The following words and phrases shall have the meanings hereinafter indicated, unless the text clearly states an alternative or different meaning:
ABUT or ABUTTING — Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street, public alley open to traffic, or a perennial waterway. See definition of "adjacent."
ACCESSORY APARTMENT — One dwelling unit that is created within part of a principal dwelling or above a vehicle garage on a residential lot.
ACCESSORY BUILDING OR STRUCTURE — A building or structure detached from and subordinate to the main building situated on the same lot and used for purposes customarily incidental to the main building. Drive-through windows and associate canopy, attached or detached from the main building, are an accessory use and structure.
ACCESSORY USE — A use separated from, subordinate to and customarily incidental to the use of the main building and situated on the same lot.
ADAPTIVE REUSE — The modification of an existing nonresidential building for the purpose of converting it into residential use; or, where permitted in certain commercial districts, into a mix of residential and commercial uses with a commercial establishment on the first floor. [Added 1-13-2020 by Ord. No. 4-2020]
ADJACENT — Two or more lots that share a common lot line or that are separated only by a street or waterway from each other.
ADULT BUSINESS or ADULT USE — The definition of "sexually oriented business" in this Part shall apply.
ADULT DAY-CARE CENTER — A use providing supervised care and assistance to persons who need such daily assistance because of their old age or disabilities. This use shall not include persons who need oversight because of behavior that is criminal, violent or related to substance abuse. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.
AFTER-HOURS CLUB — A use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.
AGRICULTURE — The use of a lot, parcel or tract of land for animal husbandry, raising, keeping or selling of truck, field and tree crops. The term "agriculture" does not include riding academies, liveries or boarding stables, commercial dog kennels or the raising of fur-bearing animals.
AIRPORT — A lot, parcel, tract or area of land used for the taking off and landing of airplanes or similar aircraft. See airport approach definitions in § 600-2203.
AIRPORT ELEVATION — An elevation established at 344 feet above the mean sea level.
ALLEY — A thoroughfare having a right-of-way width of 24 feet or less, that primarily serves vehicle traffic and is available for use by the public, but which is not identified as a street on the City's Official Street Mapping.
ALLUVIAL SOILS — Soils deposited by floodwaters in the past that are categorized as alluvial soils by the Berks County Soil Survey or successor soils information.
ALTERATION — A change or rearrangement in any structural part of an existing facility, building or structure or in an exit or entrance, or an enlargement thereof, whether by extension of a side or by an increase in height or by a movement of any or all of a structure from one location or orientation to another.
ALTERNATIVE ENERGY — A source of energy generated from solar, water, wind, geothermal or similar sources, which is capable of providing energy and utilities for a permitted use. [Added 10-26-2015 by Ord. No. 58-2015]
ALTERNATIVE ENERGY SYSTEM — A system capable of converting solar, water, wind, and/or geothermal energy into viable energy sources including utilities for a permitted use. Such facilities may include, without limitation, solar panels, wind turbines, geothermal heat pumps, water turbines and/or other compatible alternative energy systems. [Added 10-26-2015 by Ord. No. 58-2015]
AMUSEMENT — All manner and form of entertainment, all forms of rides and entertainment at fairgrounds and amusement parks, athletic contests, all other forms of diversion, sport, recreation, pastime, shows, exhibitions, contests, displays and games.
AMUSEMENT ARCADE — A place where amusement devices are provided and utilized as the principal use of the premises.
AMUSEMENT DEVICE — A device, other than a jukebox, that is used or designed to be used to provide amusement or entertainment to the user for a fee, and shall include but shall not be limited to pinball machines, video display games, billiard tables, simulated sport machines and biorhythm machines. Video and computer game devices that permit more than two players shall be considered one device for each two players.
ANIMAL SHELTER and ANIMAL BREEDING FACILITY — These uses shall be considered a type of kennel.
APARTMENT — A dwelling unit contained in a building, structure or part thereof that is not a semidetached dwelling, a single-family attached dwelling or a single-family detached dwelling.
APPLICANT — A person or entity filing an application under this chapter. [Added 10-26-2015 by Ord. No. 58-2015]
ASSISTED-LIVING FACILITY — This term shall have the same meaning as a "personal care home."
ATHLETIC CLUBS — See "recreational facilities."
AUTO REPAIR — A use involving the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
AUTO SALES — A building or lot where more than two motor vehicles for sale to the public may be parked, stored, or displayed.
AUTO SERVICE STATION — A place where gasoline or other motor fuel or lubricating oil or grease for operating motor vehicles are offered for sale at retail to the public. An auto service station may also include supplying services generally required for the operation and maintenance of vehicles, including the sale or dispensing of gasoline or fuel, and/or sale and installation of tires, batteries, automotive accessories and replacement items; providing washing and lubrication services; and performing minor automotive maintenance. Auto service stations shall not be used for painting or repair of vehicle body parts, unless the requirements for auto repair are also met.
AWNING/CANOPY — A temporary hood or roof-like cover, often of fabric, metal, or glass, that projects from the wall of a building and designed and intended for protection from weather or as a decorative element that may include a type which can be retracted, folded or collapsed against the face of a supporting building. [Added 12-16-2013 by Ord. No. 83-2013]
BANQUET HALL — A facility that is rented for wedding receptions and similar special events and which does not meet the definition of a tavern or nightclub. This use may also occur as an accessory use to a hotel/motel.
BARBER SHOP or BEAUTY SHOP — A type of personal service use involving the cutting and styling of human hair and which is operated by a state-licensed barber or cosmetologist. Such use may also include related activities, involving nails, facials and similar personal appearance services. See § 600-1103.
BASEMENT — A portion of a building or structure that is completely or partially beneath the average elevation of the finished grade.
BEAUTY SHOP — See "barber shop or beauty shop."
BED-AND-BREAKFAST INN — An owner-occupied establishment where the public may, for consideration, obtain sleeping accommodations and a meal served in the guest's room or a public dining room.
BEST PRACTICES — Current industry standards of construction and maintenance for a technology. Best practices are not for purposes of this chapter defined as "state of the art," which is acknowledged to often be prohibitively expensive and to involve standards that are constantly changing. [Added 10-26-2015 by Ord. No. 58-2015]
BETTING USE — A place used for lawful gambling activities including, but not limited to, off- track pari-mutual betting and any use of electronic gambling devices. This term shall not regulate state lottery sales or lawful small games of chance.
BILLBOARD — See § 600-2205.
BOARDER, ROOMER or LODGER — One who pays a stipulated sum to a homeowner for lodging for a definite time period.
BOARDINGHOUSE — A building or structure used to shelter persons who are not "relatives" of the operator, and who live in the building by prearrangement and for definite periods of time and compensation, and which may or may not provide meals for residents, and which does not involve individual dwelling units that are each occupied by a "family." This term shall not include a commercial hotel/motel that serves transient visitors to the area, a personal care home, a nursing home, a dormitory or residence hall owned or operated by a college or university, or a group institution.
BOTTLE CLUB — The definition in Chapter 127, Alcoholic Beverages, shall apply. For the purposes of this chapter, a bottle club shall not include a restaurant in which customers bring their own wine, provided such wine consumption is not allowed between 12:00 midnight and 6:00 a.m., and provided the primary use is the serving of food for consumption on the premises.
BUFFER STRIP — A continuous strip of land, either landscaped or green space, clear of all buildings, structures and parking areas, established to protect one type of land use from another, incompatible use.
BUILDING — Any structure, either open or enclosed, having a roof supported by columns, piers or walls, including but not limited to tents, trailers, dining cars, camp cars or other structures on wheels or having other supports, and unroofed porches, platforms and terraces having vertical faces exceeding three feet above grade. Any structure having an independent entrance or an independent electrical, mechanical, or heating system shall be considered a single building. Any structure used to enclose an area, such as a wall, fence, barricade or stockade, shall not be considered a building. [Amended 2-14-2011 by Ord. No. 8-2011]
BUILDING AREA — The aggregate area of any and all floor area of enclosed or roofed buildings or structures. Such area shall be computed by using outside building or structure dimensions of the ground floor measured on a horizontal plane.
BUILDING COVERAGE — The percentage of a lot covered by buildings.
BUILDING HEIGHT — The vertical dimension of a building measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the building. See exceptions in § 600-911.
BUILDING SETBACK LINE — A line that designates the minimum distance between any building and the adjacent street right-of-way or property line, whichever is closer. This line shall be measured from a point or points formed by the intersection of a vertical building wall with the ground (or in the case of a cantilevered building, at the vertical plane which coincides with the most projected surface), to the property line, whichever is closer.
BUSINESS — Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for remuneration or gain or the occupancy or use of a building or premise or any portion thereof for the transaction of business or the rendering or receiving of professional services.
CABARET, ADULT — The definition in Chapter 473, Sexually Oriented Businesses, shall apply.
CANOPY — See "marquee."
CAR WASH — A building or portion thereof used for the manual or mechanical washing of automobiles and other similar vehicles.
CARTWAY — That portion of a street, alley or highway used for vehicular traffic as specified on the City Topographical Survey.
CENTER LINE OF STREET, ROAD, ALLEY OR HIGHWAY — A line equidistant from and parallel to the street, road, alley or highway right-of-way lines.
CERTIFICATE OF OCCUPANCY — Official certification that a premises conforms to provisions of this chapter and Chapter 180, Construction Codes, to the best knowledge of the City staff and may be used or occupied. Such a certificate is granted for new construction or for alteration or additions to existing structures. Unless such a certificate is issued, a building cannot be occupied.
CHILD-CARE FACILITIES —
A. DAY-CARE CENTERS —
(1) CHILD DAY-CARE CENTERS — A building or structure, or part thereof, used for the care, at any one time, for part of a twenty-four-hour day, of seven or more children unrelated to the operator, as licensed and regulated by the Pennsylvania Department of Public Welfare.
(2) FAMILY CHILD DAY-CARE HOMES — A building or structure, or part thereof, other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time, for part of a twenty-four-hour day, to four, five or six children unrelated to the operator, as licensed and regulated by the Pennsylvania Department of Public Welfare.
(3) GROUP CHILD-CARE HOMES — A building or structure, or part thereof, in which out of home care is provided, at any one time, for part of a twenty-four-hour day, to more than six but fewer than 16 older school age level children, or more than six but less than 13 children of any age level, as licensed and regulated by the Pennsylvania Department of Public Welfare.
CHURCH — A type of "place of worship."
CINEMA, MOVIE THEATER — See "theater."
CLEAR SIGHT TRIANGLE — An area of unobstructed vision at street intersections defined by the center lines of the streets and by a line of sight between points on their center lines at a predetermined distance from the intersection of the center lines.
CLUB, LODGE or SOCIAL BUILDING — A building or structure, or part thereof, used to house a club or social organization not conducted for profit and which is not an adjunct to, operated by, or in connection with a public tavern, cafe or other public place.
COLLEGE or UNIVERSITY - A post-secondary educational institution accredited by the Middle States Commission on Higher Education to award associate, baccalaureate, or higher degrees. [Added 3-23- 2020 by Ord. No. 30-2020]
COMMERCIAL DISTRICTS — The C-C, C-R, C-N and C-H Districts.
CONDITIONAL USE — A use listed as a conditional use by this chapter, which is only allowed after review by the City Planning Commission and approved by City Council.
CONDOMINIUM — Real estate, portions of which are designated for separate ownership for residential purposes and the remainder of which is designated for common ownership solely by the owners of those portions, in compliance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or the Pennsylvania Planned Communities Act, 68 Pa.C.S.A. § 5101 et seq. "Real estate" is not a condominium unless the undivided interests in the common elements (portions of a condominium other than the residential units) are vested in the unit owners.
CONVENIENCE STORE — A building, structure or part thereof, containing 12,500 square feet or less floor area, which stores and sells, primarily, prepackaged food, grocery and beverage items. Gasoline sales shall only be allowed if it is specifically permitted in the zoning district.
CONVERSION (RESIDENTIAL) — The alteration of existing building space to result in a change of building space from a principal nonresidential use to one or more dwelling units, or to increase the number of dwelling units within the building.
CORNER LOT — A lot fronting on two intersecting streets. On corner lots, for the purpose of determining setback areas, the front yard shall be considered that area which fronts on the streets; the rear yard is the area opposite the property address.
CUT - The removal of earthen materials for the purpose of making a lot flat and fit for construction. [Added 7-10-2017 by Ord. No. 59-2017]
DEVELOPMENT — Any man-made change to improved or unimproved land including but not limited to buildings, structures, manufactured homes, streets, parking lots, paving, utilities, filing, grading, excavation, mining, dredging or drilling operations, and the subdivision of land.
DIAMETER AT BREAST HEIGHT (DBH): The diameter of a tree trunk measured at a point 4.5 feet above ground level. [Added 7-10-2017 by Ord. No. 59-2017]
DISTURBANCE - Includes without limitation removing or altering vegetative cover, excavating, filling, grading, and construction of structures, excepting agricultural activity. [Added 7-10-2017 by Ord. No. 59-2017]
DORMITORY, COLLEGE or UNIVERSITY - A building or portion thereof, owned and managed by a college or university, where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for full-time students of the college or university. [Amended 3-23-2020 by Ord. No. 30-2020]
DORMITORY, OTHER INSTITUTION - A building or portion thereof, owned and managed by a medical training program or theological school, where group sleeping accommodations are provided in one room, or in a series of closely associated rooms for the fulltime students of the training program or school. [Amended 3-23-2020 by Ord. No. 30-2020]
DWELLING — Any building that is designed or used, in whole or in part, for residential purposes.
DWELLING UNIT — One or more rooms providing living facilities for only one family or an individual, used or intended to be used for sleeping, cooking, bathing and other day-to-day residential activity. Each dwelling unit shall have: its own toilet, bath or shower, sink, sleeping and cooking facilities; and separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. A dwelling unit shall not include two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another. Each dwelling unit shall only have one kitchen, except for a dwelling unit that lawfully included a second kitchen before the enactment of this chapter.
DWELLING, DUPLEX — A building divided horizontally into two dwelling units.
DWELLING, MULTIPLE-FAMILY OR APARTMENTS — A building designed and used for three or more dwelling units. See also "mid-rise apartments" and "high-rise apartments."
DWELLING, ONE-FAMILY ATTACHED (TOWNHOUSE or ROW HOUSE) — One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit.
DWELLING, ONE-FAMILY DETACHED — A single residential building containing one dwelling unit entirely surrounded by open space on the same lot and which is not attached to any other building.
DWELLING, SEMI-DETACHED — A one-family dwelling unit accommodating one family that is attached to a second one-family dwelling unit by a common vertical wall.
DWELLING, TWO-FAMILY DETACHED (DUPLEX) — A building designed and used for two dwelling units and which is not attached to any other building and is not a semidetached dwelling.
EASEMENTS — A liberty, privilege or advantage which one has in the lands of another for a precise and definite purpose not inconsistent with and subordinate to the owner's general property rights.
EFFICIENCY OR STUDIO APARTMENT — A dwelling unit which contains a complete kitchen and complete sleeping facilities; a separate bathroom containing a toilet, sink, and bathtub or shower; and a separate closet. [Added 1-27-2020 by Ord. No. 5-2020]
EMPLOYEES — The highest number of workers (including both part-time and full-time, both compensated and volunteer, and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.
ENTERTAINMENT, ACCESSORY USE — Live simulated or recorded musical and/or theatrical performances, which are accessory to the primary use.
ENTERTAINMENT, PRIMARY USE — Live simulated or recorded musical and/or theatrical performances, which are the primary function and purpose of the premises. Primary use entertainment shall be limited to nightclubs, theaters and cinemas.
ESSENTIAL UTILITIES — Cable television and gas, water, sanitary sewer, telephone and electric utilities, whether owned, operated or maintained by a private, public or municipal corporation, authority or agency, including but not limited to all buildings, poles, wires, mains, drains, sewers, pipes, conduits, cable, hydrants and other similar equipment and accessways associated therewith owned, operated or maintained by said private, public or municipal corporation, authority or agency.
FACADE — A building's exterior surface, including doors or windows as viewed by persons not within the building.
FAMILY — One or more persons related by blood, marriage, adoption or foster relationship, legal custody, guardianship or written permission of a person with custody or are the great- grandparent, great-grandchild, grandparent, grandchild, parent, child, brother, sister, aunt, uncle, niece, nephew, great uncle, great aunt, great nephew or great niece, living together as a single housekeeping unit; or a group of not more than three unrelated persons over the age of 14 years, who are living together in a single dwelling unit and maintaining a common household with a single cooking facility.
A. A roomer, boarder or lodger shall not be considered a member of the family.
B. Shared housing arrangements, where the individuals are permanent or temporary "roommates," do not constitute family arrangements.
C. The term "family" shall also not include the occupants of a clubhouse, hotel, motel, student home or student housing, fraternity house, sorority house or dormitory.
FENCE — A barrier of wood, masonry, stone, wire, metal or other manufactured material or combination of materials erected as an enclosure or to separate areas of land.
FILL - Any clean soil or rock materials used to raise the ground elevation that complies with applicable regulations for clean fill. [Added 7-10-2017 by Ord. No. 59-2017]
FIRE AND RESCUE SERVICE OPERATIONS — Includes live-fire training facilities, the educational, vehicular and administrative facilities necessary to the initial and continuing training, qualification and accreditation of firefighters, emergency medical and disaster responders, and their supporting staff operated by either the City's Department of Fire and Rescue Services or the County of Berks.
FIRE STATION — Any building owned, occupied or managed by the City's Department of Fire and Rescue Services, used primarily for the housing and readiness of fire fighting and rescue vehicles and apparatus, including but not necessarily limited to engines, ladders and ambulances. Fire stations may include residential accommodations for on-duty personnel, when limited to 20% of the station's total gross floor area and in compliance with applicable building codes.
FITNESS/HEALTH CENTERS — Facilities providing fitness, health and dietary instruction and training by certified professionals. Aerobic, cardiovascular and weight training instruction and equipment may be available as well as martial arts instruction, aquatic activities, and massage and other physical therapy.
FLOOR AREA, GROSS — The total area of all floors of a building as measured to the outside surfaces of exterior walls.
FLOOR AREA, NET — The total floor area of a building excluding areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, show windows, offices incidental to the management or maintenance of storage or buildings, rest rooms, utilities, dressing rooms, fitting or alteration rooms as well as hallways, corridors, stairways, elevators and entry vestibules.
FREE STANDING ALTERNATIVE ENERGY SYSTEM — A system that is not physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building. All such facilities shall be considered a separate or accessory structure that has the ability to convert and convey energy to the principal use in accordance with all pertinent zoning, utility and building code requirements. [Added 10-26-2015 by Ord. No. 58-2015]
FRONTAGE — That part of a lot abutting a street right-of-way (as specified on the City's Official Street Mapping), commonly referred to in terms of "feet of frontage."
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GAMING FACILITY — A licensed gaming facility as authorized by the Commonwealth of Pennsylvania, pursuant to 4 Pa.C.S.A Ch. 11, entitled "Pennsylvania Race Horse Development and Gaming Act," as amended from time to time, including but not limited to a facility allowed to operate slot machines and/or table games.
GARAGE, PRIVATE — A building or part thereof, whether or not enclosed, used for the storage of vehicles or used for the convenience of the owner or occupants of the main building and in which no business, use or service is rendered, provided or conducted for the benefit of the general public.
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GAZEBO — A freestanding roofed accessory structure with mostly open sides that shall be regulated as an accessory building.
GEOTHERMAL HEAT PUMP — An energy system utilized for heating and cooling purposes through a series of heat-exchanging pipes or tubes integrated into the ground, groundwater or surface water with a heat-exchanging media that flows through a loop system. [Added 10-26-2015 by Ord. No. 58-2015]
GOVERNING BODY — City Council of the City of Reading.
GRADE — The surface of the ground, lawns, walks or streets adjoining the exterior walls of any building.
GRADE (IN TERMS OF SLOPE) - The amount of vertical distance measured in feet over a 100-foot horizontal distance. For example, if a slope is 18%, the slope rises 18 feet for every 100 feet of horizontal distance. [Added 7-10-2017 by Ord. No. 59-2017]
GRADE, FINISHED — The completed surface of the ground, lawns, walks or streets adjoining the exterior walls of any building.
GROUP-CARE FACILITY — A household facility of no more than nine persons, other than persons related by blood, marriage, adoption or legal guardianship, who because of their physical or emotional condition or their social or interpersonal skills otherwise would limit, inhibit or prevent their ability to function as useful or productive members of society, are provided supportive services and supervision through a nonprofit social service agency or other established entity. This use is also known as a "group home." This use shall not include a treatment center. See also § 600-1201B. [Amended 12-16-2013 by Ord. No. 83-2013]
GROUP INSTITUTION — A facility housing 10 or more persons excluding supervisors (not necessarily related by blood, marriage, adoption or legal guardianship), who because their physical or emotional condition or their social or interpersonal skills, would otherwise limit, inhibit or prevent their ability to function as useful or productive members of society, and who are provided supportive services and supervision through a nonprofit social service agency or other established entity. This term shall not include a treatment center.
HABITABLE FLOOR AREA — The floor area within a building which is maintained for human occupancy. The term "habitable floor area" shall not include basements, garages or accessory building space.
HAZARDOUS WASTE —
A. Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or any combination of the above but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under the Federal Water Pollution Control Act, or source, special nuclear, or by-product material as defined by the U.S. Atomic Energy Act of 1954, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may:
(1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
B. The term "hazardous waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act, 52 P.S. § 30.51 et seq., and shall not include treatment sludge from coal mine drainage treatment plants, the disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law, 35 P.S. § 691.1 et seq.
HELIPORT — An area used for helicopters to land and take off, including all auxiliary, service and maintenance facilities related thereto.
HIGH-RISE APARTMENTS — A building or group of buildings containing therein three or more multifamily dwellings designed as an integrated development, exceeding a height of 60 feet and with the dwellings therein, leased to the occupants for a definite period of time of 30 days or more.
HOME OCCUPATION — A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the requirements for a home occupation provided in § 600-1006.
A. MAJOR HOME OCCUPATION — A home occupation that does not meet the additional standards for a minor home occupation in § 600-1006.
B. MINOR HOME OCCUPATION — A home occupation that meets the additional standards for a minor home occupation as provided in § 600-1006. Among other provisions, § 600-1006 requires that a minor home occupation not routinely involve visits to the home occupation by customers or more than one nonresident employee at a time. A minor home occupation also includes, but is not limited to, a use that meets all of the requirements for a "no-impact home-based business" as provided in the State Municipalities Planning Code, 53 P.S. § 10101 et seq. (Note: In most cases, a minor home occupation is permitted by right, while in most cases a major home occupation requires Zoning Hearing Board approval as a special exception.)
(1) NO-IMPACT HOME-BASED BUSINESS — A type of minor home occupation that meets the following definition as provided in the State Municipalities Planning Code: A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(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.
HOTEL — Establishments where the public may, for consideration, obtain sleeping accommodations. Such establishment shall have at least 10 permanent bedrooms for the use of guests, and may provide additional services, such as a restaurant, meeting rooms, and recreational facilities.
IMPERVIOUS COVERAGE — The impervious coverage is the percentage of the lot area of a lot that is covered by building roofs, stone, concrete or asphalt, and/or other man-made surfaces having a coefficient of runoff of 0.6 or greater. The City Engineer shall determine whether a surface would meet this definition.
IMPOUNDMENT — Any body of surface water formed by the construction or excavation of a basin or the obstruction of stream flow in such a manner as to cause the collection of a body of water which would not have formed under natural conditions. [Added 10-26-2015 by Ord. No. 57-2015]
IMPROVEMENT — To excavate for or store material, machinery or equipment on a lot in connection with the erection, construction, placement, reconstruction, alteration, repaint, extension, replacement, restoration or conversion of any structure, building and/or sign, except if specifically excluded by this chapter; or to change the use, area of use, or percentage of use; or to extend or displace the use in part or in total of any structure, building, sign and/or land.
INDUSTRIAL DISTRICTS — The M-C and H-M Districts.
INSTITUTIONAL USE — An establishment, especially one of an organized society or corporation, which is anticipated to remain in public use, including government-owned administration buildings and offices, fire stations, public hospitals and health care facilities, public schools, colleges and educational research lands. Cemeteries, churches, and other religious facilities not designated in low-density residential or low-medium-density residential are included in this land use category. Institutional uses in residential areas will continue as the current use. If an institutional use vacates property in residential areas, then the property should be redeveloped as a low-density residential use. [Added 12-16-2013 by Ord. No. 83-2013]
JUNKYARD — A lot, building or part thereof, which is used to collect and/or store wastepaper, rags, scrap material or discarded material, or which is used to collect, dismantle, store or salvage machinery or vehicles which are unlicensed and are not in operating condition, and shall also include the sale, resale, salvage or conversion to some other use, of the parts of machinery or vehicles.
KENNEL — An establishment for the boarding and/or breeding of animals and which involves the keeping of eight or more dogs age three months or older at any one period of time.
LAW ENFORCEMENT OPERATIONS — Includes firing ranges, accessory buildings and activities related to firing ranges, facilities for the disposal of regulated/controlled substances, the educational, vehicular and administrative facilities necessary to the initial and continuing training, qualification and accreditation of law enforcement officers and their supporting staff, operated by the City's Department of Police.
LIFE-CARE RETIREMENT FACILITY — A residential community developed according to a unified plan for persons of retirement age, which shall include residential dwelling units, and which may also include a personal care home and/or a nursing home, and which has communal dining, recreation areas, open space, parking and related facilities.
LOADING SPACE — An off-street area used for loading and unloading of goods from trucks or trailers and having a direct access to a public street or alley.
LODGE — See "club" or "social club."
LOT — Parcel or tract of land occupied or intended to be occupied, by buildings, accessory buildings, uses or accessory uses as permitted by this chapter. Existing lot sizes shall be determined by reference to any recorded subdivision plan, deed or other record found in the office of the Berks County Recorder of Deeds.
LOT AREA — An area of land that is determined by the limits of the property lines bounding that area and expressed in terms of square feet or acres. Any portion of a street right-of-way shall not be included in determining lot area, based upon the width of the street right-of-way that will exist after development is completed.
LOT COVERAGE — This term shall have the same meaning as "impervious coverage."
LOW-RISE APARTMENT — Buildings that have no more than 46 feet containing one or more multi-unit family dwellings, with the dwellings therein leased to occupants for a definite period of time of at least 30 days. [Added 12-16-2013 by Ord. No. 83-2013]
MANUFACTURED (MOBILE) HOME — A transportable single unit usable as a permanent dwelling, office or place of assembly, or multiple units designed to be joined into one integral unit capable of being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation or attachment to essential utilities. Manufactured homes comply with a Federal Manufactured Housing Construction Code, as opposed to Chapter 180, Construction Codes.
MANUFACTURED (MOBILE) HOME PARK — A parcel of land that has been planned and improved for the placement of mobile manufactured homes for nontransient use, consisting of two or more mobile manufactured home lots.
MANUFACTURING — The treatment or processing of raw products or the production or assembly of finished products from raw or prepared materials into new forms or qualities.
MARQUEE — A roof-like structure which projects from and is supported by the building to which it is attached. Marquees may project over entrances and ground floor windows, provided there is compliance with Chapter 180, Construction Codes, and provided that an encroachment permit is received for any portion within a public right-of-way.
MASSAGE PARLOR — An establishment that does not meet the requirements for a massage therapy use but does meets all of the following criteria:
A. Massages are conducted involving one person using their hands and/or a mechanical device on another person below the waist, in return for monetary compensation, and which does not involve persons who are related to each other.
B. The use does not involve a person licensed or certified by the state as a massage therapist or a health care professional or a massage therapist certified by a recognized professional organization that requires a minimum of 80 hours of professional training. Massage therapy by such a certified professional shall be considered personal service.
C. The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor or as an incidental accessory use to a permitted exercise club or high school or college athletic program.
D. The massages are conducted within private or semiprivate rooms.
MASSAGE THERAPY — A type of personal service use that meets Chapter 364, Massage Therapists, of the Code of the City of Reading. See also § 600-1103B.
MEDICAL/DENTAL CLINIC — Building, or a part thereof, containing the offices of licensed physicians or dentists and limited to outpatient treatment.
MID-RISE APARTMENTS — A building or group of buildings containing therein one or more multifamily dwellings, originally designed as an integrated development, limited to a height of 60 feet, with the dwellings therein leased to the occupants for a definite period of time of at least 30 days. [Amended 2-14-2011 by Ord. No. 8-2011]
MOBILE HOME — See "manufactured home."
MODERATELY STEEP SLOPE - A slope that has a grade of at least 15%, but less than 25%. [Added 7-10-2017 by Ord. No. 59-2017]
MODULAR HOME — A dwelling unit made of one or more prefabricated sections and erected on a permanent foundation, the essential utilities for which may be either prefabricated or installed on-site, and which is constructed to comply with Chapter 180, Construction Codes.
MOTEL — Establishments where the public may, for consideration, obtain sleeping accommodations, having at least eight permanent bedrooms for the use of guests and on-site, off-street parking.
MUNICIPAL BUILDING — A building owned, used or managed by the City of Reading or an agency of a municipality.
MUNICIPAL or MUNICIPALITY — Of or pertaining to the County or City government, or an agency thereof and/or a City-authorized fire company.
MUNICIPALITIES PLANNING CODE or STATE PLANNING CODE — The Pennsylvania Municipalities Planning Code, as reenacted and amended, 53 P.S. § 10101 et seq.
NIGHTCLUB — An establishment that offers amplified music after 12:00 midnight, sells alcoholic beverages primarily for on-site consumption, includes hours open to patrons after 12:00 midnight, has a building capacity of over 150 persons, and has less than 20% of its total sales in food and nonalcoholic beverages.
NONCONFORMING BUILDING — A type of "nonconforming structure" which is a building.
NONCONFORMING LOT — A lot, parcel, or tract of land which does not conform to the dimensional requirements of the zoning district in which said lot, parcel, or tract is situated. To be considered nonconforming, the lot, parcel, or tract of land shall also have predated the implementation of zoning in the City of Reading or was lawfully conforming prior to the enactment of zoning regulations that resulted in the nonconformity.
NONCONFORMING STRUCTURE — A structure or portion thereof which, in its design or location upon a lot, does not conform to the zoning regulations for the district in which it is situated. To be considered nonconforming, the use shall also have predated the implementation of zoning in the City of Reading or was lawfully conforming prior to the enactment of this chapter.
NONCONFORMING USE — Any use of a lot, parcel, tract, building, structure or part thereof which does not conform to the use requirements of the zoning district in which said lot, parcel, tract, building, structure or part thereof is situated. To be considered nonconforming, the use shall also have predated the implementation of zoning in the City of Reading or was lawfully conforming prior to the enactment of zoning regulations that resulted in the nonconformity. A use approved by a use variance shall not be considered to be a nonconforming use.
NURSING HOME — A facility licensed by the Commonwealth of Pennsylvania as a nursing home.
OCCUPANCY — Use of a building or lot for a specific purpose.
OCCUPIED BUILDING — A building located on a parcel of land utilized as a permitted use in accordance with the provisions of the City of Reading Zoning Ordinance. [Added 10-26-2015 by Ord. No. 58-2015]
OFFICE — A commercial establishment or use involving clerical, professional or administrative work, which may include the provision of customer services. No storage or display of goods and products for sale shall be permitted in any office.
OFF-STREET PARKING AREA, PRIVATE — An area on private property designed and used for the parking or storage of one or more passenger vehicles as an accessory use. Private off- street parking areas shall include private garages, carports and improved accessory parking spaces.
OFF-STREET PARKING AREA, PUBLIC — An open space, other than a street or other public right-of-way, designed and used by the general public for the parking of vehicles.
OWNER — Any person, agent, firm or corporation having any legal, equitable or leasehold interest in property.
PARKING SPACE — An area designed and used for the parking of a motor vehicle, exclusive of passageways, driveways and accessways appurtenant thereto.
PAWN SHOP — An establishment engaged in retail sales of secondhand merchandise and that offers personal loans secured by consumer goods, jewelry and other personal property held by the pawn shop. See the record-keeping requirements of the State Pawnbrokers License Act, 68 P.S. § 281-1 et seq.
PERFORMING ARTS FACILITY — Any facility, whether or not operated for profit, primarily engaged in providing live theatrical performances.
PERMANENT VEGETATIVE COVER - A minimum uniform perennial vegetative cover, with a density capable of resisting accelerated erosion and sedimentation. [Added 7-10-2017 by Ord. No. 59-2017]
PERMIT, BUILDING — A certificate issued by the Building Inspector for the construction, reconstruction, remodeling, alteration or repair of a building, structure or part thereof.
PERMIT, SPECIAL EXCEPTION — A certificate issued by the Zoning Administrator, after approval by the Zoning Hearing Board, for the conduct of a special exception use, which indicates thereon that the requirements governing special exceptions in this chapter and all other applicable zoning requirements have been met.
PERMIT, TEMPORARY USE — A certificate issued by the Zoning Administrator, for the conduct of a use for a limited time period indicating the duration of the permit and indicating that all special requirements governing such use and all other applicable zoning requirements have been met.
PERMIT, ZONING — A certificate issued by the Zoning Administrator stating that the purpose for which a building or land is to be used is in conformity with all requirements of this chapter for the zoning district in which the use is situated.
PERMITTED USE — A use of a lot, parcel, tract, building, structure, sign or part thereof which is permitted as of right in a particular zoning district.
PERSON — Any natural person, association, partnership, corporation or other similar entity.
PERSONAL-CARE HOME — A facility licensed as such or as an "assisted-living facility" by the Commonwealth of Pennsylvania.
PERSONAL SERVICE — An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber and beauty shops, photography studios, travel agencies, shoe repair shops, household appliance repair shops, massage therapists, and other similar establishments, but shall not include any "adult uses," as herein defined.
PET SHOP — A type of retail store that is approved by the City as a pet shop and which involves the retail sales of animals to the public, but which does involve the on-site breeding of dogs or the boarding of dogs, unless the requirements for a kennel are also met. See requirements in state law for keeping of exotic wildlife.
PETS — Any number of animals traditionally found in a household for the enjoyment, companionship and/or protection of the family. "Pets" means an animal legally obtained, such as from a licensed pet dealer. Livestock, including but not limited to, horses, cows, goats, chickens and other poultry and fowl, indigenous or exotic wild animals such as opossums, skunks, raccoons, squirrels, and endangered, threatened and protected species, are strictly prohibited. See Chapter 141, Animals, of the Code of the City of Reading.
PLACE OF WORSHIP — A building or group of buildings that is primarily used for regularly scheduled public assembly for religious purposes.
PLANNING COMMISSION — The Planning Commission of the City of Reading, unless otherwise stated.
PRINCIPAL BUILDING — The building in which the principal or main use of a lot is conducted.
PRIVATE CLUB — Any building which serves as a meeting place for a selected membership together with any recreation and dining facilities located therein.
PRIVATE ENERGY AND UTILITY PROVIDER — A principal use owned, operated and/or maintained by a private or independent utility company for the purpose of providing energy within a defined service area or grid system in accordance with the provisions established by the Public Utility Commission and the Public Utility Code. [Added 10-26-2015 by Ord. No. 58-2015]
PRIVATE SURFACE PARKING FACILITY — Privately owned and operated parking facility with spaces available for short-term and long-term lease.
PROPERTY — A lot.
PROPERTY LINE — The perimeter line of a lot.
PUBLIC NOTICE — Notice given in accordance with the provisions of this chapter and of the Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
PUBLIC RIGHT-OF-WAY — Land dedicated to and accepted by a municipality for street or roadway purposes and for the installation of public utilities as specified on the City topographical survey. A public right-of-way shall include the cartway and all sidewalk areas, paved or not.
PUBLIC STREET — Any right-of-way intended for use as a means of vehicular and pedestrian circulation and to provide access to more than one lot, as shown on official street mapping of the City of Reading.
PUBLIC USES — Uses conducted by a municipality, an agency of a municipality, a public utility, a commonwealth agency or a federal agency.
PUBLIC UTILITY — Any use that is owned, operated or managed by a public utility regulated by the Public Utilities Commission or by a municipal authority.
RECEPTION FACILITY — Shall have the same meaning as "banquet hall." [Added 2-14-2011 by Ord. No. 8-2011]
RECREATIONAL FACILITY, PRIVATE — Any privately owned and operated athletic facility, whether or not operated for profit, such as health and fitness centers, tennis clubs, gymnastic training centers and the like, and any private membership organization holding a current club license from the Commonwealth of Pennsylvania Liquor Control Board. This category does not include commercially operated game rooms, video arcades and the like, although such amusement devices may be located on the premises when they are clearly incidental to the primary use.
RECREATIONAL FACILITY, PUBLIC — Any public park or playground. Any activity center, gymnasium, natatorium or similar athletic facility owned and operated by a public body.
RECREATIONAL FACILITY, SEMIPUBLIC — Any facility, operated by a nonprofit club licensed by the Commonwealths of Pennsylvania or by any organization granted tax-exempt status by the United States of America Internal Revenue Service, which clearly has as its primary purpose athletic activity and physical exercise. This category also includes neighborhood centers operated by religious or civic associations and which offer a program of instruction and which are not operated for profit. The category does not include amusement centers such as game rooms, video arcades, or the like, although such amusement devices may be located on the premises when they are clearly incidental to the primary use.
RECREATIONAL VEHICLE — A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles include travel trailers, truck-mounted campers, motor homes, folding tent campers and automobiles, buses or trucks adapted for vacation use, snowmobiles, minibikes, all- terrain vehicles, go-carts and boat trailers, and other vehicles not suitable for daily conventional family transportation on City streets and highways.
RECYCLING OPERATIONS — Includes facilities for the collection and organization of recyclable materials, and/or the composting of organic materials. It may include collection events for the general public, where sufficient loading and staging areas are delineated operated by either the City's Department of Public Works or the Berks County Solid Waste Authority.
RESIDENTIAL DISTRICTS — The R-1, R-1A, R-2, R-3 and R-PO Districts. [Amended 8-26-2013 by Ord. No. 35-2013]
RESTAURANT — Any establishment at which food is sold for consumption on the premises. The term "restaurant" shall not include any snack bar at a public or community playground, play field, park or swimming pool operated by a governmental agency or municipal agency for the convenience of the patrons of those facilities.
RESTAURANT, DRIVE-IN OR DRIVE-THROUGH — An establishment where patrons are served food, soft drinks, ice cream and similar confections for principal consumption off the premises or in automobiles parked upon the premises.
RIGHT-OF-WAY — A strip of land occupied, or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or by another public or semipublic use.
RIPARIAN BUFFER — A permanently vegetated open space, including at least 20% trees and shrub cover, on graded and stabilized slopes, extending along and adjacent to a watercourse or impoundment that is managed to protect stability of banks and edges; improve water quality; to reduce the effects of erosion, flash flooding and contaminated runoff; and to act as a transitional zone between upland and aquatic habitat. [Added 10-26-2015 by Ord. No. 57-2015]
RIPARIAN BUFFER MAINTENANCE PLAN — A landscape management and maintenance plan that provides best management practices for the establishment of permanent vegetation and property maintenance in riparian buffers, including mulching, mowing, weed control, selection and restoration of herbs, shrubs and trees, and protection of stability and integrity of banks and edges of the watercourse or impoundment. [Added 10-26-2015 by Ord. No. 57-2015]
RIPARIAN BUFFER SETBACK — The measured distance from the edge of the banks of a watercourse or impoundment which is required to be maintained as a riparian buffer, as required for the zoning district in which said watercourse is located. [Added 10-26-2015 by Ord. No. 57-2015]
ROOF — Structural covering of any material, being supported by columns, piers, metal rods, walls or cantilevered from a principal structure.
ROOMMATE HOUSEHOLDS — A shared housing arrangement where at least two, and no more than three persons not related by blood, marriage, adoption or foster relationship, or are not the great-grandparent, great grandchild, grandparent, grandchild, parent, child, brother, sister, aunt, uncle, niece, nephew, great uncle, great aunt, great nephew or great niece, of each other, live together in a single dwelling unit and/or a single housekeeping unit on a permanent or temporary arrangement. Any exception to this definition in number of persons in the occupancy arrangement requires approval as a special exception review by the Zoning Hearing Board. Said definition or arrangement shall not include any such use that falls within the definition of residential care home or student home.
SCHOOL — PRIMARY OR SECONDARY — An institution for the education of children between kindergarten and 12th grade, inclusive; which shall be limited to:
A. Schools operated by or under the authority of the Reading School District;
B. Private academic schools which are accredited by an accrediting association approved by the State Board of Education and/or licensed by the State Board of Private Academic Schools;
C. Nonpublic schools which are sponsored by a bona fide religious institution and registered with the Department of Education; or
D. Schools for the blind or deaf receiving Commonwealth appropriations. [Added 1-13-2020 by Ord. No. 3-2020]
SCHOOL - TRADE, VOCATIONAL OR HOBBY — An educational facility for the teaching of a trade or skill, which is carried on as a business, which does not meet the definition of primary or secondary school, and which meets any applicable state licensing or registration requirements. [Added 1-13-2020 by Ord. No. 3-2020]
SCREENING — The formation of a visual or acoustical barrier using such materials as dense evergreen shrubbery or solid fencing of durable wood or masonry construction.
SETBACK — The required minimum horizontal distance between the building line and the related front, side, or rear property line or right-of-way line.
SETBACK LINE — A line designating the minimum setback from a particular lot boundary or right-of-way line.
SEWER — A public or private utility system designed to collect, centrally treat and dispose of sewage from customers, in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the City, whichever is more stringent.
SEXUALLY ORIENTED BUSINESS — An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, spa or sexual encounter center, as each term is defined in Chapter 473, Sexually Oriented Businesses, of the Code of the City of Reading. This term shall also regulate a "massage parlor" as defined by this chapter. Massage therapy performed by a certified massage therapist under Chapter 364, Massage Therapists, of the Code of the City of Reading is not included in this definition. The term "sexually oriented business" and "adult use" shall have the same meaning.
SHED — A building that is used for indoor storage but is not used for storage of motor vehicles or hazardous or toxic materials, other than fuel for lawnmowers and appliances. [Added 2-14-2011 by Ord. No. 8-2011]
SIGNS — See definitions in § 600-2205.
SITE PLAN — A drawing of a building, structure and/or lot, showing information including, but not limited to, lot and building size and coverage, setbacks, landscaping and uses. Architectural elevations and floor plans are sometimes included.
SITE PLAN REVIEW — A review of proposed development plan by the Zoning Administrator, City Planning Commission or City Council, or all, that is necessary before permission to commence or complete a project can be given.
SOCIAL CLUB (PLCB LICENSED) — Any organization, not conducted for profit, which has a membership defined by its charter bylaws, and is a licensee of the Pennsylvania Liquor Control Board.
SOCIAL CLUB OR ASSOCIATION (NON-PLCB LICENSED) — Any organization, not conducted for profit, which has a membership defined by its charter bylaws, and is not a licensee of the Pennsylvania Liquor Control Board. No alcoholic beverages are to be sold, stored or consumed on the premises, unless the requirements for a BYOB use are met. For any use that also meets the definition of a BYOB, Chapter 127, Part 3 (§§ 127-301 to 127-308), and § 127-202 shall also be met.
SOLAR ENERGY SYSTEM — A system that converts solar energy into thermal or electrical energy, where the solar energy is collected through solar cells, film, modules and/or panels and then transferred to a battery or an inverter (DC to AC power), which can be utilized as an electrical source or transferred into the utility grid system. [Added 10-26-2015 by Ord. No. 58-2015]
SOLID WASTE — Any waste including, but not limited to, municipal, residual or hazardous waste, including solid liquid, semisolid or contained gaseous materials. The term "solid waste" does not include coal ash or drill cuttings.
SOLID WASTE DISPOSAL — The incineration, deposition, injection, dumping, spilling, leaking or placing of solid wastes into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the municipality.
SOLID WASTE OR SANITARY LANDFILL — A tract, parcel or lot used for the disposal of garbage, refuse or ashes by depositing them in layers of controlled depth and width in trenches or depressions and covering each layer promptly on all sides with a compact layer of clean earth and other inorganic material of sufficient thickness to exclude rodents and to prevent the escape of odors or outbreak of fires.
SOLID WASTE STORAGE — The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. The containment of any waste in excess of one year constitutes disposal.
SOLID WASTE TREATMENT — Any method, technique or process, including neutralization, designed to change the physical, chemical, biological, character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, suitable for recovery, suitable for storage, or reduced in volume. The term "solid waste treatment" includes any activity or processing designed to change the physical form or chemical composition of waste so as to render it neutral or nonhazardous.
STATE — The government of the Commonwealth of Pennsylvania.
STEEP SLOPE OVERLAY DISTRICT - Any property that contains slopes with at least a 15% grade. [Added 7-10-2017 by Ord. 59-2017]
STORMWATER RUNOFF — Drainage runoff from the surface of the land resulting from precipitation or snow or ice melts.
STORY — That part of a building between the surface of any floor and the next floor above it, or in its absence, then the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it, unless the next lower floor is a basement. Any floor under a sloping roof with a ridge pole extending more than seven feet in height above the floor shall also be considered as a story.
STREET — A thoroughfare primarily for vehicle traffic which has been or will be dedicated or deeded to the public for public uses and includes, but is not limited to, roads and highways as specified on the City's Official Street Mapping, or that has been approved by the City as a private street, but not including an alley.
STRUCTURE — Any man-made object, including a building, radio or television tower, fences, walls, carports, porches and decks, and permanent signs, constructed or erected on or in the ground or water or upon another structure or building and having an ascertainable stationary location. The term "structure" shall not include walks, sidewalks or driveways.
STUDENT — For the purposes of regulating a student home, this term shall mean an individual who is enrolled at a university, college or trade school and whose primary occupation is as a student or who is on a semester or summer break from studies at a college, university or trade school or any combination of such persons. The term "student" shall not apply to students who have completed a bachelor or equivalent degree or persons enrolled in a single course at a time. The residents of a student home may or may not live and cook as a single housekeeping unit.
STUDENT HOME — A living arrangement for at least two students, up to a maximum of three students (as defined in this chapter) and who are unrelated to each other by blood, marriage or legal adoption. The term "student home" shall not include dormitories owned or operated by an institution of higher education, fraternity house, or sorority house. The term "student home" shall be used interchangeably with the term "student housing." This term shall not include one or more students living in the same dwelling as their parent. This term shall not be used to regulate residential uses owned or operated by a college or university within the Institutional Overlay Zone.
STUDENT HOUSING — Shall have the same meaning as a "student home."
SUBDIVISION — The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease transfer of ownership or building or lot development.
SUPERMARKET — A store occupying in excess of 12,500 square feet which sells fresh and prepackaged food, groceries, housewares and toiletries, but not clothing except as incidental items, and is designed to provide the full range of products customarily required to provide sustenance for a household.
SWIMMING POOL, ACCESSORY — An artificially constructed body of water and any lake or pond maintained for bathing by the residents of the property and their invited guests, located on a lot as an accessory use. A wading pool, with a depth of less than 24 inches shall not be regulated by this chapter as a swimming pool. A portable pool, located above ground level, with an area of less than 125 square feet and a water depth of less than two feet, temporary in character and constructed of a material other than concrete or masonry, capable of being moved from one place to another, shall not be regulated by this chapter as a swimming pool.
SWIMMING POOL AS A PRINCIPAL USE — An artificially constructed pool or any lake or pond maintained by a club or public agency for the use of club members and guests or the general public. A wading pool owned by a club or public agency, with a depth of less than 24 inches shall not be regulated by this chapter as a swimming pool. A portable pool owned by the association or public agency, located above ground level, with an area of less than 125 square feet and a water depth of less than three feet, temporary in character and constructed of a material other than concrete or masonry, capable of being moved from one place to another, shall not be regulated by this chapter as a swimming pool.
TATTOO PARLOR — A use that involves permanent marking of human skin with words or designs.
TAVERNS (INCLUDES BUT IS NOT LIMITED TO BARS AND PUBS) — Reputable, Pennsylvania Liquor Control Board licensed establishments primarily engaged in the retail sale and the on-site consumption of alcoholic beverages by consenting adults. This definition includes, but is not limited to, beer gardens, cocktail lounges, saloons and taprooms. Restaurants that serve alcoholic beverages but are primary engaged in the retail sale of prepared food are not included in this definition. See also "nightclub."
TEMPORARY SHELTER — A facility operated by a nonprofit agency providing temporary lodging, with or without meals, for persons of limited income with no ordinary or regular residence or to persons who need such shelter to avoid an abusive situation or because of a sudden event, such as fire, flood, domestic violence, condemnation, or court-ordered eviction.
THEATER — An enclosed building used for the presentation of live performances or motion pictures. Included in this definition are cinemas, other venues for the projection of film, dinner theaters, and theaters with stages for live theatrical, musical performances, as well as circuses and ceremonies, such as graduation and awards.
TOWNHOUSE — See "dwelling, one-family attached."
TRACT, TOTAL AREA OF THE — The total lot area of a single lot(s) in common ownership or common equitable ownership at the time of submittal for subdivision, land development or planned residential development approval. The total area of the tract shall not include areas within the existing rights-of-way of existing streets, but may include portions of the lot proposed for new streets or proposed for new common open space or recreation land.
TREATMENT CENTER —
A. A use involving any one or a combination of the following:
(1) A use (other than a prison or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:
(a) Criminal rehabilitation, such as a criminal halfway house.
(b) Current addiction to a controlled substance that was used in an illegal manner or alcohol.
(c) A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
(2) A methadone treatment facility, which shall be defined as a facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
(3) A lot upon which resides two or more persons who are required to register their place of residence with the Pennsylvania State Police as a requirement of the Pennsylvania Megan's Law II, or its successor law, as amended, 42 Pa.C.S.A. § 9791 et seq.
USE — Includes the phrases "arranged," "designed" and "intended to be used" and shall mean a specific purpose for which land, buildings or structures are designed, arranged, intended, occupied or maintained, or any activity, occupation, business or operation which may be conducted at a given location.
UTILITY — Equipment or facilities for producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity or steam for the production of light, heat or power to or for the public for compensation; diverting, developing, pumping, pounding and distributing or furnishing water to or for the public for compensation; transporting passengers or property as a common carrier; equipment or facilities for use as a canal, turnpike, tunnel, bridge, wharf and the like for the public for compensation; transporting or conveying natural or artificial gas, crude oil, gasoline or petroleum products, materials for refrigeration or oxygen or nitrogen or other fluid substance by pipeline or conduit for the public for compensation; conveying or transmitting messages or communications by telephone or telegraph or domestic public land mobile radio service including, but not limited to, point-to-point microwave radio service for the public for compensation; and sewage collection treatment or disposal for the public for compensation. See also "essential services."
VARIANCE — A written authorization, from the Zoning Hearing Board for a particular property to depart from the literal requirements of one or more specific zoning regulations.
VERY STEEP SLOPE - A slope that has a grade of 25% or higher. [Added 7-10-2017 by Ord. No. 59-2017]
WALL — A structure which permanently or temporarily prohibits or inhibits travel between properties or portions of properties or between the street or public right-of-way and a property.
WASTEWATER TREATMENT OPERATIONS — Includes all infrastructure, equipment and activities related to the collection, conveyance, treatment, monitoring, sampling and discharge of wastewater, regardless of its source, including, but not necessarily limited to, the pipes, manholes, junction boxes, valves, pumps, grinders, grit chambers, screening facilities, presses, centrifuges, clarifiers, settling tanks, physical, biological and chemical treatments, laboratories, vehicular and administrative facilities necessary to consistently remediate wastewater according to current regulatory standards operated by the City's Department of Public Works.
WATERCOURSE — A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow, including, without limitation, streams and stream systems, brooks, ponds, waterways, creeks and any other such channel or collection point for flowing or standing water. [Added 10-26-2015 by Ord. No. 57-2015]
WATER POWER — The generation of electricity or mechanical energy by the use of water motion, which may include overshot or undershot waterwheels, turbines, and other devices, including all associated equipment/facilities. [Added 10-26-2015 by Ord. No. 58-2015]
WIND TURBINE — A wind energy conversion system that converts wind energy into electricity through the use of a generator, which may include a nacelle (shroud/cover), rotor, tower, transformer pad, blades, spirals, helixes and/or supporting energy apparatus. [Added 10-26-2015 by Ord. No. 58-2015]
YARD, FRONT — A space between the building restriction line, or front main wall of a building, and the closer of the front street right-of-way or lot boundary. The front yard of a property located at the corner of two intersecting streets shall be considered the area fronting both streets.
YARD, REAR — The space between the rear building restriction line and the closer of any street right-of-way or lot boundary. The rear yard of a property located at the corner of two intersecting streets shall be considered the area opposite the street containing the property address.
YARD, SIDE — The space between the side building restriction line and the closer of any street right-of-way or lot boundary.
ZONING ADMINISTRATOR and ZONING INSPECTOR — The person or persons who are charged by the City with enforcement of this chapter. The terms "Zoning Administrator" and "Zoning Inspector" shall have the same meaning as "Zoning Officer."
ZONING HEARING BOARD — The Reading Zoning Hearing Board, as established by Part 4 of this chapter.
41. Editor's Note: The original definition "floodplain," which immediately followed this definition, was repealed 6-11-2012 by Ord. No. 64-2012.
42. Editor's Note: Former definition, "garage, public," which immediately followed this definition, was repealed 2-14-2011 by Ord. No. 8-2011.