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West Reading City Zoning Code

PART 4

General Regulations

§ 455-138 Purpose.

This article contains regulations which apply to the provision of accessory off-street parking spaces, open or closed, as required by this chapter.

§ 455-139 General regulations.

A. 
Off-street parking and loading spaces shall be provided as specified in this chapter and shall be furnished with necessary passageways and driveways.
B. 
All off-street parking and loading spaces shall be deemed to be required spaces on the lot on which it is situated, and it shall not be encroached upon or reduced in any manner.
C. 
All parking areas, passageways, and driveways for nonresidential uses except for those surface parking areas located in the Conservation Zoning District, shall be surfaced with a dustless, durable, all-weather paved parking surface, shall be clearly marked for vehicle spaces, and shall be adequately drained, in conformance with Borough standards prior to issuance of an occupancy permit.
D. 
No vehicle parking on grass or bare soil shall be permitted.
E. 
If an off-street parking area is provided in the Central Business (CB) District, the area must be paved, in accordance with the standards of this section. However, such area does not have to comply with the requirements for minimum number of spaces for that particular use or with the requirements for vehicle space markings.
F. 
No vehicle parking shall be permitted in a front yard unless there is direct access from the street.
G. 
The standards for driveway location and design, as included in Chapter 400, Subdivision and Land Development, shall be followed.
H. 
All parking spaces shall have a stall width of no less than nine feet. Stall depth and aisle width shall comply with the parking table requirements shown at the end of this article.
I. 
None of the off-street parking or loading facilities as required in this chapter shall be required for any existing building or use not now conforming to these requirements, unless said building or use shall be expanded. In this case, the provisions of this chapter shall apply only to that portion of the building or use so expanded. However, if the expansion is 25% or more of the existing building size, enough parking for all the building area (existing and proposed) must be provided per the requirements of this chapter.
J. 
Off-street parking spaces for new development shall be owned or leased on a long-term basis consistent with the economic life of the development.
K. 
Vehicle parking or loading spaces maintained in connection with an existing and continuing primary building, structure, or land use on the effective date of this chapter or amendment thereto up to the number required by this chapter shall be continued and may not be counted as serving a new building, structure, addition, or land use. In addition, no required parking spaces shall be substituted for off-street loading or unloading spaces, nor shall any required loading or unloading spaces be substituted for parking spaces.
L. 
The parking spaces required for any number of separate uses may be combined on one lot, but the required spaces assigned to one use may not be assigned to another use at the same time, except that 1/2 of the parking spaces required for churches, theaters, or assembly halls whose peak attendance will be at night or on the religion's or denomination's Sabbath may be assigned to a use which will be closed at night or on Sunday.
M. 
In the case of mixed or multiple uses, the parking spaces required shall be the sum of the requirements for the various individual uses, computed separately in accordance with the parking schedule hereunder. Parking spaces for one use shall not be considered as providing the required parking spaces for any other use. Where the same spaces are used for several purposes, the most stringent parking requirement shall govern.
N. 
Off-street parking spaces required for a principal use may be located on off-street property other than that lot occupied by the principal use, as long as such spaces lie within 300 feet walking distance of the principal use.
O. 
All parking and loading areas and appurtenant passageways and driveways serving nonresidential uses shall be illuminated adequately during the hours of use. Adequate shielding shall be provided to protect adjacent residential zones from the glare of such illumination and from that of vehicle headlights.
P. 
Parking areas serving nonresidential uses may be located in residential districts, provided such parking areas are within 250 feet walking distance of the principal use served and provided that screening, lighting, and use of parking areas are in accordance with all applicable provisions of this chapter.
Q. 
Adequate provisions shall be made for the disposal of stormwater from parking areas in conformance with Borough requirements, including but not limited to Chapter 400, Subdivision and Land Development.
R. 
A structurally sound wall or series of wheel stops to insure safety shall be installed around each side of any parking area in such a manner that no part of any vehicle shall extend over any property line.
S. 
No commercial vehicle, as defined in this chapter, may be stored on a lot in a residential area except when stored in a private garage.
T. 
No recreational vehicles shall be parked within any required front or side yard area. Recreational vehicles may be parked or stored in a garage, or other roofed structure, or in the rear yard of a lot.

§ 455-140 Off-street parking schedule.

All uses permitted by this chapter or hereafter permitted in any of the districts herein established, with the exception of the Central Business (CB) District, unless otherwise provided in this chapter, shall provide as a minimum the number of off-street parking spaces specified in the following schedule. Parking spaces for employees shall be computed on the basis of maximum employment, including seasonal and part-time, on the largest shift. Where calculations of spaces result in a fractional space, any fraction under 1/2 may be disregarded and any fraction 1/2 and over shall be construed as one whole space. For uses not specified in the following schedule, the requirements of the most-similar use in the schedule shall apply. The classifications are intended to indicate off-street parking categories; however, they do not indicate permitted uses.
Use
Minimum Number of Off-Street Parking Spaces
Residential Uses
Single family attached/semi-attached/detached residential dwellings
2 spaces per each single-family dwelling unit
Multiple-family residential dwellings
Efficiency/Studio: 1 space per unit
One-Bedroom: 1.25 spaces per unit
Two-Bedroom: 1.80 spaces per unit
3 or More Bedrooms: 2.65 spaces
Accessory dwelling unit
1 space per unit
Active senior housing
0.85 space per unit
Institutional or Public Uses
Places of worship
1 parking space for every 5 seats in the main worship or congregation space, plus 1 parking space for every 100 square feet of other meeting room area
Hospitals
1.0 space per bed (excluding nursery), PLUS
1.0 spaces per 150 SF of usable floor area occupied by outpatient services, PLUS
1.0 spaces per employee
Loading and unloading space for ambulances and similar vehicles are not included in these requirements.
Civic and cultural centers
1 parking space for every 6 seats in the main or largest meeting room, plus 1 parking space for every 100 square feet of other meeting room area. Where individual seats are not provided, each 20 inches of benches or other similar seating shall be considered as 1 seat.
Library
1.0 space per ksf GFA
Family care and group care facilities; halfway houses
1 space for each 4 residents, plus 1 space for each employee in the maximum working shift, plus parking spaces for all vehicles used directly in the conduct of the facility
Nursing and convalescent homes
0.5 space per bed
Schools, elementary and junior high
0.15 per student
Schools, high
0.30 per student
Transportation terminals (passenger)
1 parking space for every 100 square feet of waiting room space, plus 1 space for every 2 employees
Day-care center
3.50 per ksf GFA
Funeral homes
1 parking space for every 50 square feet of aggregate floor area in the viewing rooms, slumber rooms, parlors, or individual funeral service rooms, plus 1 space for each employee
Office Uses
Office, professional, or public buildings
3.0 spaces per ksf GFA
Medical and dental clinics
4.6 spaces per ksf GFA
Recreational Uses
Bowling alleys
5 parking spaces for each alley
Stadiums and sports arenas
0.25 space per seat
Industrial Uses
Industrial or manufacturing establishments
3.5 spaces per ksf GFA
Warehouses, freight and trucking terminals, and wholesale businesses
1.0 spaces per ksf GFA
Business and Commercial Uses
Bed-and-breakfast inns
1 off-street parking space for each bed-and-breakfast unit, plus 1 space for the resident owner or manager, plus 1 space for any outside domestic help
Hotels and motels
1.0 space per key, PLUS
0.15 space per employee, PLUS
9.0 spaces per ksf GLA, PLUS
10.0 spaces per ksf GLA meeting room space
Membership clubs
1 1/2 parking spaces for every 50 square feet of aggregate floor area in the auditoriums, assembly halls, and dining areas of such buildings, plus 1 space for every 2 employees
Motor vehicle repair garages
3 spaces for each vehicle lift or service bay, plus 1 space for each employee, plus parking space for all vehicles used directly in the conduct of the business
Restaurants, fine/casual
15.0 spaces per ksf GLA
Restaurants, family
14.5 spaces per ksf GLA
Bar/night club
16.15 spaces per ksf GLA
Restaurants, fast/casual dining and drive-thru
12.5 spaces per ksf GLA
Restaurants, carry-out only
4.0 spaces per ksf GLA
Retail stores
3.0 spaces per ksf GLA
Shopping centers and planned neighborhood convenience centers
6 parking spaces for every 1,000 square feet of retail sales areas. Office uses and other major nonretail uses within a shopping center shall provide spaces as required in this schedule.
Self-service laundries and cleaning establishments
0.50 spaces per washing, drying, and/or dry-cleaning machine
Other business and service establishments not specifically covered herein
4.0 spaces per ksf GFA

§ 455-141 Other parking design requirements.

A. 
Parking areas shall be designed to permit each motor vehicle to enter and exit a parking space without requiring the moving of another motor vehicle.
B. 
The width of entrance and exit drives shall be as follows:
(1) 
A minimum of 12 feet and a maximum of 15 feet at the curbline for one-way use only.
(2) 
A minimum of 22 feet and a maximum of 30 feet at the curbline for two-way use.
C. 
There shall be at least six feet between all access points, and no access point shall be closer than 15 feet from any street intersection.
D. 
Parking lots for three or more vehicles should be designed to discourage vehicles from backing into a public street in order to leave the lot.
E. 
In the case of any parking or off-street loading area of five or more spaces, all spaces not within a building shall be provided with a suitable fence, wall, or evergreen planting at least four feet in height, designed to screen visibility and headlight glare, and be located between such parking spaces and any lot in a residential district that abuts directly or across a street. Any lot that would include more than 15 parking spaces shall be required to provide landscaped areas within the paved area. This required landscaped area shall be equal to a minimum of 10% of the total paved area. Such landscaped areas shall be configured to promote pedestrian safety by defining walkways, to enhance motorist safety by defining traffic lanes and discouraging cross-lot taxiing, to act as a barrier against wind-borne debris and dust, to provide shade moderating microclimatic conditions, to reduce the volume and velocity of stormwater runoff, and to enhance the appearance of the parking areas.
F. 
All noncommercial lots shall have no more than one level for parking and shall not be covered or sheltered by any roof, building, or structure.
G. 
For properties proposed to be redeveloped, off-street parking shall be located to the rear of the property whenever possible so that the business uses provide the facade visible to the public street.

§ 455-142 Off-street loading.

A. 
Off-street loading spaces shall be provided to accommodate the maximum demands generated by the use of the lot and with proper access from the street or alley.
B. 
All off-street loading and unloading spaces shall be graded and provided with an all-weather surface and drained to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property in accordance with the requirements of Chapter 400, Subdivision and Land Development.
C. 
Each off-street loading and unloading space shall be a minimum of 12 feet by 50 feet and have sufficient maneuvering room separate from other parking to eliminate traffic conflicts within off-street loading and parking areas. There should be sufficient space provided for maneuvering such that vehicles will not have to back onto public streets from the loading area.

§ 455-143 Table and diagrams for parking design standards; examples.

The minimum dimensions of stalls and aisles shall be as follows:
A
B
C
D
E
F
9.0
9.0
12.0
23.0
30.0
9.5
9.5
12.0
23.0
31.0
10.0
10.0
12.0
23.0
32.0
20°
9.0
15.0
11.0
25.3
41.0
9.5
15.5
11.0
27.3
42.0
10.0
15.9
11.0
29.2
42.8
30°
9.0
17.3
11.0
18.0
45.6
9.5
17.8
11.0
19.0
46.6
10.0
18.2
11.0
20.0
47.4
45°
9.0
19.8
13.0
12.7
52.6
9.5
20.1
13.0
13.4
53.2
10.0
20.5
13.0
14.1
54.0
60°
9.0
21.0
18.0
10.4
60.0
9.5
21.2
18.0
11.0
60.4
10.0
21.5
18.0
11.5
61.0
70°
9.0
21.0
19.0
9.6
61.0
9.5
21.2
18.5
10.1
60.9
10.0
21.2
18.0
10.6
60.4
80°
9.0
20.3
24.0
9.1
64.6
9.5
20.4
24.0
9.6
64.8
10.0
20.5
24.0
10.2
65.0
90°
9.0
19.0
24.0
9.0
62.0
9.5
19.0
24.0
9.5
62.0
10.0
19.0
24.0
10.0
62.0
Examples of Parking Lot Entrances and Exits
455 One Way Single Lane.tif
Entrance
One-Way, Single Lane
455 Exit Two Way.tif
Entrance - Exit
Two-Way
455 Exit Attendant Controlled.tif
Entrance - Exit
Attendant Controlled
Examples of Parking Stalls and Aisles
455 Parallel to Curb.tif
455 Angle Parking.tif

§ 455-144 General regulations.

A. 
All lots or parts of lots which are in a predominantly nonresidential use and whose side or rear lines are adjacent to a residential zone shall be screened from such residential zone by landscaped buffer strips.
B. 
All artificial fences erected on or after the effective date of this chapter shall comply with this chapter.
C. 
All natural fences existing as of or planted after the effective date of this chapter shall not be subject to the provisions of Subsection A of this section and shall comply with § 455-146 of this chapter.
D. 
Within a required buffer area, a solid and continuous landscape screen shall be planted and maintained. Said landscaping shall consist of massed evergreen and/or deciduous trees and/or shrubs of at least 3 1/2 feet in height and of such species as will produce, within three growing seasons, a screen at least six feet in height, so as to continually restrict a clear view beyond said buffer strip.
E. 
The required height of the buffer strip shall be measured in relation to the elevation of the edge of the adjacent area to be screened. In such cases where the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of the adjacent area, the required height of the screen shall be increased in an amount equal to said difference in elevation. In the event that the ground elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area, the minimum height of the screen shall prevail.
F. 
The entire buffer strip shall be at least three feet wide and shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be desired by the owner. The entire area shall be attractively maintained and kept clean of all debris and rubbish.
G. 
The zoning occupancy permit for a use on the premises shall not be issued until such time as the landscaping requirements, buffer strips and/or other approved dividers, as required by this chapter, are either actually installed in full compliance herewith or, in the event that the season is not appropriate, a performance guarantee of 100% of the cost, as approved by the Borough, has been deposited with the Borough. Such guarantee shall be in an acceptable form, and the depositor shall agree in making the deposit that if performance is not completed within the time specified by the Zoning Officer on the receipt delivered to the depositor, the Borough may complete the requirements and charge the cost against the deposit; otherwise, the deposit shall be returned in full after the satisfactory completion of the work.
H. 
In required buffer areas where a natural buffer strip is considered to be impracticable or inappropriate, an opaque fence may be substituted in whole or in part for a natural buffer, provided the Zoning Officer approves its specifications.
I. 
In circumstances where it is impractical for a screen to meet all the requirements of this section or would create an undue hardship, the Planning Commission may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements.

§ 455-145 Artificial fence regulations.

A. 
No person shall erect or replace an artificial fence without first obtaining a zoning permit. All artificial fences shall comply with all of the regulations contained herein and any other applicable Borough building code restrictions.
B. 
Artificial fences existing at the date of this chapter and not conforming to the requirements of this chapter shall be replaced only with fences which conform to the requirements of this chapter and any other applicable Borough building code restrictions.
C. 
Artificial fences may be installed and maintained within property lines of rear and side yards, provided that the fences shall not exceed six feet in height. A minimum isolation distance of two feet from any structure shall be maintained within any side yard. The height of the artificial fence shall be measured from the ground surface where the fence is installed. If gates with arbors or gates with pergolas are constructed as part of the fence, then they shall comply with the same setback requirements as the rest of the fence. The height of the gate shall be no higher than the height of the fence. The Zoning Officer shall have the right to require that the applicant provide a survey prepared by a surveyor licensed in the Commonwealth of Pennsylvania to document the location of the proposed fence.
D. 
Artificial fences may be installed in front yards areas up to the right-of-way line of the public street. Maximum fence height shall be three feet as measured from the ground, or a maximum height of four feet shall be allowed if the fence has a uniform open area of more than 25%. Use of chain-link fencing in front yard areas is prohibited. If gates with arbors or gates with pergolas are constructed as part of the fence, then they shall comply with the same setback requirements as the rest of the fence. The height of the gate shall be no higher than the height of the fence. The Zoning Officer shall have the right to require that the applicant provide a survey prepared by a licensed surveyor to document the location of the proposed fence.
E. 
No artificial fence shall be installed on corner lots at intersecting streets, alleyways, and driveways if the fence restricts the line of vision of vehicular traffic. All fences shall comply with the appropriate regulations of PA DOT Title 67, Chapter 441, Access to and Occupancy of Highways, Driveways, and Local Roads, with Regard to Sight Distance.
F. 
All artificial fences shall be uniformly anchored within the ground or retaining structure and shall be properly surface coated upon completion.
G. 
No solid artificial fence shall be installed closer than 10 feet from a side property line and five feet from a rear property line if the top of the fence stands more than six feet above the surface on which it is mounted.
H. 
Artificial fences may be erected on the side property lines of adjoining properties where there is mutual agreement by the property owners. Such agreements of mutual consent, if written and filed with the Borough, shall be binding upon any future owner of either adjoining property should one or both parties consenting to this agreement sell his respective property.
I. 
Artificial fences composed in whole or in part of barbed wire are hereby expressly prohibited except where erected or employed in connection with property used or to be used by a municipal corporation or a public utility corporation.

§ 455-146 Natural fence regulations.

A. 
No person shall plant or replace a natural fence without first obtaining a zoning permit. All natural fences shall comply with all of the regulations contained herein and any other applicable Borough building code restrictions.
B. 
Natural fences existing at the time of passage of this chapter and not conforming to the requirements of this chapter shall be considered nonconforming fences and, once removed, shall be replaced only with fences which conform to the requirements of this chapter and any other applicable Borough building code restrictions.
C. 
Any natural fence to be planted in a front yard as defined by this chapter shall be subject to the front yard setback requirements contained herein for a structure.
D. 
No natural fence shall be installed on corner lots at intersecting streets, alleyways, and driveways if the fence restricts the line of vision of vehicular traffic. All such fences shall comply with the appropriate regulations of PA DOT Title 67, Chapter 441, Access to and Occupancy of Highways, Driveways, and Local Roads, with Regard to Sight Distance.
E. 
All natural fences existing as of the effective date of this chapter shall be considered preexisting natural fences and shall be properly maintained as follows:
(1) 
Preexisting shape and/or size shall not impede, obscure or restrict vision of traffic or pedestrians at intersecting streets and/or alleyways, driveways or on corner lots.
(2) 
Growth or manicure below the height of 12 feet of preexisting natural fences shall not extend beyond side, front or rear property lines.
(3) 
Growth or manicure of preexisting natural fences shall not extend over sidewalks or destroy, deface or damage sidewalks.
(4) 
Growth in height of preexisting natural fences shall not pose a potential burden and/or hazard to adjacent property or to the community.
F. 
Natural fences may be planted on the side property lines of adjoining properties where there is mutual agreement by the property owners. Such agreements of mutual consent, if written and filed with the Borough, shall be binding upon any future owner of either adjoining property should one or both parties consenting to this agreement sell his respective property.

§ 455-147 Purpose.

The purpose of this article is:
A. 
To accommodate the need for cellular communications antennas while regulating their location and number in the Borough.
B. 
To minimize adverse visual effects of cellular communications antennas and support structures through proper design, siting and vegetative screening.
C. 
To avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through engineering and proper siting of antenna support structures.
D. 
To encourage the joint use of existing and any new antenna support structures to reduce the number of such structures needed in the future.
E. 
At the discretion of the West Reading Borough Council, municipal uses for the purposes of police protection, fire protection, ambulance service and road maintenance shall be exempt from these regulations.

§ 455-148 Use regulations.

A. 
This section addresses the various types of wireless communication facilities (WCFs) permitted in the Borough either as a use by right or by conditional use in all or selected zoning districts. The following table presents an overview of the various WCF uses and where they are permitted.
WCF Uses Permitted By Zoning District
WCF Use Type
Permitted By
Zoning District(s) Permitted
Towers on municipal property § 455-148B(1)
By right
All districts
New antenna/existing structure1 § 455-148B(2)
By right
All nonresidential districts (C, I, CB, GB & LI)
Antenna/equipment replacements § 455-148B(3)
By right
All districts
New antenna co-location on existing tower2 § 455-148B(4)
By right
All districts
Relocation of existing tower § 455-148C(1)
Conditional use
All districts
New antenna/existing structure3 § 455-148C(2)
Conditional use
All nonresidential districts (C, I, CB, GB & LI)
New communication tower outside of public ROW § 455-148C(3)
Conditional use
Industrial District (LI)
New communication tower inside of public ROW § 455-148C(4)
Conditional use
Designated districts (I, CB, GB and LI)
New non-tower WCF inside public ROW § 455-148C(5)
Conditional use
All districts — inside public street ROWs
NOTES:
1
Height increase of existing structure by 20 feet or less.
2
Compliant with "no substantial change" standards.
3
Height increase of existing structure in excess of 20 feet.
B. 
Permitted uses. The following wireless communication facilities are permitted as a use by right in all or selected zoning districts, subject to the specific requirements set forth below:
(1) 
Towers on municipal property. Antennas and/or towers (tower-based or non-tower based WCFs), as regulated and defined by this chapter, are permitted by right on land owned or controlled by the Borough of West Reading without the need for a conditional use approval, provided a license and/or lease authorizing such antenna and/or tower has been approved by Borough of West Reading.
(2) 
New antenna/existing structure. A new cell site antenna (non-tower WCF) may be located on an existing smoke stack, water tower, farm silo or other tall structure in all nonresidential zoning districts, provided:
(a) 
Submission of a zoning permit for the cell site antenna.
(b) 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing structure to accommodate the added weight and wind load of the proposed antenna location.
(c) 
That the height of the antenna shall not exceed the height of the existing structure by more than 20 feet above the permitted height of the applicable zoning district.
(d) 
Building-mounted communications antennas shall not be located on any single-family dwelling.
(e) 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(f) 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(g) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(h) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough Engineer for compliance to applicable building codes.
(i) 
No non-tower WFC shall be located upon a building or structure that is listed on either the National or Pennsylvania Register of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough to be of historical significance.
(j) 
The antenna complies with all applicable FCC and FAA regulations.
(k) 
The antenna complies with all applicable building codes.
(3) 
Antenna/equipment replacements. Replacements of existing antennas or existing equipment such as electrical cabinets are permitted to be replaced in all zoning districts subject to:
(a) 
Submission of a zoning permit for the antenna/equipment replacement.
(b) 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing cell tower to accommodate the added weight and wind load.
(c) 
Submission of a plan set and other information as appropriate to show the proposed replacement work.
(d) 
The replacement antenna array(s) comply with all applicable FCC and FAA regulations.
(e) 
The replacement array(s) comply with all applicable building codes.
(4) 
New antenna co-location. Location of a new antenna array on an existing cell tower is encouraged over the construction of a new tower location. Co-location of new antennas on existing towers is permitted in all zoning districts subject to:
(a) 
Submission of a zoning permit for the antenna co-location.
(b) 
Submission of a plan set and other information as appropriate to show the proposed co-location work.
(c) 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing cell tower to accommodate the added weight and wind load of the new antenna array.
(d) 
The proposed antenna co-location will be reviewed to determine if it is considered as a "substantial change" or one which "does not substantially change" the wireless support structure (see § 455-33, definition of "substantial change").
(e) 
Timing of the zoning application for a new co-location antenna will be approved within the time frames set forth under § 455-150. Should a zoning variance be required due to a height conflict, the prescribed review period will not start until the required zoning approval has been secured and the application is then deemed to be complete.
(f) 
The new co-location antenna array complies with all applicable FCC and FAA regulations.
(g) 
The new co-location antenna array complies with all applicable building codes.
C. 
Uses permitted by conditional use. The following wireless communication facilities are permitted subject to conditional use approval from the West Reading Borough Council in all or specific zoning districts subject to the specific requirements set forth below in additional to those presented in § 455-149 below.
(1) 
Relocation of an existing tower.
(a) 
A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on its site within 50 feet of its existing location as long as all other applicable requirements have been met.
(b) 
After the tower is rebuilt to accommodate co-location, only one tower may remain on-site.
(c) 
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to these regulations. The relocation of a tower hereunder shall in no way be deemed to cause a violation of these regulations.
(d) 
The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned land shall only be permitted with additional approvals.
(2) 
New antenna/existing structure. A new cell site antenna (non-tower WCF) to be located on an existing smoke stack, water tower, farm silo or other tall structure where the height of the new antenna will exceed the height of the existing structure in excess of 20 feet shall require conditional use approval, provided:
(a) 
Submission of a zoning permit for the cell site antenna.
(b) 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing structure to accommodate the added weight and wind load of the proposed antenna location.
(c) 
Building-mounted communications antennas shall not be located on any single-family dwelling.
(d) 
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(e) 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
(f) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(g) 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review by the Borough Engineer for compliance to applicable building codes.
(h) 
Provide a report from a structural engineer licensed in the State of Pennsylvania on the structural adequacy of the existing structure to accommodate the added weight and wind.
(i) 
The antenna complies with all applicable FCC and FAA regulations.
(j) 
The antenna complies with all applicable building codes.
(3) 
New communication tower outside public rights-of-way. New communication towers (tower-based WCFs) outside of public rights-of-way are permitted in the Industrial District (LI) subject to conditional use approval. Consideration for approval would be subject to compliance with the criteria listed below as well as those of § 455-149 of this chapter:
(a) 
A licensed professional engineer shall certify that the tower can structurally accommodate the number of shared users being proposed by the applicant and that the tower meets the setback requirements and separation distances.
(b) 
Height of tower. The maximum height to the top of the tower or antenna, whichever is taller, shall be 150 feet.
(c) 
Lot requirements. A new tower may be permitted as the sole use on a lot, or in combination with an existing use, except residential, subject to the following conditions:
[1] 
The existing use on the property may be any permitted use in the applicable zoning district, and need not be affiliated with the WCF.
[2] 
The minimum lot size shall comply with the applicable district and shall be the area needed to accommodate the tower-based WCF, its guy wires, the equipment building, security fence, and buffer plantings in addition to the existing use.
(d) 
The tower location shall comply with the minimum setback requirements from the tower to any adjoining property line or street right-of-way. Setbacks less than those specified herein are subject to approval from the West Reading Borough Council based upon demonstration by the applicant that in the event of failure, the WCF structure is designed to collapse upon itself within a setback area less that the required minimum setback without endangering such adjoining uses and their occupants.
(e) 
The WCF shall employ the most current stealth technology in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to approval of the Borough.
(f) 
Landscape screening shall be required for a new tower-based WCF outside of the public right-of-way. An evergreen screen shall be required to surround the site. The evergreen screen shall be a minimum height of six feet at planting, and shall grow to a minimum of 15 feet at maturity.
(g) 
Off-street parking. If the new tower-based WCF outside of the public right-of-way is fully automated, two off-street parking spaces shall be required. If the site is not automated, the number of required parking spaces shall equal the number of people in the largest shift, but in any event, may not be less than two off-street parking spaces.
(h) 
All other uses associated with a new tower-based WCF outside of the public right-of-way, such as a business office, transmission studio, maintenance depot, or vehicle storage facility, shall not be located on the site unless the use is otherwise permitted in the zoning district in which the site is located.
(i) 
In order to reduce the number of communication towers needed in the Borough in the future, any proposed support structure shall be designed to accommodate other users including, but not limited to, police, fire, and emergency services.
(4) 
New communication tower inside public rights-of-way. New communication towers (tower-based WCFs) may be permitted inside the public right-of-way of streets within the following zoning districts (I, CB, GB and LI), provided they are compliant with the following:
(a) 
The maximum height of the proposed new tower-based WCFs shall be compliant with the underlying zoning district maximum structure height limit.
(b) 
The location of the proposed tower-based WCF inside public right-of-way is not located within 10 feet of an area in which utilities are underground.
(c) 
Tower-based WCFs inside public right-of-way are prohibited in residential areas or areas in which utilities are located underground.
(d) 
Tower-based WCFs inside public right-of-way shall not be located in the front facade area of any structure.
(e) 
The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the public right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
(f) 
Tower-based WCFs inside public right-of-way and related equipment shall be located as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Borough. In addition:
[1] 
In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of curb or a minimum of two feet from edge of cartway if no curb.
[2] 
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
[3] 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
[4] 
Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the WCF owner.
[5] 
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.
[6] 
The WCF shall employ the most current stealth technology in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to approval of the Borough.
[7] 
To the extent permissible under state and federal law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough, and shall not increase the overall height of the WCF to more than 40 feet.
[8] 
Any proposed WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.
[9] 
Reimbursement for right-of-way use. In addition to permit fees as described in this section, every tower-based WCF in the Borough right-of-way is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's cost incurred in connection with the activities described above. Said fee is to be set by resolution of the Borough.
(5) 
New non-tower WCF inside public rights-of-way. New non-tower WCFs located within the public right-of-way shall be co-located on existing poles, such as utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall locate its non-tower WCFs on existing poles or freestanding structures that do not already act as wireless support structures with the approval of the Borough, provided they are compliant with the following:
(a) 
WCF installations located above the surface grade in the public right-of-way including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are not more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
(b) 
Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(c) 
The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the public right-of-way based on public safety, traffic management, physical burden on the right-of-way, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
(d) 
Non-tower WCFs and related equipment shall be located as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the right-of-way as determined by the Borough. In addition:
[1] 
In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of curb, within two feet of the edge or cartway if no curb, or within an easement extending onto a privately owned lot.
[2] 
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
[3] 
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.
[4] 
Any graffiti on the non-tower WCF or on any related equipment shall be removed at the sole expense of the WCF owner.
[5] 
Any underground vaults related to non-tower based WCFs shall be reviewed and approved by the Borough.
[6] 
Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a non-tower WCF in the right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any non-tower WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[a] 
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way.
[b] 
The operations of the Borough or other governmental entity in the right-of-way.
[c] 
Vacation of a street or road or the release of a utility easement.
[d] 
An emergency as determined by the Borough.
[7] 
Reimbursement for right-of-way use. In addition to permit fees as described in this section, every non-tower WCF in the Borough right-of-way is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the right-of-way. Such compensation for right-of-way use shall be directly related to the Borough's actual right-of-way management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other right-of-way management activities by the Borough. The owner of each tower-based WCF shall pay an annual fee to the Borough to compensate the Borough for the Borough's cost incurred in connection with the activities described above. Said fee is to be set by resolution of the Borough.

§ 455-149 General standards.

Standards for initial approval of new communications towers or initial attachment to existing support structures:
A. 
Antenna height. For a site with a new tower-based WCF outside of the public right-of-way, the maximum height at the top of the tower or antenna, whichever is taller, shall be 150 feet.
B. 
Setbacks. Setbacks from base of tower-based WCF outside of the public right-of-way. If a new tower-based WCF is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure to any property line shall be 120% of the antenna height.
C. 
Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and that the surrounding areas will not be affected negatively by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. The applicant shall submit a copy of a certificate of insurance evidencing general liability coverage in the minimum amount of $3,000,000 per occurrence and property damage coverage in the minimum amount of $3,000,000 per occurrence covering the proposed communications tower and communications antennas. Said insurance coverage shall be maintained during the useful life of the subject antennas and/or support structure. There shall be an ongoing obligation of the property owner where the tower is located to secure and submit to the Borough proof of insurance on an annual basis. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
D. 
Fencing. A fence shall be required around the tower-based WCF outside of the public right-of-way and other equipment, unless the antenna is mounted on an-existing structure. The fence shall be eight feet in height and shall otherwise comply with the regulations set forth in this chapter.
E. 
Landscaping. Landscaping shall be in accordance with Chapter 400, Subdivision and Land Development. The following landscaping shall be required to screen the fence surrounding the tower and any other ground-level features, buildings and structures. Any combination of existing vegetation or topography may be permitted only through the approval of the Borough Council:
(1) 
An evergreen screen shall be required to surround the perimeter of any new tower-based WCF outside of the public right-of-way. The screen shall either be an evergreen hedge (planted three feet on center, maximum) or a row of evergreen trees (planted 10 feet on center, maximum). The evergreen screen shall be a minimum of six feet in height at the initial planting and shall grow to a minimum of 15 feet in height at maturity. All such plantings shall be perpetually maintained by the property owner.
(2) 
The existing vegetation on and around the site shall be preserved to the greatest extent possible.
(3) 
A landscaping plan shall be submitted to Borough for review and comment. The landscaping plan shall be subject to the approval of the Borough Council.
(4) 
If a communications antenna (non-tower based WCF) is to be installed on a structure other than a communications tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and accessory equipment as visually unobtrusive as possible.
(5) 
If a communications tower and antenna is to be designed as a structure or natural feature, the communications tower and antenna shall be disguised and/or camouflaged within the surrounding area. The type, style, color, design, size and location of the disguised and/or camouflaged communications tower and antenna shall be subject to the approval of the Borough Council as part of the conditional use process.
F. 
Other users. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular communications companies, the local police, fire and ambulance companies, and municipal uses.
G. 
State or federal requirements. All communications towers and antennas must meet or exceed the current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC) and any other state or federal agency with the authority to regulate towers and antennas.
H. 
Required parking. A minimum of two off-street parking spaces shall be required for maintenance workers. The size, design, number and location of the off-street parking spaces shall be subject to the approval of the Borough Council.
I. 
Access. Access shall be provided to the antennas, support structure and/or accessory structure by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width. The driveway or access lane shall be designed, constructed and improved in accordance with all codes, ordinances and standards adopted by the Borough.
J. 
Signs and lighting. No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction.
K. 
Support structures. Antenna support structures shall be constructed so as to reduce the visual impact. Support structures may be painted green up to the height of nearby trees, and shall, to the greatest extent possible, be consistent with the surrounding landscape. Support structures shall meet all Federal Aviation Administration regulations.
L. 
Land development plan. Where the proposed communications and telecommunications facility constitutes land development or subdivision as defined in Chapter 400, Subdivision and Land Development, a complete land development plan shall be required for all sites, showing the antenna, antenna support structure, building, fencing, buffering, access and all other items required by Chapter 400, Subdivision and Land Development. A complete land development plan shall not be required if the antenna is to be mounted onto an existing structure and does not exceed the height of the existing structure by more than 20 feet.
M. 
Building codes. To ensure the structural integrity of the communications tower and/or antenna, the owner shall demonstrate that it will be designed and maintained in accordance with all applicable building codes adopted by the Borough. In addition, the owner shall also demonstrate that the communications tower and/or antenna can withstand catastrophic events associated with wind, snow, ice, lightning, earthquakes, collisions and/or vandalism.
N. 
Geotechnical investigation. The owner shall complete and submit geotechnical evaluation of the site in which the communications tower is to be located. The owner shall demonstrate how the proposed tower and related infrastructure is to be stabilized and anchored.
O. 
Discontinued use. If a communications tower and/or antenna remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower and/or antenna within six months of notice to do such by the Borough.
P. 
Bonding/financial security. The owner or operator of communications tower and/or antenna shall post financial security with the Borough in an amount to cover tower and/or antenna removal and site cleanup. The financial security shall be used by the Borough in the event the owner or operator fails to remove the tower and/or antenna within six months of notification by the Borough. The amount of the financial security and the terms of the agreement shall be subject to the approval of the West Reading Borough Council.
Q. 
Emergency/catastrophic event. West Reading Borough reserves the right to utilize any financial security held in escrow to insure that the communications tower and/or antenna are removed from the site in the event of an emergency or catastrophic event. The funds will be utilized by the Borough if the owner and operator of the communications tower and/or antenna does not make an effort to remove the tower or antenna immediately.
R. 
Additional standards to be considered for conditional use applications.
(1) 
The cellular communications company and/or applicant is required to demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's and/or applicant's grid system. The communications company and/or applicant shall supply a list of other towers within a five-mile radius of the site.
(2) 
If the cellular communications company and/or applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of the tall structures within a one-mile radius from the proposed site, requested permission to install the antenna on those structures, and was denied for reasons other than economic reasons. Tall structures include, but are not limited to, smokestacks, water towers antenna support structures of other cellular communications companies, and other communications towers (fire, police, etc.).
(3) 
The West Reading Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of the Municipalities Planning Code[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(4) 
Any information of an engineering nature that the applicant submits whether civil, mechanical, or electrical in support of their conditional use application shall be certified by a licensed professional engineer in the State of Pennsylvania.

§ 455-150 Permit processing time frames.

Timing of approval for WCF applications shall be as follows:
A. 
For a non-tower WCF:
(1) 
Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application.
(2) 
Upon submission to the Borough of the additional required information, the Borough shall within 10 days notify the applicant if the application is now complete.
(3) 
For those applications for non-tower based WCFs that do not substantially change the physical dimensions of the wireless support structure to which they are attached as defined by the WBCA, within 60 days the Borough shall make its final decision on whether to approve the application.
(4) 
For those applications for non-tower-based WCFs that do substantially change the physical dimensions of the wireless support structure to which they are attached as defined by the WBCA, within 90 days, the Borough shall make its final decision on whether to approve the application.
(5) 
The decision of the Borough shall be made in writing and provided to the applicant.
(6) 
If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Borough's 60- or 90-day review periods, as applicable. These timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.[1]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.
B. 
For a tower-based WCF:
(1) 
Within 30 calendar days of the date that an application for a new tower-based WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application (i.e., the requirement for conditional use approval).
(2) 
Upon submission to the Borough of the additional required information, the Borough shall within 10 days notify the applicant if the application is now complete.
(3) 
All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Borough shall advise the WCF applicant in writing of its decision.
(4) 
If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

§ 455-151 Identification and registration.

The Zoning Officer may, upon adoption of this chapter or amendment thereof, identify and register all nonconforming uses, lots and structures. Upon identifying the nonconformity, the Zoning Officer shall mail registration forms to the owner of record.

§ 455-152 Continuation.

The lawful use of any lot, building or structure which is existing and lawful at the time of the enactment of this chapter, or, in the case of an amendment to this chapter, at the time of such an amendment, may be continued except as hereinafter provided, although such use does not conform to the provisions of this chapter or subsequent amendments.

§ 455-153 Enlargement.

A. 
A structure that does not conform with the dimensional standards or any other requirements of the district in which it is located may only be expanded by special exception, provided that:
(1) 
A nonconforming building or structure shall not be enlarged, increased, repaired, maintained, or modified in any manner which will further violate any applicable area, yard, and height regulation imposed by this chapter, except that a primary building, which existed at the effective date of this chapter which is nonconforming as to a yard requirement may have repairs, improvements, modifications and/or additions made to those portions of the building located within the required yard, provided that no repair, improvement, modification and/or addition shall be made which will cause any part of the building to project into the yard farther than the building did at the effective date of this chapter.
B. 
A use that does not conform to the use regulations of this district in which it is located may be enlarged by special exception, provided that:
(1) 
The proposed enlargement shall take place only upon the lot or contiguous lots held in the same ownership as that existing at the time the use became nonconforming. Permission to enlarge the nonconforming use, as described in this section, shall not be construed to mean that the new use or uses may be established. A nonconforming use shall be prohibited from encroaching on another parcel of land subsequently added to the original parcel.
(2) 
The proposed enlargement shall conform to the dimensional standards as well as any and all other requirements of the district in which the said enlargement is located.
(3) 
Any increase in building or floor area shall not exceed an aggregate of more than 25% of the building or the floor area, whichever is less, which was existing at the time that the use became nonconforming under this or any previous ordinance, and, in any event, shall be permitted only special exception under the provisions of this chapter. Structures or land uses that have reached their maximum expansion allowance under previous ordinances are not eligible for any increase in building or floor area under this chapter. A structure which is nonconforming in terms of height shall not be enlarged to increase the height.

§ 455-154 Restoration.

A nonconforming building, or any building containing a nonconforming use, which is destroyed, whether wholly or partially, by fire, explosion, flood or other phenomenon, or which is legally condemned, may be reconstructed and used for the same nonconforming use, provided that the reconstruction of the building shall commence within one year from the date the building was destroyed or condemned, and shall be carried on without interruption.

§ 455-155 Abandonment.

If a nonconforming use of a building or land is abandoned for a continuous period of one year or more, subsequent use of such a building or land shall be in conformity with the provisions of this chapter. For the purpose of this chapter, abandonment shall commence when the nonconforming use ceases.

§ 455-156 Use changes.

Once changed to a conforming use, no building, structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under all of the following conditions:
A. 
Such change shall be permitted only as a special exception.
B. 
The applicant shall show that the nonconforming use cannot reasonably be changed to a permitted use.
C. 
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use, with respect to:
(1) 
Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
(2) 
Noise, smoke, dust, fumes, vapors, gases, heat, glare, or vibration.
(3) 
Storage and waste disposal.
(4) 
Appearance.

§ 455-157 Purpose.

This article contains supplemental regulations which apply to activities within a number of or all districts and which do not require special action by the Borough Planning Commission (except for subdivisions) or special exceptions or variances by the Zoning Hearing Board.

§ 455-158 Access to buildings and structures.

Every primary building shall be built upon a lot with frontage upon a street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to Chapter 400, Subdivision and Land Development.

§ 455-159 Accessory building and structures.

A. 
In general. An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.
B. 
Yard requirements. Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this chapter.
C. 
No accessory building or structure, unless it is a part of the main building, shall be erected, altered or moved to a location within five feet of the nearest wall of the main building.
D. 
An accessory building or structure, other than a fence, shall not be permitted within the required front yard on the lot. A fence, while included within the definition of "structure," may be permitted within the front yard of a lot, provided that it complies with all other provisions of this chapter.
E. 
An accessory building or structure shall not exceed 20 feet in height.
F. 
On every corner lot, on the side of the lot adjacent to a street, no accessory building shall be located within a yard:
(1) 
Equal in depth to the front yard requirement of the zoning district in which the corner lot is located;
(2) 
Or a distance of 40% of the lot width, whichever is less.
G. 
No permanent accessory building or structure shall be constructed on any lot prior to the commencement of construction of the primary building to which it is accessory.
H. 
In residentially zoned districts, the following accessory structures or uses are prohibited outdoors:
(1) 
Wrestling/boxing rings.
(2) 
Archery, shooting or martial arts targets involving the use of bows, arrows, guns, slingshots, paintball weapons, hatchets, axes, spears, or other martial arts throwing equipment or other devices capable of inflicting bodily harm.
(3) 
Trampolines greater than 16 feet in diameter or 220 square feet in area.
(4) 
Recreational equipment and open play systems that exceed 14 feet in height.
I. 
Recreational equipment, including trampolines and open play systems, are prohibited from the front yard, must be a minimum of seven feet from any lot line and shall not encroach into any recorded easement.

§ 455-160 Additions to buildings and structures.

Any addition to a building or structure, especially one that is used for residential purposes, may not be located on any side lot line and shall comply with the rear yard setback requirement for that lot.

§ 455-161 Donation or collection centers or containers.

A. 
Donation or collection centers or containers, including but not limited to those for clothing, toys, and furniture, may be located within the Light Industrial District only.
B. 
Such centers or containers are not permitted within required front yard setback areas, but they shall be sited so that they comply with side and rear yard setbacks.
C. 
All donations made shall be kept within an enclosed facility that cannot be readily accessed by the public.
D. 
No such center or container shall be allowed to overflow, so that donated items are outside of the facility.
E. 
The owner of the property upon which a center or container is located and/or the owner of the center or container shall be cited by the Borough for noncompliance with these regulations.
F. 
The Borough may, at any time, request the removal of such centers or containers for any violation of these regulations.

§ 455-162 Environmental performance standards.

A. 
No land, building, structure, or premises shall be used, altered, or occupied in such a manner as to create any dangerous, injurious, noxious, or otherwise objectionable conditions.
B. 
The emission of smoke, dust, fumes, gases, odors, mists, vapors, pollens, and similar matter, or any combination thereof, which can cause any damage to human or animal health, to vegetation or to property, or which can cause any soiling or staining of persons or property at the point beyond the lot line of the use creating the emission, is prohibited.
C. 
Standards concerning such emissions shall be in accord with the rules and regulations of the Commonwealth of Pennsylvania or any applicable Borough ordinance, whichever is more restrictive. Emissions from equipment used for the preparation of food by a properly permitted restaurant or mercantile use shall be allowed in the Central Business District and the General Business District, provided that the emission shall comply with the requirements of this § 455-162, and the termination of the flue or exhaust duct from the emission source shall be located a minimum of two feet above the eave or edge of the closest roof which is above the occupied interior space or adjacent buildings.
D. 
Any operation producing glare and/or heat shall be performed within an enclosed building or in such a manner as not to be visible or to produce any effect beyond the property line of the lot on which the operation is located.
E. 
No use shall cause earth vibrations or concussions detectable beyond its lot lines without the aid of instruments, with the exception of that vibration produced as a result of construction activity.
F. 
Every use requiring power shall be so operated that the service lines, substation, or other facilities shall conform to the highest safety requirements. Such use shall be so constructed and installed as to be an integral part of the architectural features of the plant and, except for essential poles and wires, shall not extend into any yard, and shall be suitably screened from streets or any adjacent property which would be deleteriously affected by such use.
G. 
The following shall apply to the storage of materials and the disposal of materials:
(1) 
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground except tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located and operated on the same lot as the tanks or drums of fuel.
(2) 
All outdoor storage facilities for fuel, raw materials, and products and all fuel, raw materials, and products stored outdoors shall be enclosed by an approved safety fence.
(3) 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(4) 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

§ 455-163 Height of buildings and structures.

A. 
No building or structure shall exceed the maximum height specified in this chapter.
B. 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses, and domes not used for human occupancy, nor shall they apply to chimneys, ventilators, skylights, water tanks, bulkheads, similar features, and necessary mechanical appurtenances usually carried above roof level.

§ 455-164 Lot area/width.

Any lot of record existing at the effective date of this chapter may be used for the erection of a structure conforming to the use regulations of the zoning district in which it is located, without a lot area or width variance, even though its lot area and width are less than the minimum required by this chapter; however, such lot must comply with the front, rear and side yards, height and lot coverage standards of the zoning district wherein it is located.

§ 455-165 Newspaper sales racks.

A. 
Newspaper and similar sales racks shall be so located as to not interfere with pedestrian traffic or restrict the width of a sidewalk to less than four feet.
B. 
Such racks shall be adequately secured so that they may not be easily moved or removed from their intended location. Only one such rack shall be allowed at the front of any business.

§ 455-166 Rainwater collection systems.

Rainwater collection systems shall be permitted in all zoning districts, subject to the following conditions:
A. 
All rainwater collection systems shall have enclosed tops to prevent access by insects, animals or debris. Tops shall be removable to permit cleaning of the system.
B. 
Rainwater collection systems shall have drains which permit the connection of a typical garden hose for the purposes of utilizing the water and for the draining of the system for cleaning.
C. 
All downspouts and gutters shall have strainers and debris diverters to prevent debris from entering the collection system.
D. 
The collection system shall have an overflow system so that the rainwater is diverted back into the rainwater conductor system if the collection system is full. The overflow shall not be designed to spill out onto grade.
E. 
The base that the collection system is set upon shall be able to support the total load of the weight of the system plus the weight of the water when the system is full. Collection systems shall not be permitted to be set on decks or porches unless the structure of the deck or porch is modified to support the weight of the full system. Building permits are required for the modifications to the deck or porch structure.
F. 
Water collected in these systems shall be used for irrigation or nonpotable purposes only. Any proposed use of rainwater for nonpotable purposes within the dwelling or commercial establishment shall be required to have plumbing permits and shall provide plans for said system to the Borough for review and approval by the Borough's water authority and the Plumbing Inspector. Any use of rainwater for nonpotable purposes must be metered for purposes of billing by the water authority for the treatment of the sanitary waste.

§ 455-167 Satellite antennas.

A. 
Satellite antennas are permitted in all zoning districts.
B. 
Roof-mounted antennas shall not project more than five feet above the roofline.
C. 
Satellite antennas are permitted in the side and rear yards. Satellite antennas are only permitted in the front yard if the diameter of the satellite dish is two feet or less.
D. 
A roof-mounted antenna may project into a required side or rear yards a maximum of 50% of the required yard dimension of the zoning district in which the antenna is to be located.

§ 455-168 Alternative energy systems.

Accessory alternative energy systems as noted in the following sections shall be permitted in the zoning districts as set forth in this section. Primary alternative energy systems where the systems are operated by an entity to provide power to the grid or to provide heat to more than one dwelling unit are not permitted in the Borough except as noted in this section.
A. 
Solar energy systems. Solar energy systems are permitted by right as an accessory use in all zoning districts where structures of any sort are allowed, so long as the system meets the requirements of this section and all other applicable construction codes as set forth below or in the Uniform Construction Code as adopted by the Borough.[1]
(1) 
Applicability.
(a) 
A system is considered a solar energy system only if it supplies electrical or thermal power primarily for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. The owner of the solar energy system shall provide written confirmation that the public utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that the utility also approves of such connection. Off-grid systems shall be exempt from this requirement.
(b) 
This section applies to solar energy systems to be installed and constructed after December 31, 2012.
(c) 
Any upgrades, repairs, replacements, modifications or changes that materially alter the size or placement of an existing solar energy system shall comply with the provisions of this chapter.
(2) 
Design and installation.
(a) 
The solar energy system shall comply with all applicable building and construction codes as amended from time to time and any regulations adopted by the PA Department of Labor and Industry.
(b) 
The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Uniform Construction Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(c) 
All exterior electrical and/or plumbing lines must be buried below the surface of the ground and be placed in a conduit.
(d) 
Whenever practical, all solar energy systems shall be attached to a building, or located on an impervious surface. If not designed to be attached to the building, the applicant shall demonstrate by credible evidence that such systems cannot feasibly be attached to a building due to structural limitations of the building.
(e) 
Solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited structure on adjacent properties as well as adjacent street rights-of-way.
(f) 
No portion of an accessory solar energy system shall be located within or above any front yard, along any street frontage, nor within any required setback of any property.
(3) 
Height restrictions. Active solar energy systems must meet the following requirements:
(a) 
Building-mounted or roof-mounted solar energy systems shall not exceed the maximum permitted height in any zoning district. For purposes for the height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
(b) 
Ground-mounted or pole-mounted solar energy systems shall not exceed the maximum accessory structure height within the underlying district.
[1]
Editor's Note: See Ch. 188, Construction Standards, Art. II, Uniform Construction Code.
B. 
Wind energy systems. Wind energy systems are permitted by right as an accessory use in the Light Industrial Zoning District where structures are allowed, so long as the system meets the requirements of this section and all other applicable construction codes as set forth below or in the Uniform Construction Code as adopted by the Borough. The number of accessory wind systems per property shall be limited to one.
(1) 
Setback. The base of the tower shall be set back from all property lines, public rights-of-way, and public utility lines a distance equal to the total extended height. Turbines shall be allowed closer to a property line than its total extended height if the abutting property owner(s) grants written permission and the installation poses no interference with public utility lines or public road and rail rights-of-way.
(2) 
Tower height. So long as the total extended height meets noise and setback requirements, there shall be no specific height limitation, except as imposed by Federal Aviation Administration regulations. The total extended height is defined as the height measured from the grade at the base of the tower to the top of the highest blade or motor housing.
(3) 
Sound. Sound produced by the turbine under normal operating conditions, as measured at the property line, shall not create a noise disturbance, as defined in Chapter 284, Noise, of the Code of the Borough of West Reading, and shall comply with all other requirements of Chapter 284, Noise. Sound levels, however, may be exceeded during short-term events out of anyone's control such as utility outages and/or severe wind storms.
(4) 
Wind turbine equipment.
(a) 
The design and installation of all accessory wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Uniform Construction Code and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.
(b) 
When an accessory building is necessary for storage cells or related mechanical equipment, the accessory building shall not have a floor area exceeding 120 square feet, and shall comply with the accessory building requirements specified within the underlying zoning district.
(5) 
Requirement for engineered drawings. Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer. Engineer's sealed drawings are required for submission for the building permit.
(6) 
Soil studies. For standard soil conditions (not including gravel, sand, or muck), foundations developed by the wind turbine manufacturer shall be acceptable for turbine installations of 20 kW or less and will not require project-specific soils studies.
(7) 
Compliance with FAA regulations. No wind energy system shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection.
(8) 
Compliance with National Electric Code. Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components, as supplied by the manufacturer, in sufficient detail to permit a determination that the manner of installation conforms to the National Electrical Code.
(9) 
Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(10) 
Insurance. Additional insurance beyond homeowners' coverage may not be required.
(11) 
Abandonment. If a wind turbine is inoperable for six consecutive months, the owner shall be notified that they must, within six months of receiving the notice, restore their system to operating condition. If the owner(s) fails to restore their system to operating condition within the six-month time frame, then the owner shall be required, at his expense, to remove the wind turbine from the tower for safety reasons. The tower then would be subject to the public nuisance provisions of the Borough Code and all other Borough ordinances.
(12) 
Signage. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.
(13) 
Lighting. No illumination of the turbine or tower shall be permitted unless required by the FAA.
(14) 
Access. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood may be fastened.
C. 
Anaerobic digesters. Anaerobic digester systems are not permitted within the Borough.
D. 
Geothermal heating systems. Geothermal heating systems shall be permitted as an accessory use in all zoning districts and shall be subject to the following regulations:
(1) 
Design and installation.
(a) 
Only the following types of geothermal energy systems shall be permitted:
[1] 
Closed horizontal loop.
[2] 
Closed vertical loop.
(b) 
Open-loop systems are not permitted within the Borough.
(c) 
The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Uniform Construction Code and with all other applicable federal, state and Borough requirements. The manufacturer specifications shall be submitted as part of the application.
(d) 
For closed-loop systems, the following shall apply:
[1] 
For all closed-loop geothermal systems relying upon circulating fluids, only nontoxic, biodegradable circulating fluids such as food grade propylene glycol shall be permitted.
[2] 
All horizontal closed-loop systems shall be no more than 40 feet deep.
(2) 
Height and setback restrictions.
(a) 
All horizontal closed-loop systems shall be no more than 40 feet deep.
(b) 
Unless otherwise specified, geothermal system shall be located a minimum distance of 10 feet from any property line.
(c) 
Aboveground equipment associated with geothermal pumps shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for accessory structures in the applicable zoning district.
(d) 
Geothermal heating systems for use by more than one property shall be permitted under this chapter with the following conditions:
[1] 
All property owners of the properties on which the multi-property geothermal piping system is located or properties which draw heat or cooling from this system shall provide permanent recorded easements for the installation and maintenance of the system.
[2] 
All properties which utilize the multi-property geothermal system shall be party to an agreement whereby they accept responsibility for the installation and maintenance of the geothermal system.
[3] 
Should the parties included in this agreement decide that the use of the system shall be discontinued, there shall be documentation provided to the Borough showing that the parties are in agreement to the removal of the system.
(3) 
Abandonment. If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner(s) shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following:
(a) 
The heat pump and any external mechanical equipment shall be removed.
(b) 
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil or boring shall be uncovered and grouted.
E. 
Outdoor wood-fired boilers. Outdoor wood-fired boilers (OWB) are not permitted within the Borough.

§ 455-168.1 Swimming pools.

A. 
All swimming pools that contain at least 24 inches of water and have a surface area of at least 100 square feet shall be enclosed by a permanent fence. Such fence shall be at least four feet in height, and any gates associated with this fence shall be lockable and self-latching. Such fence shall be constructed to prevent illegal entry. No fence shall be required for any above-ground permanent pool that has sides at least four feet above grade and can have its access secured, unless the Zoning Officer determines that conditions warrant greater safety measures.
B. 
All aboveground permanent pools shall be screened by landscaping that shall consist, at a minimum, of shrubs at least four feet high at the time of planting. Such screening shall be in conformance with the standards for screening contained in this chapter.
C. 
Swimming pools and related structures shall be located in a side or rear yard but not within any required yard setback area.
D. 
No swimming pool and related structures shall occupy more than 25% of the net lot area.
E. 
Any floodlighting or other illumination used in conjunction with a swimming pool shall be in conformance with the lighting standards contained in this chapter.
F. 
An approved temporary construction fence shall be erected around the excavation site during the construction of an in-ground swimming pool and shall remain in place until a permanent fence is erected.
G. 
No swimming pool shall be permitted without an operable filtering system using an approved method of treating water.

§ 455-169 Temporary structures and uses.

A. 
A temporary structure, necessary during construction or other special circumstances of a temporary nature, may be permitted for a specific time period only, which will be determined by the Zoning Officer.
B. 
A permit, authorizing such structure, is required prior to its erection. Such permit may be renewed at the discretion of the Zoning Officer, and such permit may be revoked for nuisance or violation of the terms of the permit at the discretion of the Zoning Officer.
C. 
A temporary structure shall be removed completely within 30 days of the expiration of the permit or the point at which said structure is no longer needed.
D. 
A temporary use may be authorized only if it is a permitted use in the zoning district where it is proposed to be located. Buildings which are proposed to house a temporary use shall, at a minimum, have the following public safety, life safety and fire safety features:
(1) 
All existing fire and life safety features of the building, such as emergency lighting, fire alarm systems and exit signs, must be fully functional and operating during the temporary occupancy period. Modifications to these systems shall not be required for the temporary use, but the existing systems must be functional and operating.
(2) 
Each temporary use must have at least one five-pound ABC type fire extinguisher present in the areas being occupied.
(3) 
A temporary use must have an operational toilet facility for use by the staff. Modifications to this toilet facility for accessibility shall not be required. This requirement does not apply to temporary structures, such as tents.
(4) 
A temporary use serving food or beverages to the public shall have a minimum of one operational toilet facility available for use by the public. Modifications to this toilet facility for accessibility shall not be required. This toilet facility can also serve as the required staff toilet.
(5) 
Signage for this temporary use shall be allowed to remain for the duration of the permit and shall not exceed 20 square feet in area.
E. 
The temporary use shall be inspected by the Borough prior to occupancy.
F. 
The temporary use shall, in no event, be maintained longer than 60 calendar days from the start of the occupancy.

§ 455-171 Traffic visibility across corners.

A. 
No fence, wall, hedge, shrub or planting shall be maintained between 30 inches above curb level and 10 feet above curb level within the triangular area formed by the street or alley property lines and a line connecting them at points 15 feet from the intersection of the property lines, or in the case of a rounded property corner, from the intersection of the property lines extended. This requirement shall not apply to new land development projects. Calculation of traffic visibility across corners for any new land development project shall be in accordance with Chapter 400, Subdivision and Land Development, of the Code of the Borough of West Reading, § 400-27.
B. 
On any lot where a private drive enters a street, no obstruction between 30 inches above curb level and 10 feet above curb level shall be located within the triangular area formed by the street property line, the private drive line and a line connecting them at points eight feet from their intersection.
C. 
In any zone where signs are permitted, a pole(s) or standard(s) may be located at any point within a required yard or sight triangle if, between the level of 30 inches above curb level and the level of 10 feet above curb level, the diameter or greatest dimensions of the supporting pole(s) or standard(s) does not exceed 10 inches.

§ 455-172 Yard requirements.

A. 
The yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall not be considered as providing a yard or open space for any other building, and neither shall a yard or other open space or another lot be considered as providing a yard or open space for a building on any other lot.
B. 
Where two or more main buildings for other than residential uses are proposed to be built upon property in one ownership, front, side and rear yards are required only at lot lines abutting other property.
C. 
Where a street or highway shown on the street and highway plan has a proposed right-of-way greater than that existing, the front yard requirement shall be measured in accordance with the proposed right-of-way.
D. 
Ground-story bays and porches not over half the length of the front wall may project a distance of five feet into any front yard.
E. 
Chimneys, flues, columns, sills, ornamental features, cornices and gutters may project not more than two feet into any front yard.
F. 
Bays, balconies, chimneys and flues may project into a required side yard not more than 1/3 of its width, or not more than four feet, whichever is less.
G. 
Ground-story bays and porches not over half the length of the side wall may project into any side yard for a distance of four feet.
H. 
Nothing herein contained shall prevent the projection of an emergency exit (open fireproof fire escape) into a required rear or side yard for a distance not to exceed eight feet, but in no case to project beyond the property line.
I. 
Where there is, at the time of the enactment of this chapter, a lot whose width and area is less than that required for the zone in which said lot is located, where the side yard or front yard requirements cannot be met, and where the lot is flanked by buildings existing on the two lots adjoining at the side, both being in other ownership:
(1) 
The lot shall be permitted to be built or rebuilt upon in any zone without requirement of side yards wider than the respective adjacent side yard existing on the adjoining lots.
(2) 
No front yard shall be permitted which is less than the average distance of the setback of the nearest main building or buildings within 100 feet on each side of the said building and fronting on the same side of the street.
(3) 
No requirements for rear yards, side yards, or lot areas contained in this chapter shall prevent the construction of a private garage within the required rear yard of a lot, not meeting the requirements of this chapter upon which a dwelling has been erected prior to the time of enactment of this chapter.
(4) 
Surface parking structures and lots shall be subject to required setbacks of the zone wherein the facility is located except that subsurface parking structures may extend to the property lines.
(5) 
Off-street parking may be permitted in required yard areas providing there is no encroachment into required sight triangles, providing that no more than 50% of the affected required area is utilized, and providing that is it not possible or desirable to place the required off-street parking elsewhere on the lot.
(6) 
Corner lots with four or more sides and fronting on two intersecting streets shall be considered to have two front yards, two side yards and no rear yard. One front yard shall meet the yard requirements for the applicable zone, and the other shall be not less than 15 feet.
(7) 
In the case of irregularly shaped lots, the minimum lot width specified in each district shall be measured at the rear line of the required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the required minimum lot width. In measuring the depth of rear yards, average dimensions may be used where the rear lot line is not parallel with the street line.

§ 455-173 Lighting control.

When any property is illuminated, such illumination shall be so designed and located that the light sources are shielded from adjoining properties and streets. No direct beams of light shall be directed toward adjacent properties or roads. No lighting shall be utilized in such a manner to produce a nuisance beyond the lot property line. The use of rope lights, strip lights and tape lights are prohibited. The use of animated or strobe lighting which flashes, blinks, twinkles, and any other lighting where there is time between transition is prohibited.

§ 455-174 Medical marijuana facilities.

A. 
Medical marijuana grower/processor.
(1) 
A permit from the Pennsylvania Department of Health for the conduct of a medical marijuana grower/processor operation under the Medical Marijuana Act[1] would be required as a condition of any zoning approval from the Borough.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2) 
The growing of medical marijuana can only be conducted by a "grower/processor" permitted under the Medical Marijuana Act and cannot be conducted separate from the processing activity.
(3) 
A grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district, as well as any additional special standards applicable to this use as may be required under the Medical Marijuana Act.
(4) 
A medical marijuana grower/processor use is not considered as an agricultural use, but rather as a manufacturing use.
(5) 
A grower/processor facility, which grows medical marijuana, can only do so in an indoor, enclosed, and secure building, which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(6) 
The maximum floor area of grower/processor facility shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.
(7) 
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any grower/processor facility where medical marijuana growing, processing or testing occurs.
(8) 
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the Pennsylvania Department of Health policy or policies and shall not be placed within any unsecure exterior refuse containers.
(9) 
The grower/processor facility shall provide only wholesale products to their medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is specifically prohibited at grower/processor facility.
(10) 
Any medical marijuana facility lawfully operating pursuant to the Medical Marijuana Act[2] shall not be considered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
B. 
Medical marijuana dispensary.
(1) 
The dispensing of medical marijuana can only be conducted by a health care medical marijuana organization permitted under the Medical Marijuana Act.[3]
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2) 
A dispensary may only dispense medical marijuana in an indoor, enclosed, secure facility and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(3) 
A dispensary may not operate on the same site as a facility used for the growing and processing of medical marijuana.
(4) 
A dispensary facility shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent theft of medical marijuana and unauthorized entrance into areas containing medical marijuana, all of which shall be in accordance with the Medical Marijuana Act.
(5) 
A dispensary facility shall be a maximum of 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of medical marijuana, and shall have an interior customer waiting area equal to a maximum of 25% of the gross floor area of the dispensary facility.
(6) 
A dispensary facility shall:
(a) 
Not have a drive-through service;
(b) 
Not have outdoor seating areas;
(c) 
Not have outdoor vending machines;
(d) 
Prohibit the administering of, or the consumption of, medical marijuana on the premises; and
(e) 
Not offer direct or home delivery service.
(7) 
A dispensary facility may dispense only medical marijuana to certified patients and caregivers as set forth in the Act and shall comply with all lawful, applicable health regulations, including those of Pennsylvania Department of Health.
(8) 
A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complimenting or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor facility or academic clinical research centers and the specific dispensary facility they serve, or with which they partner.
(9) 
A dispensary may sell medical devices and instruments, which are needed to administer medical marijuana.
(10) 
A dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same zoning district, as well as any additional special standards applicable to this use as may be required under Pennsylvania Act 16.
(11) 
Medical marijuana may only be dispensed to a patient or caregiver who receives a certification from a practitioner and is in possession of a valid identification card issued by the Pennsylvania Department of Health under the requirements of the Medical Marijuana Act.[4]
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
C. 
Academic clinical research centers.
(1) 
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building, which includes electronic locking systems, electronic surveillance and other features required by the Pennsylvania Department of Health. The portions of the academic clinical research center where the medical marijuana is grown shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
(2) 
All external lighting serving the academic clinical research center must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.
(3) 
A buffer planting is required where an academic clinical research center adjoins a residential use or district, pursuant to § 455-144A of this chapter.
(4) 
Any and all other provisions contained in the Medical Marijuana Act[5] affecting the construction, use and operation of an academic clinical research center.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(5) 
The academic clinical research center shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Borough of West Reading Code of Ordinances.

§ 455-175 Purpose.

In addition to all other requirements of this chapter, the following performance standards shall apply to specific uses permitted in the various zoning districts.

§ 455-176 Adult-oriented uses.

A. 
The lot or closest property line of an adult-oriented use shall not be located within 500 feet of any other zoning district.
B. 
The lot or closest property line of an adult-oriented use shall not be located within 1,000 feet of another adult-oriented use.
C. 
The lot or closest property line of an adult-oriented use shall not be located within 500 feet of the lot or closest property line of any religious institution, school, playground or similar recreation area, day-care facility, or public library.
D. 
There shall be no display of materials that are characterized by specified sexual activities or specified anatomical areas, which can be seen from outside the establishment or business.
E. 
No more than one adult-oriented use shall be permitted within the same building or located on the same lot.
F. 
The Borough Zoning Hearing Board shall review and approve all exterior signs proposed for an adult-oriented use for compatibility with adjacent uses. Such signs shall not be permitted if they are characterized by specified sexual activities or specified anatomical areas.
G. 
No adult-oriented use may change to another type of adult-oriented use except upon application to and approval by the Borough Zoning Hearing Board of such change as a special exception.

§ 455-177 Amusement rooms.

A. 
Amusement rooms are spaces established for the use of electronic and/or mechanical devices, including but not limited to pinball machines, electronically operated shuffleboards and bowling games, electronically operated tennis or other racket games, billiards, video games, and other games of amusement. Payment for the use of these machines or devices may be by coin-operated or token-operated equipment or by "pay-to-play" arrangements on an individual game, block of games or on a time-period basis, or on any other basis under which payment is made to the operator of the establishment for the use of the devices or equipment.
B. 
There shall be no more than 20 amusement machines situated in any one establishment or business.
C. 
The lot or closest property line of any such establishment or business shall be no closer than 300 feet to the lot or closest property line of any religious structure, school, playground or other recreation area, day-care facility, or public library.
D. 
The lot or property line of such establishment or business shall not be located within 1,000 feet of any similar establishment or business.
E. 
Amusement machines shall not be operated or played between 10:00 p.m. and 7:00 a.m.

§ 455-178 Bed-and-breakfast inns.

A. 
All bed-and-breakfast units shall be contained within the principal structure.
B. 
The principal structure shall contain a minimum of 2,000 square feet of gross floor area.
C. 
No more than one bed-and-breakfast unit shall be provided for each 700 square feet of gross floor area in the principal structure.
D. 
One off-street parking space shall be provided for each bed-and-breakfast unit.
E. 
Dining or other eating facilities shall not be open to the public but shall be exclusively for the residents and registered bed-and-breakfast guests.

§ 455-179 Cemeteries.

A. 
Cemeteries may include mausoleums, chapels, and storage facilities for maintenance and related equipment.
B. 
The minimum lot size is one acre.
C. 
A planted buffer strip shall be provided when a cemetery abuts an existing residential use or a residential district and shall be in accordance with the standards for such, as contained in this chapter.

§ 455-180 Membership club.

A. 
The proposed use must be principally for the recreation and enjoyment of the members and their guests.
B. 
Outdoor use areas shall be screened to protect the neighborhood from any possible noise and shall be located no closer to any lot line than the required front yard setback.
C. 
The proposed use shall not adversely affect safe and comfortable enjoyment of properties in the neighborhood.
D. 
Design of any structures erected in connection with such use shall be in keeping with the general character of the area.
E. 
Buffer strips are to be provided, as required by this chapter.
F. 
Exterior lighting, other than that required for the safety and convenience of the users, shall be prohibited. All essential exterior lighting shall be shielded from view from surrounding streets and lots.
G. 
The use of outdoor public address systems for any purpose shall be approved by the Zoning Hearing Board.

§ 455-181 Drive-in places.

A. 
Access points shall be limited to two on each street abutting the lot.
B. 
On-lot traffic circulation channels and parking areas shall be clearly marked.
C. 
Signs and outdoor lighting shall be in accordance with the specific provisions of this chapter.

§ 455-182 Hospitals or nursing homes.

A. 
The minimum lot size is one acre.
B. 
Existing hospitals, nursing homes, and extended, intermediate or long-term care facilities may not be expanded by more than 50 beds over their existing size without approval by the Borough Council as part of a conditional use hearing.
C. 
New hospitals, nursing homes, and extended, intermediate or long-term care facilities shall accommodate no more than 100 patients at one time.

§ 455-183 Junkyards.

A. 
The storage of garbage or organic or biodegradable material is prohibited.
B. 
All junk shall be at least 100 feet from any lot line and street-right-of-way line.
C. 
The site shall have at least two points of access to a public street, each of which is not less than 30 feet wide.
D. 
The site shall be completely surrounded by well-maintained and secure fencing at least six feet high with gates that can be securely locked.
E. 
The site shall be completely surrounded by a 40-foot-wide buffer yard, which shall contain evergreen plantings at least six feet high at the time of planting. The buffer yard shall be on the outside of any fencing.
F. 
All junk shall be stored and arranged so as to allow access by firefighting equipment and to prevent the accumulation of stagnant water. No material shall be piled higher than six feet above grade.
G. 
The burning or incineration of any junk is prohibited.
H. 
Where practical, liquids and fluids shall be drained from junked or scrapped motor vehicles. Adequate precautions shall be taken to prevent the seepage of oils, grease, or battery acid into the soil or water.
I. 
There shall be no storage or placement of bodies or parts of bodies, chassis, or parts of chassis of motor vehicles not capable of moving under their own power in such a position that the parts of any body or chassis should touch a part of any other body or chassis.
J. 
Where said goods and materials are not stored in any building, the area used for the storage, collection and disposal of said goods and materials shall be equipped with facilities to satisfactorily illuminate said area in case an emergency arises at night such as a combustible fire or flood.
K. 
There shall be no storage under any circumstances of magnesium or any similar materials.

§ 455-184 No-impact home-based business.

A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.

§ 455-185 Off-street parking facilities (lots or structures).

A. 
The facility is to be used only for the parking of passenger motor vehicles, pickup trucks, motorcycles, station wagons, SUVs, and other similar vehicles not defined as commercial motor vehicles in this chapter.
B. 
The facility is not to be used for sales, long-term storage, repair work or servicing of any kind.
C. 
Entrance to and exit from the facility are to be located in accordance with the provisions of this chapter.
D. 
There shall be no movement of vehicles on lots located in residential districts that are intended to serve nearby commercial uses in commercial districts between 10:00 p.m. and 7:00 a.m.
E. 
All parking is to be kept back of the setback line by barrier.
F. 
The parking facility shall be adequately screened from the street and adjoining properties as deemed necessary.
G. 
All lighting fixtures used to illuminate parking areas shall be arranged to prevent glare into public streets and adjoining properties.
H. 
Parking lots serving residential uses shall, as a minimum, be illuminated over their entire surface to 0.5 average maintained footcandle (5.4 average maintained lux).
I. 
Parking lots serving commercial and industrial uses shall, as a minimum, be illuminated over their entire surface to 1.0 average maintained footcandle (10.8 average maintained lux).

§ 455-186 Residential conversions.

A. 
Residential conversions shall be restricted to existing single-family detached dwellings.
B. 
A single-family detached dwelling may be converted into no more than two units.
C. 
The minimum floor area of each converted dwelling unit is not less than 500 square feet.
D. 
Dwelling exteriors shall conform to the general character of the neighborhood.

§ 455-187 Self-storage facilities.

A. 
Structures containing storage units shall be limited to one story and shall not exceed 12 feet in height.
B. 
Each individual storage unit shall abut a paved access drive.
C. 
Access drives shall be at least 15 feet wide.
D. 
No storage outside of individual units shall be permitted.
E. 
A security fence at least six feet high shall surround a self-storage facility, and access through such fence shall be by way of an automatic gate, security guard, or similar means. A planted buffer strip shall be provided when a self-storage facility abuts an existing residential use or a residential district and shall be in accordance with the standards for such as contained in this chapter. Lighting shall be in accordance with all applicable provisions of this chapter.
F. 
The use of individual storage units shall be restricted to household goods and business equipment, supplies, and records. No storage of perishable items or hazardous materials shall be permitted. Storage units shall not be used as areas for rehearsals by musical groups.

§ 455-187.1 Veterinarian offices.

A. 
Veterinarian offices shall not include animal shelters, kennels, or outdoor exercise run areas.
B. 
Animals may be kept overnight on a limited basis, usually for a single night as a follow-up to specific treatment that requires such a stay. Animals that are kept overnight must remain inside the building and may be taken outside for a limited time only by office staff.

§ 455-187.2 Family care and group care facilities.

A. 
Refer to § 455-140 of this chapter for off-street parking requirements for these facilities.
B. 
The applicant shall demonstrate that all necessary approvals and permits from the Pennsylvania Department of Labor and Industry have been obtained or waived, particularly with respect to fire protection, safety measures, construction standards and design standards to accommodate the handicapped.
C. 
The sponsoring social services agency shall document to the Zoning Officer that all building, fire, plumbing, heating, electrical and similar facilities meet the standards set by the Borough and by the Commonwealth of Pennsylvania.
D. 
The premises at which the facility is located shall be owned or leased by the social service agency sponsoring the facility. The family or group care facilities, by design and intent, shall provide for the long-term needs of its residents and shall not accommodate the needs of transient individuals.
E. 
A licensed physician, psychologist, counselor, or social worker in the employ of or under contract to the social service agency shall be responsible for the assignment of residents to the group or family care facility.