[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.
- ADULT DAY CARE CENTER
- 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 USE
- Adult entertainment uses include any of the following as defined below:
- A. 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.
- B. 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.
- ADULT ENTERTAINMENT
- 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 minimotion-picture theaters and peep shows, adult motels and sexual encounter centers as part of its definition for adult entertainment.
- The appearance of the specified anatomical area without any covering on the body area.
- SEMI NUDITY
- State of dress in which clothing partially or transparently covers the specified anatomical areas.
- SPECIFIED ANATOMICAL 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:
- AIRPORT DISTRICT DEFINITIONS
- See Appendix A3, Section A342.5, located at the end of this Chapter.
- AIRPORT USE
- 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 reserved for either pedestrian or vehicular access.
- As applied to a building or structure, means a change 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.
- ALTERATION – HISTORIC DISTRICT
- 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.
- ANTENNA HEIGHT
- The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
- ANTENNA SUPPORT STRUCTURE
- Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
- A suite of rooms in a building containing at least two other such dwellings, each intended to be used as an independent housekeeping unit for one family, with separate cooking, food storage, bathing, and toilet facilities and with access directly or by common hallway and/or stairs to the outside. No apartment or condominium shall be less than 800 square feet.
- A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.
- APPLICATION FOR DEVELOPMENT
- 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.
- AUTOMOTIVE REPAIR STATION
- 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, painting or undercoating of automobiles. The definition does not include the display of motor vehicles for sale.
- AUTOMOBILE SERVICE STATION
- 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 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 care giver which takes place at the home of the care giver, 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 care giver which takes place at the home of the care giver.
- BANK OR FINANCIAL INSTITUTION
- An institution for lending, borrowing, exchanging, issuing, and safeguarding money: an office or building used for such purposes.
- BASE FLOOD ELEVATION
- The one-hundred-year flood elevation.
- BED-AND-BREAKFAST/TOURIST HOME
- 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]
- An area bounded by streets and alleys.
- The Zoning Hearing Board of Pottstown.
- BOARDING HOME
- 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]
- BOARDING KENNEL
- 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.
- BOROUGH COUNCIL
- The governing body of Pottstown. It includes the term "Town Council."
- Borough of Pottstown, Montgomery County, Pennsylvania.
- BOROUGH ENGINEER
- 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 Part.
- BREEDING KENNEL
- 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.
- BUILDING PERMIT
- 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.
- BUILDING PERMIT APPLICATION
- 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.
SEMI DETACHED BUILDING — A building that has only one party wall, but not an end-of-row building.
- 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.
- CAR WASH
- A lot on which motor vehicles are washed or waxed, either by the patrons or by others, using machinery specially designed for the purpose.
- CELL SITE
- A tract or parcel of land that contains the cellular communications antenna, its support structure, accessory building(s) and parking, and may include other uses associated with and ancillary to cellular communications transmission.
- An area for the burial of the dead.
- CERTIFICATE OF APPROPRIATENESS
- 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.
- CERTIFIED LOCAL GOVERNMENT HISTORIC DISTRICT
- 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.
- CHILD CARE FACILITY
- Any dwelling, building or portion thereof 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:
- 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.
- CODE ENFORCEMENT OFFICER
- 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.
- COMMISSION or PLANNING COMMISSION
- The Borough of Pottstown Planning Commission, unless the context indicates clearly otherwise.
- COMMON OPEN SPACE
- 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:
- 1. 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.
- 2. Contain structural details that are similar to other buildings on the block, such as:Decorative shinglesCornices and fasciaLintels over windows and doorsShape, size, and placement of windowsThickness and placement of mullions in the sash of windowsShape and placement of porches and columns
- CONDITIONAL USE
- 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.
- CONTINUING CARE HOME
- 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.[Added by Ord. 2136, 5/11/2015]
- CONVENIENCE STORE WITH GASOLINE DISPENSING CENTER
- A neighborhood convenience store with at least one gasoline
dispensing pump.[Added by Ord. 2154, 9/12/2016]
- COOKING FACILITIES
- 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.
- COUNTY COMPREHENSIVE PLAN
- 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]
- CRIMINAL HOUSING FACILITY
- 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.
- DEVELOPMENT PLAN
- 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.
- DIRECT RETAIL STORE
- Any store or shop in which commodities are sold directly to the consuming public.
- DIRECT SERVICE STORE
- 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 to 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 house," "group home," or "rooming house."[Added by Ord. 2136, 5/11/2015]
- The flow of water or liquid waste and the methods of directing such flow, whether natural or artificial.
- DRIVE-THROUGH SERVICE WINDOW
- 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 unit with one or more rooms with living, cooking, eating,
sleeping, and sanitary facilities provided for the living purposes
of one family.[Amended by Ord. 2136, 5/11/2015]
- 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]
- FENCE or WALL
- 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.
- FLOOD DISTRICT DEFINITIONS
- 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.
- FLOOR AREA
- 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.
- FLOOR AREA RATIO
- 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%).
- FOOD PROCESSING PLANT
- 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.
- FRONT YARD
- 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.
- GARAGE, PRIVATE
- 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.
- GOLF COURSE
- 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.
- GROUP HOME
- 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.
- HEALTH AND FITNESS CENTER
- 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.
- HEALTH SERVICE PROVIDERS
- 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]
- HEAVY MANUFACTURING
- 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 from the highest point on a structure (or plant) excepting any chimney or antenna on a building, to the average ground level of the grade where the walls or other structure elements intersect the ground.
- HISTORIC ARCHITECTURAL REVIEW BOARD
- The Historic Architectural Review Board regulating properties in Pottstown's Certified Local Ordinance Historic Districts.
- HISTORIC NEIGHBORHOOD
- An area judged by the Pennsylvania Bureau for Historic Preservation as eligible for the National Register of Historic Places.
- HOME OCCUPATION, MAJOR
- 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 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]
- HOME OCCUPATION, NO-IMPACT
- 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 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 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]
- INSTITUTIONAL/CIVIC USE
- A nonprofit or public use, such as a library or government-owned
or -operated building, structure or land use 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.
- An establishment for the breeding and boarding of pets.
- LAND DEVELOPMENT
- Any of the following activities:[Amended by Ord. 2110, 5/13/2013]
- 1. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
- A. 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
- B. 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.
- 2. A subdivision of land.
- 3. 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.
- LAND USE ORDINANCE
- 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.
- LIGHT MANUFACTURING
- 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.
- LOADING SPACE
- 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.
- LOT AREA
- 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.
- LOT LINE
- A line marking a boundary of a lot.
- MEDIUM MANUFACTURING
- 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.
- MOBILE HOME
- 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.
- MOBILE HOME LOT
- 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]
- MOBILE HOME PARK
- 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.
- MULTIMUNICIPAL PLAN
- 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]
- MULTIMUNICIPAL PLANNING AGENCY
- 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]
- MUNICIPAL AUTHORITY
- 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]
- NEIGHBORHOOD AUTOMOBILE SERVICE STATION
- 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.
- NEIGHBORHOOD CONVENIENCE STORE
- A direct retail store selling for human consumption and/or
use any combination of food and/or beverages, prescription and/or
over-the-counter drugs, reading materials, household supplies, and/or
tobacco products, and having a floor area not exceeding 3,000 square
feet.[Added by Ord. 2154, 9/12/2016]
- NONCONFORMING LOT
- 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]
- NONCONFORMING STRUCTURE
- 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.
- NONCONFORMING USE
- 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.
- NONPROFIT RECREATIONAL USE
- 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.
- OFFICIAL MAP
- A map adopted by ordinance pursuant to the Pennsylvania Municipalities
Planning Code, Article IV.[Added by Ord. 2110, 5/13/2013]
- OPEN-AIR MARKET
- 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]
- OPEN SPACE
- 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.
- ONE-HUNDRED-YEAR FLOOD
- 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.
- OUTDOOR AUCTION/FLEA MARKET
- 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.
- 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:
The Gateway District adds conditions and regulations to the following districts:
Gateway East and Gateway West
- 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.
- PARKING GARAGE
- A building used for the storage of motor vehicles.
- PARKING LOT
- An open space other than a public or private street used for the parking of automobiles.
- PARKING SPACE
- An off-street space available for the parking of a motor vehicle exclusive of passageways and driveways appurtenant thereto and giving access thereto.
- An individual, copartner, or corporation or having the legal standing of any.
- PERSONAL CARE HOME
- 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]
- PLANNING COMMISSION
- The Pottstown Planning Commission unless specified otherwise.
- The map or plan of a subdivision or land development, whether preliminary or final.
- PRESCHOOL AND DAY-CARE FACILITIES
- A commonwealth-licensed institution for the care of children of prekindergarten age.
- PRESERVATION or PROTECTION
- 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.
- PROFESSIONAL CONSULTANTS
- 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.
- PUBLIC GROUNDS
- Includes:[Amended by Ord. 2110, 5/13/2013]
- PUBLIC HEARING
- 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]
- PUBLIC MEETING
- 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]
- PUBLIC NOTICE
- 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.
- PUBLIC STREET
- See "street."
- REAR LOT LINE
- 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.
- RECREATIONAL VEHICLE
- 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.
- REGIONAL PLANNING AGENCY
- 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]
- RENEWABLE ENERGY SOURCE
- 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.
- RENTAL STORAGE
- A structure containing separate storage spaces of varying sizes leased on an individual basis.
- RENTAL STORAGE, SMALL-SCALE INTERIOR
- 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.
- RESCUE BOARDING KENNEL HOME
- 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]
- RESCUE NETWORK KENNEL
- 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]
- RESCUE NETWORK KENNEL HOME
- 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]
- RESEARCH AND DEVELOPMENT LABORATORY
- 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.
- 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.
- RESTAURANT, FAST FOOD
- 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.
- RESTAURANT, FAST FOOD WITH DRIVE-THROUGH SERVICE
- 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.
- RESTAURANT, NONALCOHOLIC
- 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 the returning to or restoring a building or part of any building to its original condition through the use of original or nearly original materials.
- Land set aside for public use or ownership as a street, crosswalk, drainage way, utility course, or other similar facility.
- A space for residential occupancy that does not include complete cooking and toilet facilities.
- ROOMING HOUSE
- 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.
- SIDE LOT LINE
- 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.
- SIDE YARD
- The distance between the side lot line and the side building line, extending from the established front setback to the established rear yard.
- SIGHT DISTANCE
- 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.
- SINGLE-FAMILY DWELLING
- A structure, except a mobile home, designed or used for residential
occupancy by one family.[Amended by Ord. 2136, 5/11/2015]
- SITE PLAN
- A plan accompanying, and being made part of, an application for a zoning permit, variance, or special exception.
- SOCIAL CLUB
- 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.
- SOLID WASTE FACILITY
- 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).
- SOLID WASTE MECHANICAL PROCESSING UNIT
- A solid waste storage unit that uses mechanical means to compact, reduce, or otherwise process solid waste.
- SOLID WASTE STORAGE UNIT
- A structure of less than 2,000 cubic feet (outside measurement) designed to accommodate the temporary storage of solid waste Any such structure located within a building or other completely enclosed structure shall not be included in this definition or governed by regulations applying thereto. Individual waste containers, alone or in combination, comprising less than 165 gallons of capacity shall be considered accessory uses and shall not be included in this definition.
- SPECIAL EXCEPTION
- A use permitted in a particular zoning district pursuant to the provisions of this chapter.
- STORAGE SHED
- 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.
- STREET LINE
- A line determining the limit of pedestrian or vehicular rights, either existing or contemplated, of the public.
- 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.
- SUBSTANTIALLY COMPLETED
- 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]
- SWIMMING POOL
- Any permanent pool not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point of 1 1/2 feet.
- TOILET FACILITY
- Operating water closet, sink, and shower or bathtub.
- TRADE SCHOOL
- Vocational school, 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.
- TREATMENT CENTER
- 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]
- TWO-FAMILY DWELLING
- A structure designed or used for residential occupancy by
two families.[Amended by Ord. 2136, 5/11/2015]
- UTILITY COMPANY
- 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.
- UTILITY COMPANY OPERATIONAL FACILITY
- 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]
- VENDING MACHINE
- A machine that dispenses merchandise for money.[Added by Ord. 2085, 9/12/2011]
- VETERINARY OFFICE AND KENNEL
- 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.
- The area between any lot line and the setback required therefrom.
- YARD SALE
- 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]
- ZONING OFFICER
- The Zoning Administrator of the Borough of Pottstown; the person authorized pursuant the Pennsylvania Municipalities Code to enforce this chapter.
- ZONING PERMIT
- 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.
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."
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.
Editor's Note: See 53 P.S. § 10101 et seq.
Editor's Note: See 53 P.S. § 10101 et seq.