[Ord. 1968, 9/8/2003, § 1400; as amended by Ord. 1985, 10/12/2004, § 4]
ACCESSORY
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:
1. 
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:
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 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.
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.
ALLEY
A public right-of-way, created by deed or by ordinance, that is reserved for either pedestrian or vehicular access.
ALTERATION
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.
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.[1]
APARTMENT BUILDING/CONDOMINIUM
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]
APPLICANT
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.
AUTHORITY
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, or 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 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.
BABYSITTING
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.
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]
BIOCHAR
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]
BIOFUEL
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]
BIOFUEL STORAGE TANK (OUTDOOR, ABOVEGROUND)
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]
BIOMASS
Organic material which comes from plants and animals used for energy production.
[Added by Ord. No. 2197, 6/8/2020]
BLOCK
An area bounded by streets and alleys.
BOARD
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]
BOAT
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
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 chapter.
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]
BUILDING
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.
BUILDING TYPES
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.
BUILD-TO LINE
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]
BUSINESS
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.
CARPORT
A shelter for one or more vehicles that is not enclosed fully by walls and one or more doors.
CARTWAY
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.[2]
CELLULOSE
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]
CELLULOSE-BASED SOLID WASTE
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]
CELLULOSE-BASED SOLID WASTE ("CSW") GASIFICATION FACILITY
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]
CEMETERY
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.
CHECK-CASHING ESTABLISHMENT
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]
CHILD-CARE FACILITY
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:
1. 
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."
2. 
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.
3. 
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.
CHURCH
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.
COMMONWEALTH
The Commonwealth of Pennsylvania.
COMPATIBLE
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 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
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]
CONSTRUCTION
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.[3]
[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.
COUNCIL
The Borough Council of Pottstown
COUNTY
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]
CROSSWALK
A right-of-way for pedestrian travel across or within a block.
CUL-DE-SAC
A street intersecting another street at one end and terminating at the other end in a paved vehicular turnaround.
DECISION
A final adjudication by Borough Council or the Pottstown Zoning Hearing Board. Appeals from decisions go directly to the Court of Common Pleas.
DEMOLITION
The dismantling or tearing down of all or part of any building.
DETERMINATION
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.
DEVELOPER
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.
DORMITORY
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]
DRAINAGE
The flow of water or liquid waste and the methods of directing such flow, whether natural or artificial.
DRIVE-THROUGH FACILITY
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]
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.
DUMPSTER
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]
1. 
DUMPSTER (ROUTINE COLLECTION)A dumpster placed on a property for the purpose of routine waste collection and disposal.
2. 
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.
DWELLING
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]
EASEMENT
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.
ENGINEER
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]
FAMILY
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]
FEEDSTOCK
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]
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.
FIREHOUSE
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.
FLOODPROOFING
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.
FORTUNE-TELLING ESTABLISHMENT
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]
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.
GASIFICATION
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]
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.
GREENHOUSE
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]
HARB
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.
HEIGHT
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]
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 MEDICAL SUPPLIES RETAIL STORE
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]
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[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]
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[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]
HOOKAH
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]
HOOKAH BAR
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]
HOSPITAL
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]
HOTEL/MOTEL
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]
IMPERVIOUS SURFACE OR COVERAGE
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]
INSTITUTIONAL/CIVIC USE
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]
JUNKYARD
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.
KEIM STREET GATEWAY PLAN (the PLAN)
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]
KENNEL
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).
LANDOWNER
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.
LAUNDROMAT
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. For purposes of the BO District, "light manufacturing" shall mean:
[Amended by Ord. No. 2205, 9/13/2021]
1. 
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.
2. 
Manufacture of boxes, containers, bags and other packaging products from previously prepared materials, but specifically excluding the manufacture of paper from pulp.
3. 
Manufacture, assembly and packaging of jewelry, watches, clocks, optical goods and professional and scientific instruments.
4. 
Manufacture, compounding, processing, packaging, or treatment of bakery goods, confections, candy and dairy products.
5. 
Printing, publishing, lithographing, binding and similar processes.
6. 
Scientific research laboratory or other experimental testing establishment.
LOADING SPACE
An off-street space available for the loading or unloading of goods and having direct access to a street or alley.
LOT
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.
MANAGED MEADOW
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]
MASSAGE THERAPY
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]
MASSAGE THERAPY CENTER
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]
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."
MUNICIPALITY
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 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]
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.
NORFOLK SOUTHERN (NS) RAIL BOUNDARY
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]
1. 
NORTH GATEWAYLots north of the NS rail boundary legally existing upon adoption of this Overlay.
2. 
SOUTH GATEWAYLots south of the NS rail boundary legally existing upon adoption of this Overlay.
OFFICE
1. 
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.
2. 
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.
3. 
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.
4. 
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.
5. 
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.
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.
OUTDOOR DINING AREA
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]
OUTDOOR STORAGE
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]
OVERLAY
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
OWNER
Any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided or developed under this chapter.
PARK
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.
PAWNSHOP
An establishment that is engaged to any extent in any of the following business or activities:
[Added by Ord. No. 2183, 4/8/2019]
1. 
The lending of money on the deposit or pledge of personal property, other than choses in action, securities or written evidence of indebtedness;
2. 
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;
3. 
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
4. 
The lending of money upon personal property, goods, wares, or merchandise pledged, stored or deposited as collateral security.
PAYDAY LENDER
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]
PERSON
An individual, copartner, or corporation or having the legal standing of any.
PERSONAL CARE BUSINESS USES
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]
1. 
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.
2. 
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.
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.
PLAT
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]
PROFESSION
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]
PUBLIC
A municipality or a municipal authority, unless clearly the context dictates otherwise.
PUBLIC GROUNDS
Includes:
[Amended by Ord. 2110, 5/13/2013]
1. 
Parks, playgrounds, trails, paths, and other recreational areas and other public areas;
2. 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
3. 
Publicly owned or operated scenic and historic sites.
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.
RECONSTRUCTION
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]
REHABILITATION
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.
RELATED
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.
REPAIRS
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.
REPORT
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.
RESIDENCE
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.
RESTAURANT
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.
RESTORATION
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.
RIGHT-OF-WAY
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]
ROOM
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]
SCALE
The size, or apparent size, of a building in relationship to the size of a human being.
SCHOOL
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.
SCREENING
Materials used to form a visual or partially-acoustical barrier.
SETBACK
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.
SIGN
See Sign Definitions, Section 702.
SINGLE-FAMILY DWELLING
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]
1. 
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."
2. 
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.
3. 
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.
A. 
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.
B. 
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.
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
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]
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.
STREET
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.
STREETSCAPING
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]
STRUCTURE
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]
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, 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.
SUBDIVISION ORDINANCE
The Pottstown Subdivision and Land Development Ordinance [Chapter 22].
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
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]
SWIMMING POOL, ABOVEGROUND
A pool constructed at ground level, regardless of its dimensions.
SWIMMING POOL, IN-GROUND
A pool constructed below ground level, regardless of its dimensions.
SWIMMING POOL, STORABLE
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.
TOBACCO STORE/SMOKE SHOP
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]
TOILET FACILITY
Operating water closet, sink, and shower or bathtub.
TRADE SCHOOL
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.
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.
VARIANCE
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.
WAREHOUSE
A building used primarily for the storage of goods and materials, not involving ordinary on-site storage connected with retail activities.
WHOLESALE FACILITY
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]
WIRELESS COMMUNICATIONS FACILITY
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]
WIRELESS SUPPORT STRUCTURE
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]
WIRELESS TOWER
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]
YARD
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.
[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.