[Ord. 1968, 9/8/2003, § 1400; as amended by Ord.
1985, 10/12/2004, § 4]
Both subordinate and incidental to a principal use or structure.
Any dwelling, building, or portion thereof which provides
for supervised care to persons who a) are not family, b) are primarily
over age 60, and c) need daily assistance because of their physical
health, Alzheimer's disease, developmental handicap, and/or physical
handicap. This use may involve occasional overnight stays of less
than a total of 60 hours per week per person. This use shall not include
persons who need oversight because of behavior that is criminal or
violent.
[Added by Ord. 2136, 5/11/2015]
Adult entertainment uses include any of the following as
defined below:
ADULT BOOKSTOREAny commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video productions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
|
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is offering for sale or rental for consideration the specified material
which depict or describe specified sexual activities or specified
anatomical areas.
|
Live or nonlive entertainment containing sexual activities
or displaying or presenting specified anatomical areas. This definition
is a broad overall definition which includes the activities of adult
arcades/cabarets/dance halls/private clubs/bars/gentlemen's bars/taverns/adult
bookstores, adult video stores, adult mini-motion-picture theaters
and peep shows, adult motels and sexual encounter centers as part
of its definition for adult entertainment.
|
NUDITY — The appearance of the specified anatomical
area without any covering on the body area.
| |
|
SEMINUDITY — State of dress in which clothing
partially or transparently covers the specified anatomical areas.
| |
|
SPECIFIED ANOTOMICAL AREAS — Human genitals,
pubic region, anus, buttocks, female breasts below the top of the
areola or human male genitals in a discernibly turgid state, even
if completely and opaquely covered.
| |
|
SPECIFIED SEXUAL ACTIVITIES — Activities which
include any of the following:
| |
|
1.
|
Human genitals in a state of sexual stimulation or arousal.
|
|
2.
|
Acts or simulated acts of sexual intercourse, masturbation,
sodomy, oral copulations or bestiality.
|
|
3.
|
Fondling or other erotic touching of specified anatomical areas.
|
See Appendix A3, Section A342.5, located at the end of this
chapter.
The operation of an airport, including facilities for takeoff
and landing aircraft, together with accessory uses, including dining
facilities, hangers, terminals, and other buildings and facilities
associated normally with air travel.
A public right-of-way, created by deed or by ordinance, that
is reserved for either pedestrian or vehicular access.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or enlargement whether by extension of a side or by increasing in
height or moving from one location or position to another.
As applied to Pottstown's Certified Local Government Historic
Districts, an alteration is any change, modification, or addition
to a part or all of the exterior of any building or structure which
can be seen from a public right-of-way.[1]
A building containing at least three dwellings with independent
external access or shared access via a common hallway or stairwell.
[Amended by Ord. No. 2209, 12/13/2021]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the Municipalities Authorities
Act of 1945.
A place where the following services may be carried out:
general repair, engine rebuilding, rebuilding or reconditioning of
motor vehicles, collision service, such as body frame or fender straightening
or repair, or painting or undercoating of automobiles. The definition
does not include the display of motor vehicles for sale.
A place where gasoline or any other automobile engine fuel
(stored only in underground tanks), kerosene or motor oil and lubricants
or grease (for operation of an automobile) are retailed directly to
the public on premises, including sale of minor accessories and service
for automobiles. An automobile service station may include a convenience
store not to exceed 3,000 square feet. The definition does not include
the display of motor vehicles for sale.
The temporary or occasional care of any number of children
not related to the caregiver which takes place at the home of the
caregiver, the temporary or occasional care of any number of children
at a dwelling unit customarily and regularly occupied by the children
as their residence or the regular care of one, two, or three children
not related to the caregiver which takes place at the home of the
caregiver.
An institution for lending, borrowing, exchanging, issuing,
and safeguarding money; an office or building used for such purposes.
The one-hundred-year flood elevation.
A building or structure or any part thereof consisting of
one dwelling for the traveling public, within which is provided shelter
and meals to two to six persons for compensation, that is rented overnight
for short indefinite periods, and in which meals for lodgers may also
be prepared in a common kitchen. Such housing shall include but is
not limited to a tourist home, bed-and-breakfast motel, and inn.
[Amended by Ord. 2136, 5/11/2015]
A charcoal-like, carbon-rich substance made during gasification
which is commonly used as a soil supplement in conjunction with agricultural
uses.
[Added by Ord. No. 2197, 6/8/2020]
Fuel that is produced through contemporary processes from
biomass rather than fuel produced by the very slow geological processes
involved in the formation of fossil fuels, such as oil.
[Added by Ord. No. 2197, 6/8/2020]
An aboveground fuel storage tank designed to store biofuel
outdoors; the design and use of which shall comply with all applicable
federal, state, and local laws and regulations, including but not
limited to any drainage, diking, and wall regulations applicable to
aboveground fuel tanks.
[Added by Ord. No. 2197, 6/8/2020]
Organic material which comes from plants and animals used
for energy production.
[Added by Ord. No. 2197, 6/8/2020]
An area bounded by streets and alleys.
The Zoning Hearing Board of Pottstown.
Any dwelling, building, or portion thereof for residential
occupancy within which is provided shelter and meals to three to six
persons for compensation by prearrangement for definite periods, and
in which no provision is made for cooking in any room other than a
common kitchen; does not include "bed-and-breakfast/tourist home,"
"dormitory," "group home," or "rooming house."
[Amended by Ord. 2136, 5/11/2015]
A licensed or unlicensed establishment, which may or may
not generate an economic gain, where one or more dogs are housed for
a fee, compensation, or donation by the day, week or a specified or
unspecified time, including any establishment available to the general
public that takes control of a dog from the owner for a portion of
a day for the purposes of exercise, day care or entertainment of the
dog, regardless of whether the establishment generates an economic
gain; "boarding kennel" shall specifically not include a rescue boarding
kennel home and rescue network kennel home.
[Added by Ord. 2142, 11/9/2015]
Any device used, or designed to be used, for flotation, but
not including any such device that can be lifted and transported by
two able-bodied adults without the use of mechanical means.
The governing body of Pottstown. It includes the term "Town
Council."
Borough of Pottstown, Montgomery County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by Council as the Engineer for the
Borough, the Borough Planning Commission, or any other agency of the
Borough. This shall include, also, engineers, so licensed, appointed
by Council as consultants to exercise the powers and duties of the
Borough Engineer in the furtherance of the provisions of this chapter.
A licensed or unlicensed establishment which may or may not
generate an economic gain, publicly or privately, for a fee, commission,
percentage, or donation of the sale price, sells or offers for sale,
transfers at wholesale or offers for transfer at wholesale, or offers
or maintains at wholesale for resale to another, as an owner, agent,
or assignee, one or more animals.
[Added by Ord. 2142, 11/9/2015]
Any structure, either temporary or permanent, having a roof
or other covering, and designed or used for shelter or enclosure of
any person, animal or property of any kind, including tents, awnings,
or vehicles situated on private property and used for purposes of
a building.
An approval statement signed by the Code Enforcement Officer
authorizing the construction, alteration, reconstruction, repair,
restoration, demolition or razing of all or part of any building within
Pottstown.
The request filed by any person with the Code Enforcement
Officer that seeks authorization to construct, alter, reconstruct,
repair, restore, demolish or raze all of any part of any building
within Pottstown.
|
ATTACHED BUILDING — One of three or more buildings divided
by party or partition walls; includes end-of-row buildings.
| |
|
DETACHED BUILDING — A building that has no party walls.
| |
|
SEMIDETACHED BUILDING — A building that has only one party
wall, but not an end-of-row building.
|
The set line on a lot, measured parallel from the front and/or
corner side lot line or street line, upon which the principal structure
must be located. The building facade must be located upon the build-to
line. Facade articulation, such as window or wall recesses and projections
are not counted as the building facade line, which begins at the applicable
facade wall.
[Added by Ord. No. 2201, 1/11/2021]
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit. It means, further,
the occupancy or use of a building or premises or any portion thereof
for the transaction of business or the rendering or receiving of professional
services, excluding any direct retail store use and/or direct service
store use.
A shelter for one or more vehicles that is not enclosed fully
by walls and one or more doors.
That portion of a right-of-way set aside for vehicular traffic.
A lot on which motor vehicles are washed or waxed, either
by the patrons or by others, using machinery specially designed for
the purpose.[2]
An organic compound, and the basic structural component of
green plants' cell walls, used as a raw material mainly to produce
paperboard, paper, and other similar manufactured goods. Cellulose
is a biomass and can be converted into biofuels such as renewable
diesel.
[Added by Ord. No. 2197, 6/8/2020]
Any non-food-based garbage, refuse, industrial, or commercial
waste which is principally solid (nongaseous, nonliquid) in nature
and composed primarily of cellulose. This definition shall include
paperboard, paper, wood products such as pallets, and other similar
manufactured goods.
[Added by Ord. No. 2197, 6/8/2020]
A type of solid waste facility that receives, separates,
stores and converts cellulose- based solid waste feedstock into biofuel,
biochar, and other naturally occurring by-products by using gasification.
[Added by Ord. No. 2197, 6/8/2020]
An area for the burial of the dead.
A statement signed by Pottstown Borough Council that certifies
the appropriateness of a particular request for the construction,
alteration, reconstruction, repair, restoration, demolition or razing
of all or a part of any building within one of Pottstown's Certified
Local Historic Districts, and authorizes the issuance of a building
permit for said request.
The areas in the Borough of Pottstown created by ordinance
of the Borough of Pottstown as authorized by the Act of June 13, 1961,
P.L. 282, No. 167, as amended.
An establishment that 1) is not a bank or financial institution
subject to federal or state regulation; and 2) that charges either
a flat fee or a fee based on a percentage of the face value of a check
to be cashed or processed by such establishment; and 3) provides such
services to the public.
[Added by Ord. No. 2183, 4/8/2019]
Any dwelling, building or portion thereof in which child
day-care services are provided, including any on-site outdoor play
area. Child day-care facilities shall be further differentiated by
the following three classifications:
FAMILY DAY-CARE HOMEAny premises or dwelling unit other than the child's own home where the child-care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis to four, five or six children, who are not relatives of the caregiver. Day-care service for children in this type of facility is different from "babysitting."
GROUP DAY-CARE HOMEA facility in which care is provided for more than six, but fewer than 12, children at any one time, where the child-care areas are being used as a family residence.
DAY-CARE CENTERA facility which is licensed to provide care for seven or more children, at any one time, where the child-care areas are not being used as a family residence.
A building wherein persons assemble regularly for religious
worship and that is used only for such purposes and for those accessory
activities as are customarily associated therewith.
The officer designated by Pottstown Borough Council as the
person who issues permits for the construction, alteration, reconstruction,
repair, restoration, demolition or razing of all or part of any building
in Pottstown.
The Borough of Pottstown Planning Commission, unless the
context indicates clearly otherwise.
A parcel of land or parcels of land or an area of water,
or a combination of land and water, within a development site and
designed and intended for the use or enjoyment by residents of a development,
not including streets, off-street parking areas, and areas set aside
for public facilities.
The Commonwealth of Pennsylvania.
When used to describe the relationship among buildings in
a Conservation District, "compatible" means having characteristics
that are similar to the majority of existing historic buildings on
the block. These characteristics include, but are not limited to:
Constructed of the same original materials, such as wood, brick,
or stucco, as existing buildings on the block, or constructed of materials
that are very similar in appearance to the original materials, such
as dark gray asphalt shingles to replace slate shingles, cut to the
same size and shape.
Contain structural details that are similar to other buildings
on the block, such as:
|
Decorative shingles
| |
|
Cornices and fascia
| |
|
Lintels over windows and doors
| |
|
Shape, size, and placement of windows
| |
|
Thickness and placement of mullions in the sash of windows
| |
|
Shape and placement of porches and columns
|
A use permitted in a particular zoning district pursuant
to the provisions in Section 400 and Article VI of the Pennsylvania
Municipalities Planning Code.
[Added by Ord. 2110, 5/13/2013]
Any or all work necessary for the erection of any building
or structure from a combination of materials to form safe and stable
structures.
A building or structure or any part thereof which provides
for the housing and intermediate or fully skilled nursing care, for
a period exceeding 24 consecutive hours, of three or more adults who
are not family and who, by reason of chronic illness or infirmity,
are unable to care for themselves, and which does not meet the definition
of a "hospital," "personal care home," "treatment center," or "group
home." Such housing shall include but is not limited to nursing homes,
intermediate care facilities, skilled nursing facilities, and assisted
living facilities.[3]
[Added by Ord. 2136, 5/11/2015]
A neighborhood convenience store with at least one gasoline
dispensing pump.
[Added by Ord. 2154, 9/12/2016]
An operable gas or electric line for a stove, storage space
for foodstuffs and related material, and an operating sink (having
a bowl no smaller than 300 square inches in area and one foot in depth)
and drainboard.
The Borough Council of Pottstown
The County of Montgomery.
A land use and growth management plan prepared by the County
Planning Commission and adopted by the County Commissioners which
establishes broad goals and criteria for municipalities to use in
preparation of their comprehensive plan and land use regulations.
[Added by Ord. 2110, 5/13/2013]
A building or structure or any part thereof, other than a
prison or treatment center, which provides restricted or specialized
housing, treatment, rehabilitation, and/or counseling to persons under
the jurisdiction or control of any court, parole, probations, or corrections
agency, including, but not limited to, inmates under sentence, inmates
in pre-release status, parolees, and court-adjudicated juveniles.
Such restricted and specialized housing shall include but is not limited
to such uses as a criminal rehabilitation center, criminal halfway
house, treatment/housing center for persons convicted of driving under
the influence of alcohol, a housing facility serving as an alternative
to incarceration, criminal transitional living facilities, criminal
pre-release centers, community corrections housing facilities, and
juvenile detention facilities. The term shall not apply to a hospital
providing acute or needed medical treatment to a person not placed
in such facility other than for such acute treatment.
[Added by Ord. 2136, 5/11/2015]
A right-of-way for pedestrian travel across or within a block.
A street intersecting another street at one end and terminating
at the other end in a paved vehicular turnaround.
A final adjudication by Borough Council or the Pottstown
Zoning Hearing Board. Appeals from decisions go directly to the Court
of Common Pleas.
The dismantling or tearing down of all or part of any building.
A final administrative decision such as the grant or denial
of a permit by the Zoning Officer or Engineer of the Borough with
respect to the administration of any land use ordinance. Determinations
are appealable to Borough Council or the Pottstown Zoning Hearing
Board, as the case may be.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, a plat of subdivision, all
covenants relating to use, location, and bulk of buildings and other
structures, intensity of use or density of development, streets, ways,
and parking facilities, common open space, and public facilities.
The phrase "the provisions of the development plan" when used in this
Part shall mean the written and graphic materials referred to in this
Part.
Any store or shop in which commodities are sold directly
to the consuming public.
Any establishment primarily engaged in selling services,
as opposed to products, to the general public or businesses. Direct
service stores include tailors, dressmakers, dry cleaners, barbers,
beauty salons, copy centers, photography studios and shops for the
repair of clothing, shoes or household items.
A building or structure or any part thereof only inhabited
by teaching faculty and/or bona fide full-time students of an accredited
college, university, or medical training facility or state-licensed
teaching hospital, or of an accredited public or private primary or
secondary school, and which is owned and operated by such principal
use to which the dormitory serves; does not include "bed-and-breakfast/tourist
home," "boarding home," "group home," or "rooming house."
[Added by Ord. 2136, 5/11/2015; amended by Ord. 2171, 1/8/2018]
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
Any building, design, facility, or structure, or portion
thereof, from which a business, product or service is transacted,
or is capable of being transacted, directly with customers located
in a motor vehicle during the transaction.
[Added by Ord. No. 2183, 4/8/2019]
A customer service window located in a principal structure
as an accessory to an office or retail establishment that is intended
to enable customers to transact business with an employee inside the
building without leaving their motor vehicles. It is presumed the
motor vehicle will exit the premises immediately after the transaction
of business.
A trash receptacle designed to be hoisted and emptied into
a truck and capable of temporarily holding 165 gallons (or 0.81 cubic
yards) to 1,616 gallons (or eight cubic yards) of waste generated
on a property, including, but not limited to, regular household waste,
garbage, perishables and similar waste.
[Added by Ord. No. 2219, 11/14/2022]
DUMPSTER (ROUTINE COLLECTION)A dumpster placed on a property for the purpose of routine waste collection and disposal.
DUMPSTER (SPECIAL PURPOSE)A dumpster placed on a property for a limited time for a special temporary purpose such as collection of demolition waste, construction waste, items discarded while moving, clean outs, fire and/or flood restoration or other similar purpose.
A unit with one or more rooms with living, cooking, eating,
sleeping, and sanitary facilities provided for the living purposes
of one family. The minimum square footage for any dwelling shall be
800 square feet of livable space.[4]
[Amended by Ord. 2136, 5/11/2015; and by Ord. No. 2209, 12/13/2021]
A right granted for the use of private land for certain public
or quasi-public purposes; also, the land to which such a right pertains.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency or joint planning commission.
[Amended by Ord. 2110, 5/13/2013]
Any number of related persons, or not more than three persons
who are not related to each other and living together on a stable,
permanent, and nontransient basis characteristic of a biological nuclear
or extended family of related persons in a dwelling unit, and functioning
as a common, integrated household unit in a family setting or environment
in which household expenses and joint use of the entire dwelling unit
are shared.
[Amended by Ord. 2136, 5/11/2015]
Renewable material that can be used directly as a fuel or
converted to another form of fuel or energy product.
[Added by Ord. No. 2197, 6/8/2020]
A structure that permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and a property.
A building housing firefighting vehicles and equipment. A
firehouse may contain sleeping, cooking, and toilet facilities for
on-duty firefighters and may contain social quarters for firefighters
and their guests.
See Appendix A3, Section A339.14, located at the end of this
chapter.
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures, that reduce
or eliminate flood damage to lands, water and sanitary facilities,
structures, and contents of buildings.
Total gross area of all floors as measured to the outside
surfaces of exterior walls, excluding crawl spaces, garages, carports,
breezeways, attics without floors, and open porches, balconies, and
terraces.
The building area divided by the lot size. (For example,
a building with a total floor area of 40,000 square feet on a 100,000
square foot lot has a floor area ratio of 0.4 or 40%).
A manufacturing plant designed to process food products for
sale, excluding the slaughtering of animals, and which processing
may include the cooking, baking, and packaging of such products.
A person or establishment engaged in or that professes to
foretell future or past events, engaged in the practice of palmistry
(the art or practice of reading a person's character or future from
the lines on the palms of hands), or professes to mediate communication
between spirits of the dead and living human beings.
[Added by Ord. No. 2183, 4/8/2019]
The area between the front lot line (a line dividing a lot
from any public street) and the setback required therefrom, with the
exception of corner lots used for residential purposes.
An accessory building or part of a principal building used
for the storage of motor vehicles or equipment, or as an artist's
studio or a workshop, all materials to be owned and used exclusively
by the owner or tenant of the premises. No business connected directly
or indirectly with motor vehicles is permitted.
A manufacturing process through which feedstock is heated
above 600° C. in an oxygen-deficient atmosphere without an open
flame and then converted into a fuel-gas mixture, biochar, and other
naturally occurring by-products.
[Added by Ord. No. 2197, 6/8/2020]
A grassy area of no less than 15 acres laid out for the game
of golf with a series of nine or 18 holes, each including a tee, fairway,
and putting green.
An enclosure made predominately of clear glass used for the
cultivation or protection of plants.
Any dwelling, building, or portion thereof to accommodate
the housing, support, oversight, and care, in a family setting or
environment, of persons who, because of physical disability, old age,
mental retardation/developmental disability or another condition that
the applicant proves to the Code Enforcement Officer involves a handicap
or disability under the Federal Fair Housing Act Amendments of 1988
or the Americans With Disabilities Act, as amended, need supervision
and health, social, and/or rehabilitative services which are not specialized,
but which does not meet the definition of a "bed-and-breakfast," "boardinghouse,"
"criminal housing facility," "dormitory," "hospital," "rooming house,"
or "treatment center."
[Amended by Ord. 2136, 5/11/2015]
The Historic Architectural Review Board regulating properties
in Pottstown's Certified Local Ordinance Historic Districts.
A building, or part thereof, providing facilities and programs
designed to improve the physical well being of the patrons thereof.
Such facilities include, not by way of limitation, spas, tennis or
racquet clubs, swimming pools, basketball courts, gymnastic and calisthenics
facilities, and weight-training facilities.
Establishments primarily engaged in furnishing medical, rehabilitative
and therapeutic services to individuals from technicians, therapists
and other health-care practitioners, including medical, dental, laboratories,
outpatient facilities, blood banks, and oxygen and miscellaneous types
of medical supplies and services, which shall not include professional
offices or client-based social service providers.
[Added by Ord. 2085, 9/12/2011]
The production or processing of materials by the employment
of large machines, cranes, furnaces, presses, and the like. Such activity
is likely to produce noise, odors, or other emissions detectable by
a person having normal senses, when experienced from off the premises.
The vertical distance as measured from the main level of
the ground surrounding a building or structure and either the point
midway between the highest and lowest points of the building's roof,
or a structure's highest point; provided chimneys, spires, towers,
elevator penthouses, tanks, and similar projections shall not be included
in calculating height.
[Amended by Ord. 2171, 1/8/2018]
The Historic Architectural Review Board regulating properties
in Pottstown's Certified Local Ordinance Historic Districts.
An area judged by the Pennsylvania Bureau for Historic Preservation
as eligible for the National Register of Historic Places.
A retail store use principally devoted to the sale of nonpharmaceutical
medical supplies or equipment, also known as durable medical equipment
(DME), to the direct consumer or end-user. Such medical supplies or
equipment can include, but are not limited to, canes, walkers, oxygen
equipment and accessories, commode chairs, hearing aids, manual wheelchairs
and power mobility devices.
[Added by Ord. No. 2183, 4/8/2019]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and fails to meet all of the requirements for a no-impact
home business contained in the Pennsylvania Municipalities Planning
Code[5] and Section 504 of the Pottstown Borough Zoning Ordinance,
but which substantially conforms to the requirements contained therein.
Examples of major home occupations shall include but not be limited
to office for medical, dental, legal, insurance agent, accountant,
or other similar professional purposes; family child/adult day care
involving no more than six children or adults unrelated to the operator;
preparation of food or food products to be sold or served off site,
including but not limited to catering services and other accessory
uses that do not qualify as a no-impact home occupation, but, in the
determination of Borough Council, are considered to be of the same
general character of home occupations listed herein and meet all the
requirements for major home occupations.
[Amended by Ord. 2142, 11/9/2015]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and meets the requirements for no-impact home business contained
in the Pennsylvania Municipalities Planning Code[6] and Section 504 of the Pottstown Borough Zoning Ordinance.
Examples of no-impact home occupations shall include but not be limited
to dressmaking, sewing, tailoring, painting, sculpting; writing, music,
filmmaking; telephone answering, typing, bookkeeping; home crafts,
such as model making, rug weaving, pottery, jewelry making, and cabinet
making; computer programming that involves services to outside clients;
tutoring up to two students at one time; beautician or barber services
by appointment only, up to two clients at one time; professions such
as architect, planner, engineer, financial consultant; cooking or
baking for off-site sales and use, construction tradesperson; and
any other occupation that the Department of Licensing and Inspections
deems comparable to the above in terms of scale and impact.
[Added by Ord. 2110, 5/13/2013; as amended by Ord. 2142,
11/9/2015]
A substance typically smoke through a water pipe with a smoke
chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah,"
and also known as "narghile," "argileh," "shisha," "hubble-bubble,"
and "goza," or any similar substance.
[Added by Ord. No. 2226, 4/10/2023]
Any establishment that is devoted to, marketed as, or designed
for, whether as its primary use or as an accessory use, the on-premises
use of smoking hookah. The term "hookah bar" includes, but is not
limited to, establishments variously known as "hookah parlors," "hookah
cafes," and "hookah lounges."
[Added by Ord. No. 2226, 4/10/2023]
A building or structure or any part thereof providing the
diagnosis, treatment, or other medical or hospice care of humans that
includes, but is not limited to, care requiring overnight stays. A
hospital may involve care and rehabilitation for medical, dental,
or mental health, but shall not primarily include housing or treatment
of the criminally insane or persons actively serving an official sentence
after being convicted of a felony, and shall not meet the definition
of "criminal housing facility," "treatment center," "continuing care
home," or "personal care home." A hospital may also involve medical
research and training for health care professions.
[Added by Ord. 2136, 5/11/2015]
A building or structure or any part thereof designed, used,
or offered for residential occupancy for any period less than one
month, but not including "bed-and-breakfast/tourist homes," "hospitals,"
"boarding homes," or "rooming houses."
[Amended by Ord. 2136, 5/11/2015]
Those surfaces which do not absorb water. Surfaces, including,
without limitation, buildings, parking areas, driveways, roads, sidewalks,
swimming pools, and any area in concrete, asphalt, and packed stone
or gravel, shall be considered impervious surfaces. In addition, other
areas determined by the Zoning Officer or the Borough Engineer to
be impervious within the meaning of this definition shall also be
classified as an impervious surface.
[Added by Ord. No. 2201, 1/11/2021]
A nonprofit or public use, such as a library or government-owned
or -operated building, structure or land used for a public purpose.
This also includes cultural uses that promote art, drama, music, science
and/or history, such as a museum, theater or botanical garden.
[Amended by Ord. 2110, 5/13/2013]
An area of land, with or without buildings, used for storage
outside a completely enclosed building of used and discarded materials,
including but not limited to wastepaper, rags, metal, building materials,
house furnishings, machinery or vehicles or vehicle parts, with or
without the dismantling, processing, salvage, sale or other use or
disposition of the materials. The deposit or storage of two or more
unlicensed, wrecked, or disabled vehicles or the major parts of vehicles
is considered a junkyard.
The plan adopted by the Pottstown Borough Council, and on
file at Borough Hall, providing a master plan for the Keim Street
industrial area.
[Added by Ord. No. 2201, 1/11/2021]
An establishment for the breeding and boarding of pets.
Any of the following activities:
[Amended by Ord. 2110, 5/13/2013]
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Development in accordance with the Pennsylvania Municipalities
Planning Code § 503(1.1).
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
Any ordinance or map adopted pursuant to the authority granted
in Articles IV, V, VI, and VII of the Pennsylvania Municipalities
Planning Code.
A place where patrons wash, dry, or dry-clean clothing and
other fabrics in machines operated by the patrons.
The production or processing of materials by the employment
of small machines, soldering irons, stamping machines, kilns, aluminum
bending devices, and the like. Such activity is not likely to produce
noises, odors, or other emissions detectable by a person having normal
senses, when experienced from off the premises. For purposes of the
BO District, "light manufacturing" shall mean:
[Amended by Ord. No. 2205, 9/13/2021]
Manufacture and assembly of small electrical appliances and
parts such as lighting fixtures, fans, electronic measuring and controlling
devices, radio and television receivers, and home electronic equipment,
not including electrical machinery.
Manufacture of boxes, containers, bags and other packaging products
from previously prepared materials, but specifically excluding the
manufacture of paper from pulp.
Manufacture, assembly and packaging of jewelry, watches, clocks,
optical goods and professional and scientific instruments.
Manufacture, compounding, processing, packaging, or treatment
of bakery goods, confections, candy and dairy products.
Printing, publishing, lithographing, binding and similar processes.
Scientific research laboratory or other experimental testing
establishment.
An off-street space available for the loading or unloading
of goods and having direct access to a street or alley.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
The area of land within the boundary of a lot, excluding
any part under water, excluding easements, and excluding the area
of land bounded by any front lot lines, the center line of the street
on which it fronts and the side lot lines intersecting the front lot
line at its ends extended to the center line of the street.
A line marking a boundary of a lot.
An area intentionally planted with herbaceous plant material
primarily comprised of native species. A managed meadow shall not
include woody trees and shrubs and shall be kept free of species identified
in the most-recent Noxious Weed Control Law adopted by the Pennsylvania
Department of Agriculture and/or the most-recent Invasive Plant Species
List promulgated by the Pennsylvania Department of Conservation and
Natural Resources, and both are hereby incorporated herein by reference.
[Added by Ord. 2171, 1/8/2018]
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with hands or with the aid of
any mechanical or electrical apparatus, with or without such supplementing
aids as rubbing alcohol, liniments or other similar preparations commonly
used in this practice. The term does not include the diagnosis or
treatment of impairment, illness, disease, or disability, a medical
procedure, a chiropractic manipulation (adjustment, physical therapy
mobilization), manual therapy, therapeutic exercise, electrical stimulation,
ultrasound, or prescription of medicines for which a license to practice
medicine, chiropractic, physical therapy, occupational therapy, podiatry
or other practice of the healing arts is required or any other area
licensed by the Commonwealth of Pennsylvania.
[Added by Ord. No. 2183, 4/8/2019]
Any establishment where the primary use is the administration
of massage therapy for the payment of a fee or other compensation
or consideration, but not including: a hospital; nursing home; medical
clinic; the office of a physician, surgeon, physical therapist, chiropractor,
or osteopath currently licensed as such by the Commonwealth of Pennsylvania;
barbershops or practices licensed by the Department of Cosmetology;
or any athletic program of accredited junior and senior high schools
or colleges in which a massage is administered by a trainer within
the scope of such athletic program.
[Added by Ord. No. 2183, 4/8/2019]
The production or processing of materials by the employment
of large machines, cranes, presses, and the like. Such activity is
likely to produce a moderate amount of noise, odors, or other emissions
detectable by a person having normal senses, when experienced from
off the premises.
Any mobile vehicle, used for residential occupancy or for
any other use, designed for transportation, after fabrication, on
streets on its own wheels or supported by other vehicles or trailers
but that is not self-propelled, and arriving at the site where it
is to be occupied after incidental unpacking and assembly operation,
supported on jacks or other foundations and connected to utilities
and the like.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
[Added by Ord. 2110, 5/13/2013]
A parcel or contiguous parcels of land that has been so designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
A plan developed and adopted by any number of contiguous
municipalities, including a joint municipal planning commission in
accordance with Article XI of the Pennsylvania Municipalities Planning
Code, or otherwise by resolution of the participating municipalities,
to address, on behalf of the participating municipalities, multimunicipal
issues, including but not limited to agricultural and open space preservation,
natural and historic resources, transportation, housing and economic
development.
[Added by Ord. 2110, 5/13/2013]
A planning agency comprised of representatives of more than
one municipality and constituted as a joint municipal planning commission
in accordance with Article XI of the Municipalities Planning Code,
or otherwise by resolution of the participating municipalities, to
address, on behalf of the participating municipalities, multimunicipal
issues, including but not limited to agricultural and open space preservation,
natural and historic resources, transportation, housing and economic
development.
[Added by Ord. 2110, 5/13/2013]
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
Any city of the Second Class A or third class, borough, incorporated
town, township of the first or second class, county of the second
class through eighth class, home rule municipality, or any similar
general-purpose unit of government which shall hereafter be created
by the General Assembly.
[Added by Ord. 2110, 5/13/2013]
A place where gasoline or any other automobile engine fuel
(stored only in underground tanks), kerosene or motor oil and lubricants
or grease (for operation of an automobile), are retailed directly
to the public on premises, including sale of minor accessories and
service for automobiles. Accessory uses are limited to lubrication,
changing oil and filters, changing and repairing tires and tubes,
engine tune-ups, hand washing and polishing without automatic equipment,
and replacing of light bulbs, windshield wiper blades and other small
parts. They do not include steam cleaning, body repairs, painting,
or transmission, chassis, or engine repairs.
A direct retail store with a floor area of 3,000 square feet
or less which generally sells for off-site consumption and/or use
any combination of 1) food and/or beverages; 2) over-the-counter drugs;
3) reading materials; 4) household supplies; and/or 5) tobacco products.
[Added by Ord. 2154, 9/12/2016; amended by Ord. 2171, 1/8/2018;
and by Ord. No. 2226, 4/10/2023]
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reason of such adoption or amendment.
[Added by Ord. 2110, 5/13/2013]
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, that does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A playground, gymnasium, natatorium, park, or similar use
made available to the public by a government agency or by a private
organization enjoying tax-exempt status by the Internal Revenue Service.
For the purposes of the Keim Street Gateway Overlay, the
railroad line, owned and operated by Norfolk Southern or by its heirs,
successors or assigns, which makes an at-grade crossing with South
Keim Street. Standards for development proposals will differ according
to their location north or south of the rail boundary; the areas are
further defined as follows:
[Added by Ord. No. 2201, 1/11/2021]
NORTH GATEWAYLots north of the NS rail boundary legally existing upon adoption of this Overlay.
SOUTH GATEWAYLots south of the NS rail boundary legally existing upon adoption of this Overlay.
BUSINESS OFFICEA building or portion of a building where the sale of nontangible goods or real estate is sold to the general public. Business offices include real estate, insurance, securities and travel offices.
GENERAL OFFICEA building or portion of a building where administrative or clerical services are conducted or where duties not involving the sale of services are performed. General offices include administrative offices for industry, employment offices and other similar offices, not including municipal or governmental offices or client-based social service providers.
CLIENT-BASED SOCIAL SERVICE PROVIDERA type of general office consisting of a facility that provides on-site assistance to persons with limited ability for self-care. This term includes a facility that provides assistance for psychological, psychiatric, and/or medical problems, employment, welfare and other similar forms of assistance.
PROFESSIONAL OFFICEA building or portion of a building where a member of a recognized profession sells services to the general public. Professional offices include doctor, lawyer, engineer, accountant offices and other similar offices.
MUNICIPAL OR GOVERNMENTAL OFFICEA building or portion of a building occupied by a governmental entity which shall include offices for the Borough, the county, the state and/or for the federal government, excluding client-based social service providers.
A map adopted by ordinance pursuant to the Pennsylvania Municipalities
Planning Code, Article IV.
[Added by Ord. 2110, 5/13/2013]
An outdoor market for the retail sale of new or used merchandise,
produce or other farm products, whether operated by a single vendor
or composed of stalls, stands or spaces rented or otherwise provided
to vendors. The term does not include the outside display of merchandise
as an incidental part of retail activities regularly conducted from
a permanent building on sidewalks or other areas immediately adjacent
to, and upon the same lot as, such building. The term also does not
include merchandise sold at festivals or other special events, temporary
in duration, at which the display and sale of merchandise is incidental
to the primary cultural, informational or recreational activities
of such festival or special event.
[Added by Ord. 2110, 5/13/2013]
That portion of a lot area that is natural or landscaped
and free of any structures and impervious surfaces; it is expressed
as a percentage of the lot.
A flood that has one chance in 100 years or a one-percent
chance of being equaled or exceeded in any year. For the purpose of
this chapter, the one-hundred-year flood (base flood) is defined by
the Federal Insurance Administration, United States Department of
Housing and Urban Development, in the Flood Insurance Study, Borough
of Pottstown, Montgomery County, Pennsylvania; also, the "regulatory
flood;" and other areas where storm runoff calculations indicate the
presence of a one-hundred-year flood.
A lot where merchandise and goods are auctioned to the public
outdoors or goods are sold to the public outdoors simultaneously by
more than one individual or corporation.
An area on a public sidewalk or other publicly accessible
paved area directly abutting and adjacent to and/or upon the same
lot as an associated eatery or any premises licensed by the Pennsylvania
Liquor Control Board pursuant to 40 Pa. Code § 7.21, as
amended, which is used for the purpose of furnishing food and beverage
to patrons for consumption therein.
[Added by Ord. No. 2187, 7/8/2019]
The keeping of inventory, stock, material, merchandise, finished
products, vehicles, or goods in any location, except within an entirely
enclosed building, for more than 24 hours.
[Added by Ord. No. 2183, 4/8/2019]
A district which encompasses a number of smaller districts
and adds specific conditions and regulations to those smaller districts.
The Conservation District adds conditions and regulations
to the following districts:
|
Neighborhood Residential
| ||
|
Traditional Town
| ||
|
Downtown
| ||
|
The Gateway District adds conditions and regulations to the
following districts:
| ||
|
Neighborhood Business
| ||
|
Downtown Gateway
| ||
|
Gateway East and Gateway West
| ||
|
Park
| ||
Any individual, firm, association, syndicate, copartnership,
or corporation having sufficient proprietary interest in the land
sought to be subdivided or developed under this chapter.
Land owned by the Borough of Pottstown or another unit of
government, or a nonprofit organization, which is used or intended
for active or passive recreation. Unless owned by the Borough or the
Pottstown School District, this definition shall not be construed
to include concert halls or outdoor concert areas, race tracks of
any kind, stadiums or similar facilities which may attract large crowds.
A building used for the storage of motor vehicles.
An open space other than a public or private street used
for the parking of automobiles.
An off-street space available for the parking of a motor
vehicle exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
An establishment that is engaged to any extent in any of
the following business or activities:
[Added by Ord. No. 2183, 4/8/2019]
The lending of money on the deposit or pledge of personal property,
other than choses in action, securities or written evidence of indebtedness;
The purchase of personal property either from an individual,
another pawn business or any other business with an expressed or implied
agreement or understanding to offer the property for sale to the public,
and if that sale is unsuccessful, then to sell it back to the previous
owner at a subsequent time at a stipulated price or negotiated price;
The purchase of precious metals with the intent to melt down,
provided that such activity is not clearly incidental to the principal
use of the establishment; or
The lending of money upon personal property, goods, wares, or
merchandise pledged, stored or deposited as collateral security.
Any person or entity that is substantially in the business
of negotiating, arranging, aiding, or assisting a consumer in procuring
payday loans. "Payday loans" are defined as short-term cash advances
of $3,000 or less that are secured or facilitated by a consumer's
personal check that is held for future deposit or by electronic access
to the consumer's bank account. The term includes any form of such
lending, notwithstanding the presence of some other element introduced
to disguise the true nature of the transaction, such as the sale or
provision of a good, service, or commodity incidental to the advance
of funds, and notwithstanding the fact that the transaction is conducted
in person, by mail, internet, telephone, or through any other means.
The term shall not include loans made by the customer's employer or
an agent of that employer, or by a federally or Commonwealth-chartered
bank, thrift, or credit union.
[Added by Ord. No. 2183, 4/8/2019]
An individual, copartner, or corporation or having the legal
standing of any.
A personal care business requires direct, physical contact
with the customer in the performance of a personal service. Such uses
generally but do not always require a license from one of the boards
and commissions under the auspices of the Commonwealth Department
of State's Bureau of Professional and Occupational Affairs. Individual
personal care businesses shall be categorized and permitted according
to the following subcategories:
[Added by Ord. No. 2183, 4/8/2019]
Personal Care Business - A: Uses which are regulated under the
State Boards of Cosmetology and Barber Examiners, which include barbers,
beauticians, cosmetologists, nail manicurists, and estheticians.
Personal Care Business - B: Uses which include the performing
of any of the following procedures: body piercing, tattooing, cosmetic
tattooing, branding, or scarification. This definition does not include
practices that are considered medical procedures by the Pennsylvania
Medical Board.
A building or structure or any part thereof designed or used
for residential occupancy for elderly persons who are not family and
for providing limited nonspecialized medical care or nursing care
on the premises for occupants who require assistance or supervision
in such matters as dressing, bathing, diet, or medication prescribed
for self-administration but who do not require hospitalization or
care in a continuing care home, and which does not meet the definition
of a "hospital," "continuing care home," "treatment center," or "group
home."
[Added by Ord. 2136, 5/11/2015]
The Pottstown Planning Commission unless specified otherwise.
The map or plan of a subdivision or land development, whether
preliminary or final.
A commonwealth-licensed institution for the care of children
of prekindergarten age.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
[Added by Ord. 2110, 5/13/2013]
A calling requiring specialized knowledge and long and intensive
academic preparation. "Profession" or "professional" shall include
doctors, dentists, lawyers, engineers, architects, and the like, but
shall not include real estate brokers, insurance agents, securities
dealers, beauticians, and the like.
Persons who provide expert or professional advice, including
but not limited to architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
[Added by Ord. 2110, 5/13/2013]
A municipality or a municipal authority, unless clearly the
context dictates otherwise.
Includes:
[Amended by Ord. 2110, 5/13/2013]
A formal meeting held pursuant to public notice by the Borough
Council or the Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter
and the Pennsylvania Municipalities Planning Code.
[Amended by Ord. 2110, 5/13/2013]
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).
[Amended by Ord. 2110, 5/13/2013]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall be
not fewer than seven days from the date of the hearing, unless specified
otherwise elsewhere in this chapter; except that in the case of amendments
to the Airport Districts, notice shall not be fewer than 14 days from
the date of said hearing.
See "street."
Any lot line that is not a front or side lot line and that,
if extended in either direction, would not cross the lot.
Any or all work needed to remake or rebuild all or a part
of any building to a sound condition, but not necessarily of original
materials.
A motor vehicle, or an enclosure designed to be attached
to a motor vehicle for transportation over public roads, used or designed
to be used for sleeping, or for cooking or other housekeeping activities,
when such motor vehicle or enclosure exceeds 18 feet in length and
five feet in height.
A planning agency that is comprised of representatives of
more than one county. Regional planning responsibilities shall include
providing technical assistance to the counties and municipalities,
mediating conflicts across county lines and reviewing county comprehensive
plans for consistency with one another.
[Added by Ord. 2110, 5/13/2013]
The process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historic, architectural and cultural values.
Persons who are related by blood, marriage, or adoption as
parent, child, brother, sister, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, nephew, niece, sister-in-law, brother-in-law,
father-in-law, mother-in-law, or first cousin, or who are related
by formal foster or guardianship relationship. This term shall not
include relationships such as second, third, or fourth cousins.
[Added by Ord. 2136, 5/11/2015]
Any method, process, or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy, and hydroelectric
energy, and excluding those sources of energy used in the fission
and fusion processes.
A structure containing separate storage spaces of varying
sizes leased on an individual basis.
One or more storage units for lease within a single building
that are accessed exclusively through a pedestrian doorway.
Any or all work involving the replacement of existing work
with equivalent material for the purpose of maintenance, but not including
any addition, change or modification in construction.
Any letter, review, memorandum, compilation, or similar writing
made by any body, board, officer, or consultant other than a solicitor
to any other body, board, officer, or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body, or agency, nor shall any appeal lie therefrom. Any report used,
received, or considered by the body, board, officer, or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
An establishment which rescues three or fewer dogs until
the dogs are ultimately transferred to a permanent home, and the caretaker
may be reimbursed for actual expenses related to the care and transportation
of the dogs.
[Added by Ord. 2142, 11/9/2015]
An establishment, licensed pursuant to 3 P.S. § 459-101
et seq., as amended, that utilizes rescue network kennel homes with
the goal of ultimately transferring the dog to a permanent owner or
keeper through any means of transfer.
[Added by Ord. 2142, 11/9/2015]
An establishment to which a rescue network kennel assigns
three or fewer dogs until the dogs are ultimately transferred to a
permanent home, and the caretaker may be reimbursed for actual expenses
related to the care and transportation of the dogs.
[Added by Ord. 2142, 11/9/2015]
An establishment engaged in investigation in the natural,
physical, or social sciences, but which may include engineering and
product development.
A place for residential occupancy.
Those activities conducted in living quarters in an urban
setting and excludes such activities as the keeping of livestock or
fowl, activities resulting in noise that constitutes a nuisance in
a residential area, and activities that involve the storage of motor
vehicle parts, machinery or parts, junk, or scrap metals.
A lot upon which food or beverages are cooked or prepared
and offered for sale and where consumption is permitted on the premises,
whether or not entertainment is offered, and includes establishments
known commonly as bars, taverns, grills, cafes, and night clubs.
A building or part of a building used to furnish food and
beverages to the public where customers place their orders at an inside
service counter and where food is served for consumption either at
eating areas within the building or taken out for consumption away
from the premises.
A fast-food restaurant which is designed for the serving
and pickup of food and beverages without leaving a motor vehicle,
for off-premises consumption.
A lot upon which food or beverages are cooked or prepared
and offered for sale and where consumption is permitted on the premises,
whether or not entertainment is offered, but does not serve any alcoholic
beverages.
Any or all work connected with returning to or restoring
a building or part of any building to its original condition through
the use of original or nearly original materials.
The surface of and space above and below any real property
in the Borough in which the federal government, commonwealth, or any
other municipality or municipal authority has a regulatory interest,
or interest as a trustee for the public, as such interests now and
hereafter exist, including, but not limited to, all streets, highways,
avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways,
or any other public place, area, or property under the control of
the federal government, commonwealth, or any other municipality or
municipal authority, and nonexclusive public or utility easements
established, dedicated, platted, improved, or devoted for utility
purposes. Private rights-of-way and other government-owned lands not
listed above shall not be considered a right-of-way. "In the right-of-way"
means in, on, over, along, above and/or under the right-of-way.
[Amended by Ord. 2165, 6/12/2017]
A space for residential occupancy that does not include complete
cooking and toilet facilities.
A building or structure or any part thereof where rooms or
sleeping accommodations are rented to individuals to be used principally
as a place of rest and sleep and for toilet and dressing, and does
not provide cooking facilities or allow or provide for the preparation
or provision of meals.
[Amended by Ord. 2136, 5/11/2015]
The size, or apparent size, of a building in relationship
to the size of a human being.
A public or private educational facility having grades K
through 12 (or any consecutive combination thereof), and meeting commonwealth
requirements, or providing undergraduate, graduate, or postgraduate
education, including community colleges, and being accredited. See
separate definition for trade schools.
Materials used to form a visual or partially-acoustical barrier.
The required distance between every structure and any lot
line on the lot on which it is located.
Any lot line that meets the end of a front lot line or other
lot line within 30° of being parallel to such a line, except a
front lot line.
The distance between the side lot line and the side building
line, extending from the established front setback to the established
rear yard.
The length of street, measured along the center line, that
is visible continuously from a point six inches above the pavement
and along the center line of the street.
See Sign Definitions, Section 702.
Any structure, except a mobile home, designed or used for
residential occupancy by one family. The following definitions are
also relevant to "single-family dwelling":
[Amended by Ord. 2136, 5/11/2015; by Ord. 2171, 1/8/2018;
and by Ord. No. 2209, 12/13/2021]
ATTACHED SINGLE-FAMILY DWELLINGA building consisting of not more than four units which are attached by common vertical walls with each unit having a separate or combined entrance or entrances. Each dwelling unit may be individually lotted or owned as a condominium. This dwelling shall include, but not be limited to, dwelling units commonly known as "townhouses," "row houses," "triplexes," "quadruplexes," and "multiplexes."
DETACHED SINGLE-FAMILY DWELLINGA building designed for and occupied exclusively as a residence for one family and not attached to any other building or dwelling unit.
SEMIDETACHED DWELLINGA building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly next to or over the other, or a combination thereof. This building type shall include, but not be limited to, twins and duplexes and twins.
DUPLEXA building located on one lot under common ownership containing two dwellings designed for and occupied by two families, with one dwelling located wholly or partly over the other, and each dwelling unit possessing an independent external access or accessed internally via a common hallway or stairwell.
TWINA building spanning two lots containing two dwellings designed for and occupied by two families, with each unit connected by a common vertical wall but possessing independent external access.
A plan accompanying, and being made part of, an application
for a zoning permit, variance, or special exception.
A place where gathers a communion of people joined by religion,
ethnicity, politics, employment, activity, or other interest, formed
for the preservation and advancement of a lawful interest, and enjoying
tax-exempt status granted by the Internal Revenue Service A social
club may contain eating and drinking facilities.
A site and complex of buildings and structures designed to
accommodate the temporary storage, transfer, processing, reduction,
recycling and/or conversion to energy of trash, garbage and other
solid wastes; however, this definition shall not apply to individual
solid waste structures of less than 2,000 cubic feet (outside measurement).
A solid waste storage unit that uses mechanical means to
compact, reduce, or otherwise process solid waste.
An unenclosed structure, other than a dumpster, of less than
74 cubic yards designed to accommodate the temporary storage of solid
waste prior to disposal.
[Amended by Ord. No. 2219, 11/14/2022]
A use permitted in a particular zoning district pursuant
to the provisions of this chapter.
An accessory building with four sides and a roof, not exceeding
100 square feet or eight feet in height, for the storage of lawn,
garden and swimming pool equipment or similar domestic items.
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways, whether public or private, used or intended to be used by vehicular traffic or pedestrians. Streets are further classified by function in Section A5 of the Pottstown Subdivision and Land Development Ordinance [Chapter 22]. A "principal street" is any street except a service street (alley). A "half street" is a street of less than required right-of-way width.
A line determining the limit of pedestrian or vehicular rights,
either existing or contemplated, of the public.
Those improvements located either within or just outside
the street right-of-way, including but not limited to sidewalks, street
furniture, lighting, trees and landscaping, paving and other hardscape,
and plazas.
[Added by Ord. No. 2201, 1/11/2021]
Any constructed, erected, or placed material or combination
of materials in or upon the ground or water, whether or not affixed
to land, including, but not by way of limitation, buildings, mobile
homes, radio towers, sheds, signs, storage bins, tents and pools.
(See Airport Zoning for special definition as regards to living plants.)
[Amended by Ord. 2110, 5/13/2013]
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, partition by the court
for distribution to heirs or devisees, transfer of ownership, or building
or lot development; provided, however, the subdivision by lease of
land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The Pottstown Subdivision and Land Development Ordinance [Chapter 22].
In the judgment of the Borough Engineer, at least 90% (based
on the cost of the required improvements for which financial security
was posted pursuant to the requirements of this chapter or any other
land use ordinance of the Borough or the Pennsylvania Municipalities
Planning Code) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
[Amended by Ord. 2110, 5/13/2013]
A pool constructed or installed outside of a completely enclosed
building, capable of holding at least 24 inches of water, and which
otherwise meets one of the following definitions:
[Amended by Ord. No. 2196, 4/13/2020]
A pool constructed at ground level, regardless of its dimensions.
A pool constructed below ground level, regardless of its
dimensions.
A type of aboveground pool installed and designed to be removed
seasonally which is constructed or manufactured with nonmetallic,
molded polymeric, inflatable, or fabric walls.
A retail sales or wholesale establishment primarily engaged
in selling tobacco and/or tobacco products and/or vaping products.
A retail or wholesale establishment which holds itself out as a "tobacco
store," a "smoke shop," a "vape shop" or similar establishment, shall
also be considered a "tobacco store/smoke shop" for the purposes of
this chapter. Examples of vaping products referred to in this chapter
include, without limitation, vaporizers, vape pens, vapor products,
hookah pens, electronic cigarettes, e-cigarettes, e-cigs, e-pipes
and any other electronic nicotine delivery systems ("ENDS"). ENDS
shall be deemed noncombustible tobacco products. Tobacco products
as referred to in this chapter shall include, without limitation,
matches, lighters, hookahs, pipes, chewing tobacco, cigarette rolling
machines, ashtrays, pipe tools, pipe supplies and pipe accessories.
For the purposes of this chapter, cannabidiol products, also known
as "CBD" products, shall be excluded when counting the total merchandise
of such a retail sales or wholesale establishment.
[Added by Ord. No. 2226, 4/10/2023]
Operating water closet, sink, and shower or bathtub.
Vocational schools, karate schools, music schools or studios
(including, but not limited to, schools or studios providing voice
and/or instrument instruction), dance schools or studios, art schools
or studios, and other similar institutions.
A building or structure or any part thereof to provide housing
facilities for persons who need specialized housing, treatment, and/or
counseling to persons because of: a) chronic abuse of or addiction
to alcohol and/or controlled substances (as defined by Section 102
of the Controlled Substances Act, 21 U.S.C. § 802, as amended);
or b) a type of mental illness or other behavior that is criminal
or violent and can reasonably be expected to cause a person to be
a threat to the physical safety of others.
[Added by Ord. 2136, 5/11/2015]
A structure designed or used for residential occupancy by
two families.
[Amended by Ord. 2136, 5/11/2015]
An entity organized for the transmission and exchange of
telephone, television, radio telephone, gas, power, sewage, water,
and for similar activities, and governed by the Pennsylvania Public
Utility Commission.
A utility company building or structure and its equipment
used for the transmission and exchange of telephone, television, radio
telephone, gas, power, sewage, and water facilities; provided, however,
these shall not include offices, business facilities, storage of materials
or equipment, trucks, repair facilities, or the housing of employees
or any other person.
Relief granted pursuant to the Pottstown Zoning Ordinance
(Article A9) and the Pennsylvania Municipalities Planning Code (provisions
of Articles VI and IX).
[Amended by Ord. 2110, 5/13/2013]
A machine that dispenses merchandise for money.
[Added by Ord. 2085, 9/12/2011]
An establishment providing medical care, treatment, grooming,
or boarding services for animals.
A building used primarily for the storage of goods and materials,
not involving ordinary on-site storage connected with retail activities.
A facility or entity that acquires large quantities of goods
from manufacturers or vendors, and resells such goods principally
to retailers or supply companies, rather than directly to the consumer
or end-user of such products. However, such uses may include incidental
retail sale.
[Added by Ord. No. 2183, 4/8/2019]
Any telecommunications transmission equipment supported or
affixed to a wireless support structure, including, but not limited
to, distributed antenna systems facilities.
[Added by Ord. 2165, 6/12/2017]
Any set structure, such as a guyed or self-supporting monopole,
wireless tower, electrical transmission tower, water tower, or other
support structure, including, but not limited to, buildings, light
poles, utility poles, traffic signals, and other similar structures
that could support the placement or installation of wireless communications
facilities if approved by the Borough.
[Added by Ord. 2165, 6/12/2017]
Any freestanding structure that exceeds 10 feet in height
and is built for the sole or primary purpose of supporting any Federal
Communications Commission-licensed or authorized antennas and their
associated facilities, including structures that are constructed for
wireless communications service, including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless
services (i.e., wifi) and fixed wireless services (i.e., point-to-point
microwave transmission), such as microwave backhaul, and the associated
site. A building, water tower, electrical transmission tower, utility
pole, light pole, traffic signal pole, flagpole, or other similar
structure designed and constructed for a sole or primary purpose other
than supporting any Federal Communications Commission-licensed or
authorized antennas and their associated facilities shall not be considered
a wireless tower.
[Added by Ord. 2165, 6/12/2017]
The area between any lot line and the setback required therefrom.
The sale or offering for sale of new, used or secondhand
items of personal property on any residentially used property, which
are also known as and shall include "garage sale," "porch sale," "lawn
sale," "rummage sale," "flea market sale," or other similar casual
sale of tangible personal property.
[Added by Ord. 2085, 9/12/2011]
The Zoning Administrator of the Borough of Pottstown; the
person authorized pursuant the Pennsylvania Municipalities Code to
enforce this chapter.
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 the uses permitted and all other requirements under
this chapter for the zone in which the use is located or is to be
located. When the word "permit" occurs alone, it shall be taken to
mean a zoning permit unless the context dictates clearly otherwise.
[1]
Editor’s Note: The definitions of “antenna height”
and “antenna support structure,” which immediately followed
this definition, were repealed 6/12/2017 by Ord. 2165.
[2]
Editor’s Note: The definition of “cell site,”
which immediately followed this definition, was repealed 6/12/2017
by Ord. 2165.
[3]
Editor’s Note: The former definition of "convenience
store," which immediately followed this definition, was repealed by
Ord. 2154, 9/12/2016. See now the definitions of "convenience store
with gasoline dispensing center" and "neighborhood convenience store."
[4]
Editor's Note: The former category description "dwelling types,"
which immediately followed this definition, was repealed by Ord. 2136,
5/11/2015. The definitions formerly contained in that category, as
amended, now appear in the appropriate alphabetical sequence throughout
this section, except for the former definition of "convalescent home,"
which was repealed by Ord. 2136.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
