 25% of the off-street parking space requirements for each use by counting new on-street spaces adjacent to the curb along a street adjacent to the use.

   J.   Preserved open land. The method of ownership and maintenance of the preserved open land shall be approved by the Planning Commission as part of the PRD approval. Any later changes to the preserved open land ownership or use that was not part of the PRD approval shall need Planning Commission approval.

      (1)   Required preserved open land shall be preserved through a permanent conservation easement that is enforceable by the City. The legal form of the documents concerning the preserved open land shall be approved by the City Department of Law or designee.

      (2)   The preserved open land shall be improved so that it is suitable for its intended use, including the planting of trees and shrubs where existing trees and shrubs will not be maintained.

      (3)   Methods for ownership of the preserved open land shall utilize one of the following:

         (a)   Dedication to the City for public recreation if the City agrees in advance to accept it;

         (b)   Dedication to a property owners' association, with each owner of property within the PRD legally required to annually fund their share of the maintenance of the open land;

         (c)   Retention by the owner of a rental housing development; or

         (d)   Another suitable method that is specifically approved by the Planning Commission.

   A.   Dimensional requirements.

 

 

   B.   Allowed uses.

      (1)   Permitted-by-right uses:

         (a)   Wastewater treatment operations.

         (b)   Law enforcement operations.

         (c)   Firefighting and rescue service operations.

         (d)   Recycling operations.

         (e)   Multiple principal uses and occupancies on single parcels within the Municipal Use District are expressly authorized; where common (City) ownership makes subdivision otherwise unnecessary; "area and bulk" standards shall apply to the property as a whole. The adequacy of separations between uses shall be established by agreement between the City's representative and a qualified design professional, and to the satisfaction of the incumbent tenants and their continuing operations. Municipal use parcels are not required to front on a public street, though sufficient (driveway) access must nonetheless be provided.

         (f)   Governmental offices and public works facilities.

         (g)   Public recreation facilities.

         (h)   Nonmotorized recreation trails.

         (a)   Geothermal heat pumps.

         (b)   Solar energy systems.

         (c)   Water-powered energy systems.

         (d)   Freestanding or roof-mounted wind turbines.

   A.   Applicability. The INS District overlays the underlying zoning district(s) as shown on the INS Zoning Maps. Within the INS Overlay Zone, an applicant shall have the option of making an application under the regulations of the INS District or the underlying zoning district regulations in Part 8. All other provisions of this chapter shall apply.

   B.   Dimensional requirements.

 

 

   C.   Allowed uses.

      (1)   Permitted-by-right uses:

         (a)   Cemeteries, not including a crematorium.

         (b)   College or university offices, education, dining, recreational, athletic, and maintenance uses and their customarily accessory uses.

         (c)   Museums.

         (d)   Nursing home or personal-care center.

         (e)   Offices or clinics of a hospital or similar health care organization.

         (f)   Police, fire and ambulance stations and related training facilities.

         (g)   Residential facilities owned and/or operated by a college, university or hospital for their staff and/or enrolled students, which may include dormitories, sororities, fraternities, dwelling units and other residence halls. Sororities, fraternities, dormitories and boarding houses that are not owned and/or operated by a college, university or nursing school shall be prohibited.

      (2)   Conditional uses. In compliance with § 600-1203.

         (a)   Temporary shelter.

   A.   Applicability. This section is intended to modify the location of certain development in relation to watercourses and impoundments but not to modify the overall density of such development. The regulatory provisions apply to development and redevelopment of property located within the riparian buffer setback, and make recommendations for the maintenance of any other properties within the riparian buffer setback, to protect both water resources and property from stormwater damage, flash flooding, erosion and sedimentation, and pollution.

   B.   Creation of riparian buffer setbacks.

      (1)   A riparian buffer setback is an area extending alongside and adjacent to watercourses and impoundments which must be designed, managed and maintained as a riparian buffer to protect stability of banks and edges, improve water quality, reduce the effects of erosion, flash flooding and contaminated runoff, and to act as a transitional zone between upland and aquatic habitat.

      (2)   The following riparian buffer setbacks are required within the following zoning districts:

         (a)   R-1: 35 feet.

         (b)   R-1 A: 35 feet.

         (c)   R-2: 25 feet.

         (d)   R-3: 15 feet.

         (e)   R-PO: 25 feet.

         (f)   C-C: 15 feet.

         (g)   C-R: 15 feet.

         (h)   C-H: 25 feet.

         (i)   M-C: 35 feet.

         (j)   H-M: 35 feet.

         (k)   P: 35 feet.

   C.   Regulations that apply to areas that contain riparian buffer setbacks.

      (1)   The regulations in this section shall apply to all lots, regardless of size, that include watercourses and impoundments. In lots which qualify for development in the Riverfront Redevelopment Overlay District, those optional regulations shall take precedence.

      (2)   Areas within the riparian buffer setback along watercourses and impoundments must be used as a riparian buffer; they must be properly graded and stabilized, and managed as open space with permanent vegetation consisting of at least 20% shrub or tree cover.

      (3)   Development. Development shall be designed to preserve the integrity and function of any existing riparian buffer. All areas within the riparian buffer setback shall be designed and managed as a riparian buffer, except as specifically provided in this section. In an application for development, the applicant shall design the development without encroaching upon the riparian buffer setback, in accordance with the following limitations:

         (a)   The principal building and use shall not be located on the area of the lot within the riparian buffer setback;

         (b)   Other structures, accessory uses and equipment shall also, to the extent feasible, not be located on or extend into the riparian buffer setback;

         (c)   Other impervious coverage shall not extend into the riparian buffer setback, unless the City Engineer finds that:

            [1]   Constraints unique to the property prevent the reasonable development of the property without encroaching upon the riparian buffer setback; and

            [2]   The development plan minimizes the encroachment and provides compensating mitigation to reduce the impacts of the encroachment into the riparian buffer setback.

      (4)   Redevelopment. For the purposes of this section, "redevelopment" shall mean any physical improvement that involves earthmoving, removal, or addition of impervious surfaces to a lot which contains preexisting development within the overlay district. In an application for development of property, the applicant shall design the land development plan in a manner that maintains and restores riparian buffer functions to areas in the riparian buffer setback to the extent feasible, including the following:

         (a)   No new buildings or structures shall be added in the portion of the lot located within the riparian buffer setback;

         (b)   Restoration and improvement of existing buildings and structures located within the riparian buffer setback shall not be expanded beyond their existing footprint;

         (c)   Accessory uses and equipment should be located or relocated, to the extent feasible, so as not to encroach upon the riparian buffer setback;

         (d)   Impervious coverage shall not be added in the riparian buffer setback, and, except for access roads and necessary parking areas, redevelopment plans shall, to the extent feasible, remove existing impervious surfaces from the riparian buffer setback and grade and revegetate the riparian buffer setback area as a riparian buffer.

      (5)   Application information. In order to determine compliance with the applicable riparian buffer setback requirements, an application for land development shall include the following information with respect to the portion of the lot within a riparian buffer setback:

         (a)   Maps and schematic plans identifying the location of watercourses and impoundments on and adjacent to the property under development;

         (b)   Location, dimensions and footprint of any proposed or existing building or structure, equipment and impervious coverage;

         (c)   Slopes and grading plan;

         (d)   A planting plan that includes plant species, locations and coverage of shrubs and trees;

         (e)   A riparian buffer maintenance plan providing for the maintenance of permanent vegetation, stable slopes and grading, and integrity of the riparian buffer.

   D.   Permitted land disturbances in riparian buffer setback.

      (1)   The area within the riparian buffer setback established in this section for each zoning district shall be managed as a riparian buffer.

      (2)   The following land disturbances shall be permitted without limitation when located within a riparian buffer setback:

         (a)   Implementation of an approved riparian buffer maintenance plan, which may include vegetation and open space management and which provides for the maintenance of permanent vegetation, watercourse and impoundment banks, edges and water quality.

         (b)   Activities regulated by the Commonwealth of Pennsylvania, such as permitted stream or wetland crossings or other obstructions and encroachments, in accordance with a valid permit.

         (c)   Installation of pervious-surfaced trails along or providing access to a watercourse or impoundment, or an impervious-surfaced trail providing access when required or authorized by federal, state or local regulations.

         (d)   Gardening and exterior yard maintenance, not including mowing or tilling, unless done in accordance with an approved riparian buffer maintenance plan.

   E.   Maintenance and protection of riparian setback areas. All owners of property that includes a riparian buffer setback are encouraged to develop and implement a riparian buffer maintenance plan and are encouraged to use best management practices within the riparian buffer setback area to maximize the functions and benefits for their property and downstream properties to restore the functions of the riparian buffer area over time. Such practices include, without limitation:

      (1)   Proper grading to reduce erosion of banks.

      (2)   Mulching of exposed soils.

      (3)   Establishing permanent vegetative cover including shrubs and trees.

      (4)   The use of native plants adapted to the edge of waterway habitat.

      (5)   Removal of invasive plants.

      (6)   Limiting mowing and restoring the natural habitat.

      (7)   Protection and stabilization of banks and impoundment edges.

      (8)   Water quality protection, including regular cleanup and spill prevention.

      (9)   Reduction of runoff volumes and velocity to prevent downstream damages and flooding.

         (a)   Installation of rain barrels and other rain water harvesting.

         (b)   Encouraging rain water infiltration with rain gardens or terraces.

      (10)   Voluntary removal of obstructions, unused equipment, and accessory uses.

      (11)   Removal of impervious surface cover.

      (12)   Use of porous paving materials.

      (13)   Responsible storage of fuels and chemicals and other potential pollutants.

   F.   Boundary determination. The applicant is responsible for the measurement of the applicable riparian buffer setback established in § 600-818B along any watercourses or impoundments located on the lot, and delineation of such riparian buffer setbacks on any plans for land development. Measurement is from the edge of bank at the time of a permit application. The Zoning Administrator, in consultation with the City Engineer, shall be responsible for reviewing the location of the riparian buffer setback, as applicable to any specific permit or approval. An applicant shall provide all plans, maps, and other information that may be necessary to make such a determination.

   G.   Violations and penalties. Any person who or partnership or corporation that has violated or permitted the violation of the provisions of this section shall be subject to zoning enforcement remedies as described in § 600-201.

   A.   Applicability.

      (1)   Any property where at least 10% of the total lot area contains slopes of 15% or greater shall be part of the Steep Slope Overlay District. Please refer to the Steep Slope Map included in the Comprehensive Plan. If you believe the property that you are improving falls in or near an area of steep slope, professional assistance is required to assess applicability of these regulations to the property.

      (2)   The Steep Slope Overlay District is intended to guide development on steep slopes in order to promote public safety and minimize potential adverse impacts from developing on steep slopes that can pose serious threats to public safety, property, and the environment. Such impacts include increased runoff and pollution, soil erosion, slope instability, fire risk, septic system failure, and structural failure on such slopes.

      (3)   The regulatory provisions apply to development of property located within the Steep Slope Overlay District and make recommendations for maintenance of any other properties within the Steep Slope Overlay District. For the purposes of this section:

         (a)   New development means development of lots with 25% or less impervious cover prior to the proposed development for which a permit is requested.

         (b)   Redevelopment means development of lots with greater than 25% impervious cover prior to the proposed development for which a permit is requested.

      (4)   Accessory uses and equipment shall, to the extent feasible, not be located on or extend into the Steep Slope. Any accessory uses 500 square feet or greater shall require review by the Planning Commission during the plan review process. Changes to existing accessory uses shall not expand beyond the existing footprint.

      (5)   All uses permitted by the underlying zoning district are permitted under the Steep Slope Overlay District unless they conflict with the rules and regulations set forth in this Part. When there is a conflict between the regulations of the Steep Slope Overlay District and the underlying district, the regulations of the Steep Slope Overlay District shall take precedence.

      (6)   Public utilities are permitted within the Steep Slope Overlay District.

      (7)   It is the applicant's burden to delineate the boundaries of steep slopes on the applicant's property. The applicant's delineation should be supported by engineering and/or surveying data or mapping, testimony of a soil scientist, or other acceptable evidence enabling a reviewer to verify the applicant's determination of the slopes on the property.

      (8)   Exemptions. Decks and patios that are less than 500 square feet and allowable accessory uses listed in individual zoning district descriptions unless 500 square feet or larger.

   B.   Creation of steep slope designations. Slopes in the Steep Slope Overlay District shall be separated into two different categories depending on their steepness. Different regulations shall apply to lots depending on the types of slopes found within. When steep slopes cover at least 10% of the total lot area each, the regulations that apply to the steepest slopes shall take precedence when a conflict arises. The two types of slopes are as follows:

      (1)   Moderately steep slopes: Slopes that have a grade of at least 15% but less than 25%.

      (2)   Very steep slopes: Slopes that have a grade of 25% or greater.

   C.   Regulations that apply to areas that contain steep slopes. The regulations in this section shall apply to all lots, regardless of size, that include steep slopes.

      (1)   New development. New development shall be designed to preserve the integrity of the slopes and local landscape. In an application for a zoning permit, the applicant shall design the development with respect to the steep slopes in accordance with the following general limitations and the regulations in the standards sections below relating to development on moderately steep and very steep slopes:

         (a)   Any proposed new principal building and use shall not be located on the area of the lot within the steep slope;