[Ord. 1964, 5/12/2003, § 1200; as amended by Ord.
1985, 10/12/2004, § 4; and by Ord. 2042, 8/13/2007]
Both subordinate and incidental to a principal use or structure.
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 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:
| |||
|
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.
| ||
Includes any of the following, as defined below:
ADULT BOOKSTOREAny commercial establishment which, as one of it principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed mater, or photographs,
films, motion pictures, video cassettes or video productions, slides
or other visual representations which depict or describe specific
sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
|
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is offering for sale or rental for consideration the specified material
which depicts or describes specified sexual activities or specified
anatomical areas.
|
See pages 22-A15 through 22-A17.[1]
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, other than a street, ordained and
accepted by the Borough Council for both pedestrian and vehicular
access.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or enlargement whether by extension of a side or by increasing in
height or moving from one location or position to another.[2]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the Municipalities Authorities
Act of 1945.
A place where the following services may be carried out:
general repair, engine rebuilding, rebuilding or reconditioning of
motor vehicles, collision service, such as body frame or fender straightening
or repair, or painting or undercoating of automobiles. The definition
does not include the display of motor vehicles for sale.
A place where gasoline or any other automobile engine fuel
(stored only in underground tanks), kerosene or motor oil and lubricants
or grease (for operation of an automobile) are retailed directly to
the public on premises, including sale of minor accessories and service
for automobiles. An automobile service station may include a convenience
store not to exceed 3,000 square feet. The definition does not include
the display of motor vehicles for sale.
The temporary or occasional care of any number of children
not related to the caregiver which takes place at the home of the
caregiver, the temporary or occasional care of any number of children
at a dwelling unit customarily and regularly occupied by the children
as their residence or the regular care of one, two, or three children
not related to the caregiver which takes place at the home of the
caregiver.
An institution for lending borrowing, exchanging, issuing
and safeguarding money; an office or building used for such purposes.
The one-hundred-year flood elevation.
An area bounded by streets and alleys.
The Zoning Hearing Board of Pottstown.
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 of Pottstown, Montgomery County, Pennsylvania.
The governing body of Pottstown. It includes the term "Town
Council."
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 futherance of the provisions of this chapter.
Any structure having a roof or other covering and designed
or used for shelter or enclosure of any person, animal or property
of any kind.
|
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.
|
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit. It means, further,
the occupancy or use of a building or premises or any portion thereof
for the transaction of business or the rendering or receiving of professional
services, excluding any direct retail store use and/or direct service
store use.
A shelter for one or more vehicles that is not enclosed fully
by walls and one or more doors.
That portion of a right-of-way set aside for vehicular traffic.
A lot on which motor vehicles are washed or waxed, either
by the patrons or by others, using machinery specially designed for
the purpose.[3]
An area of no less than one acre for the burial of the dead.
Any dwelling, building or portion thereof in which child
day-care services are provided, including any on-site outdoor play
area. Child day-care facilities shall be further differentiated by
the following three classifications:
FAMILY DAY-CARE HOMEAny premises or dwelling unit other than the child's own home where the child-care areas are being used as a family residence, operated for profit or not for profit, in which child day-care is provided at any one time or on a regular basis for four, five or six children who are not relatives of the caregiver. Day service for children in this type of facility is different from "babysitting."
GROUP DAY CARE HOMEA facility in which care is provided for more than six, but fewer than 12 children, at any one time, where the child care areas are being used as a family residence.
DAY CARE CENTERA facility which is licensed to provide care for seven or more children, at any one time, where the child care areas are not being used as a family residence.
A building wherein persons assemble regularly for religious
worship and that is used only for such purposes and for those accessory
activities as are customarily associated therewith.
The Borough of Pottstown Planning Commission, unless the
context indicates clearly otherwise.
A parcel of land or parcels of land or an area of water,
or a combination of land and water, within a development site and
designed and intended for use or enjoyment by residents of a development,
not including streets, off-street parking areas, and areas set aside
for public facilities.
The Commonwealth of Pennsylvania.
When used to describe the relationship among buildings in
a Conservation District, "compatible" means having characteristics
that are similar to the majority of existing historic buildings on
the block. These characteristics include, but are not limited to:
Constructed of the same original materials, such as wood, brick,
or stucco, as existing buildings on the block, or constructed of materials
that are very similar in appearance to the original materials, such
as dark gray asphalt shingles to replace slate shingles, cut to the
same size and shape.
Contain structural details that are similar to other buildings
on the block, such as:
|
Decorative shingles
| |
|
Cornices and fascia
| |
|
Lintels over windows and doors
| |
|
Shape, size, and placement of windows
| |
|
Thickness and placement of mullion in the sash of windows
| |
|
Shape and placement of porches and columns
|
A use permitted in a particular zoning district pursuant
to the provisions in Section 400 and Article VI of the Pennsylvania
Municipalities Planning Code.
[Added by Ord. 2110, 5/13/2013]
A retail store selling a variety of food, beverages, drugs,
reading material or household supplies, and having a floor area not
exceeding 3,000 square feet.
An operable gas or electric line for a stove, storage space
for foodstuffs and related material, and an operating sink (having
a bowl no smaller than 300 square inches in area and one foot in depth)
and drainboard.
The Borough Council of Pottstown.
The County of Montgomery.
A land use and growth management plan prepared by the County
Planning Commission and adopted by the County Commissioners which
establishes broad goals and criteria for municipalities to use in
preparation of their comprehensive plan and land use regulations.
[Added by Ord. 2110, 5/13/2013]
a 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 the Borough Council or the Pottstown
Zoning Hearing Board. Appeals from decisions go directly to the Court
of Common Pleas.
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 the Borough Council or the Pottstown Zoning Hearing
Board, as the case may be.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, a plat of subdivision, all
covenants relating to use, location, and bulk of buildings and other
structures, intensity of use or density of development, streets, ways,
and parking facilities, common open space, and public facilities.
The phrase "the provisions of the development plan," when used in
this chapter, shall mean the written and graphic materials referred
to in this chapter.
Any store or shop in which commodities are sold directly
to the consuming public.
Any establishment primarily engaged in selling services,
as opposed to products, to the general public or businesses. Direct
service stores include tailors, dressmakers, dry cleaners, barbers,
beauty salons, copy centers, photography studios and shops for the
repair of clothing, shoes or household items.
The flow of water or liquid waste and the methods of directing
such flow, whether natural or artificial.
A customer service window located in a principal structure
as an accessory to an office or retail establishment that is intended
to enable customers to transact business with an employee inside the
building without leaving their motor vehicles. It is presumed the
motor vehicle will exit the premises immediately after the transaction
of business.
A trash receptacle designed to be hoisted and emptied into
a truck and capable of temporarily holding 165 gallons (or 0.81 cubic
yards) to 1,616 gallons (or eight cubic yards) of waste generated
on a property, including, but not limited to, regular household waste,
garbage, perishables and similar waste.
[Added by Ord. No. 2219, 11/14/2022]
DUMPSTER (ROUTINE COLLECTION)A dumpster placed on a property for the purpose of routine waste collection and disposal.
DUMPSTER (SPECIAL PURPOSE)A dumpster placed on for a limited time for a special temporary purpose such as collection of demolition waste, construction waste, items discarded while moving, clean outs, fire and/or flood restoration or other similar purpose.
A unit of one or more rooms with cooking and sanitary facilities
provided for the living purposes of one family.
|
APARTMENT/CONDOMINIUM — 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 feet.
| |||
|
BOARDING HOME — A building for residential occupancy within
which are provided shelter and meals to more than two, but fewer than
seven, 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. It does not include group homes.[4]
| |||
|
GROUP HOME — A place for residential occupancy by fewer
than seven individuals (including live-in counselors) who are given
social, physical, or mental support and/or training by an organization
so licensed or chartered, the board the majority of which shall be
residents of Montgomery County.
| |||
|
HOTEL/MOTEL — A structure designed, used, or offered for
residential occupancy for any period less than one month, including
tourist homes and motels, but not including hospitals or convalescent,
boarding, group, or rooming houses or homes.
| |||
|
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 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.
| |||
|
ROOM — A space for residential occupancy that does not
include complete cooking and toilet facilities.
| |||
|
ROOMING HOUSE — A dwelling where bedrooms or sleeping
accommodations are let to more than two individuals, used principally
as a place of rest and sleep and for toilet and dressing and not for
the preparation or provision of meals.
| |||
|
SINGLE-FAMILY DWELLING — A structure, except a mobile
home, designed or used for residential occupancy by one family.
| |||
|
1.
|
ATTACHED SINGLE-FAMILY DWELLING — A dwelling unit having
its own independent outside access, with no other dwelling units located
directly and totally above or below it, and having party walls in
common with at least one, but not more than three, adjacent similar
dwelling units and located in a building comprised of at least three
dwelling units. 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 DWELLING — A dwelling designed
for and occupied exclusively as a residence for one family and not
attached to any other building or dwelling unit.
| ||
|
3.
|
SEMIDETACHED SINGLE-FAMILY DWELLING — A residential building
containing two dwelling units and which is not attached to any other
building.
| ||
|
4.
|
TOURIST HOME/BED-AND-BREAKFAST — A building for residential
occupancy for the traveling public within which are provided shelter
and meals to more than two, but fewer than seven, persons for compensation,
not necessarily by prearrangement, for short indefinite periods, and
in which no provision is made for cooking in any room other than a
common kitchen. A "bed-and-breakfast" motel is another name for a
tourist home.
| ||
|
5.
|
TWO-FAMILY DWELLING — A structure designed or used for
residential occupancy by two families.
| ||
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]
One person, or a group of two or more persons living together
and interrelated by blood, marriage, or legal adoption or guardianship,
or a group of not more than four persons who need not be so related,
occupying a dwelling unit as a separate housekeeping unit in a manner
characteristic of a biological nuclear or extended family.
A structure that permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and a property.
A building housing firefighting vehicles and equipment. A
firehouse may contain sleeping, cooking, and toilet facilities for
on-duty firefighters and may contain social quarters for firefighters
and their guests.
See pages 22-A11 through 22-A15.[5]
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures, that reduce
or eliminate flood damage to lands, water and sanitary facilities,
structures, and contents of buildings.
Total gross area of all floors as measured to the outside
surfaces of exterior walls, excluding crawl spaces, garages, carports,
breezeways, attics without floors, and open porches, balconies, and
terraces.
The building area divided by the lot size. (For example,
a building with a total floor area of 40,000 square feet on a 100,000
square foot lot has a floor area ratio of 0.4 or 40%).
A manufacturing plant designed to process food products for
sale, excluding the slaughtering of animals, and which processing
may include the cooking, baking, and packaging of such products.
The area between the front lot line (a line dividing a lot
from any public street) and the setback required therefrom, with the
exception of corner lots used for residential purposes.
An accessory building or part of a principal building used
for the storage of motor vehicles or equipment, or as an artist's
studio or a workshop, all materials to be owned and used exclusively
by the owner or tenant of the premises. No business connected directly
or indirectly with motor vehicles is permitted.
A 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.
A building, or part thereof, providing facilities and programs
designed to improve the physical well being of the patrons thereof.
Such facilities include, not by way of limitation, spas, tennis or
racquet clubs, swimming pools, basketball courts, gymnastic and calisthenics
facilities, and weight-training facilities.
Establishments primarily engaged in furnishing medical, rehabilitative
and therapeutic services to individuals from technicians, therapists
and other health-care practitioners, including medical, dental, laboratories,
outpatient facilities, blood banks, and oxygen and miscellaneous types
of medical supplies and services, which shall not include professional
offices or client-based social service providers.
[Added by Ord. 2085, 9/12/2011]
The production or processing of materials by the employment
of large machines, cranes, furnaces, presses, and the like. Such activity
is likely to produce noise, odors, or other emissions detectable by
a person having normal senses, when experienced from off the premises.
The vertical distance 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.
An area judged by the Pennsylvania Bureau for Historic Preservation
as eligible for the National Register of Historic Places.
Any activity, occupation or use which is professional in
nature and clearly customary, incidental and accessory to the use
of the premises as a dwelling unit, which does not alter the exterior
of the property or affect the residential character of the neighborhood.
The operation of a clinic, hospital, restaurant, motel, hotel, animal
hospital, mortuary or any similar use shall not be deemed a home occupation.
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.
Any of the following activities:
[Amended by Ord. 2110, 5/13/2013]
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Development in accordance with the Pennsylvania Municipalities
Planning Code § 503(1.1).
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
Any ordinance or map adopted pursuant to the authority granted
in Articles IV, V, VI, and VII of the Pennsylvania Municipalities
Planning Code.
Aplace where patrons wash, dry, or dry-clean clothing and
other fabrics in machines operated by the patrons.
The production or processing of materials by the employment
of small machines, soldering irons, stamping machines, kilns, aluminum
bending devices, and the like. Such activity is not likely to produce
noises, odors, or other emissions detectable by a person having normal
senses, when experienced from off the premises.
An off-street space available for the loading or unloading
of goods and having direct access to a street or alley.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
The area of land within the boundary of a lot, excluding
any part under water, excluding easements, and excluding the area
of land bounded by any front lot lines, the center line of the street
on which it fronts and the side lot lines intersecting the front lot
line at its ends extended to the center line of the street.
A line marking a boundary of a lot.
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.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit, capable of again being separated
for repeated towing, that arrives at a site complete and ready for
occupancy, except for minor and incidental unpacking and assembly
operation, and constructed so that it may be used without a permanent
foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
[Added by Ord. 2110, 5/13/2013]
A parcel or contiguous parcels of land that has been so designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
A plan developed and adopted by any number of contiguous
municipalities, including a joint municipal planning commission in
accordance with Article XI of the Pennsylvania Municipalities Planning
Code, or otherwise by resolution of the participating municipalities,
to address, on behalf of the participating municipalities, multimunicipal
issues, including but not limited to agricultural and open space preservation,
natural and historic resources, transportation, housing and economic
development.
[Added by Ord. 2110, 5/13/2013]
A planning agency comprised of representatives of more than
one municipality and constituted as a joint municipal planning commission
in accordance with Article XI of the Municipalities Planning Code,
or otherwise by resolution of the participating municipalities, to
address, on behalf of the participating municipalities, multimunicipal
issues, including but not limited to agricultural and open space preservation,
natural and historic resources, transportation, housing and economic
development.
[Added by Ord. 2110, 5/13/2013]
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
Any city of the Second Class A or third class, borough, incorporated
town, township of the first or second class, county of the second
class through eighth class, home rule municipality, or any similar
general-purpose unit of government which shall hereafter be created
by the General Assembly.
[Added by Ord. 2110, 5/13/2013]
A place where gasoline or any other automobile engine fuel
(stored only in underground tanks), kerosene or motor oil and lubricants
or grease (for operation of an automobile), are retailed directly
to the public on the premises, including sale of minor accessories
and service for automobiles. Accessory uses are limited to lubrication,
changing oil and filters, changing and repairing tires and tubes,
engine tune-ups, hand washing and polishing without automatic equipment,
and replacing of light bulbs, windshield wiper blades and other small
parts. They do not include steam cleaning, body repairs, painting,
or transmission, chassis, or engine repairs.
A business or commercial activity permitted in all zoning
districts, which is administered or conducted as an accessory use,
which is clearly secondary to the use as a residential dwelling, and
which involves no customer, client or patient traffic, whether vehicular
or pedestrian, pickup, delivery or removal functions to or from the
premises, in excess of those normally associated with residential
use.
[Added by Ord. 2110, 5/13/2013]
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reason of such adoption or amendment.
[Added by Ord. 2110, 5/13/2013]
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully exited prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, that does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A playground, gymnasium, natatorium, park, or similar use
made available to the public by a government agency or by a private
organization enjoying tax-exempt status by the Internal Revenue Service.
BUSINESS OFFICEA building or portion of a building where the sale of nontangible goods or real estate is sold to the general public. Business offices include real estate, insurance, securities and travel offices.
GENERAL OFFICEA building or portion of a building where administrative or clerical services are conducted or where duties not involving the sale of services are performed. General offices include administrative offices for industry, employment offices and other similar offices, not including municipal or governmental offices or client-based social service providers.
CLIENT-BASED SOCIAL SERVICE PROVIDERA type of general office consisting of a facility that provides on-site assistance to persons with limited ability for self-care. This term includes a facility that provides assistance for psychological, psychiatric, and/or medical problems, employment, welfare and other similar forms of assistance.
PROFESSIONAL OFFICEA building or portion of a building where a member of a recognized profession sells services to the general public. Professional offices include doctor, lawyer, engineer, accountant offices and other similar offices.
MUNICIPAL OR GOVERNMENT OFFICEA building or portion of a building occupied by a governmental entity which shall include offices for the Borough, the county, the state and/or for the federal government, excluding client-based social service providers.
A map adopted by ordinance pursuant to the Pennsylvania Municipalities
Planning Code, Article IV.
[Added by Ord. 2110, 5/13/2013]
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.
An outdoor market for the retail sale of new or used merchandise,
produce or other farm products, whether operated by a single vendor
or composed of stalls, stands or spaces rented or otherwise provided
to vendors. The term does not include the outside display of merchandise
as an incidental part of retail activities regularly conducted from
a permanent building on sidewalks or other areas immediately adjacent
to, and upon the same lot as, such building. The term also does not
include merchandise sold at festivals or other special events, temporary
in duration, at which the display and sale of merchandise is incidental
to the primary cultural, informational or recreational activities
of such festival or special event.
[Added by Ord. 2110, 5/13/2013]
That portion of a lot that is natural or landscaped and free
of any structures and impervious surfaces; it is expressed as a percentage
of the lot.
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:
| ||
|
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
| ||
An individual, firm, association, syndicate, copartnership,
or corporation having sufficient proprietary interest in the land
sought to be subdivided or developed under this chapter.
Land owned by the Borough of Pottstown or another unit of
government, or a nonprofit organization, which is used or intended
for active or passive recreation. Unless owned by the Borough or the
Pottstown School District, this definition shall not be construed
to include concert halls or outdoor concert areas, race tracks of
any kind, stadiums or similar facilities which may attract large crowds.
A building used for the storage of motor vehicles.
An open space other than a public or private street used
for the parking of automobiles.
An off-street space available for the parking of a motor
vehicle, exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
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.
An individual, copartner, or corporation or having the legal
standing of any.
The Pottstown Planning Commission, unless specified otherwise.
The map or plan of a subdivision or land development, whether
preliminary or final.
A commonwealth-licensed institution for the care of children
of prekindergarten age.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
[Added by Ord. 2110, 5/13/2013]
A calling requiring specialized knowledge and long and intensive
academic preparation. "Profession" or "professional" shall include
doctors, dentists, lawyers, engineers, architects, and the like, but
shall not include real estate brokers, insurance agents, securities
dealers, beauticians, and the like.
Persons who provide expert or professional advice, including
but not limited to architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
[Added by Ord. 2110, 5/13/2013]
A municipality or a municipal authority, unless clearly the
context dictates otherwise.
Includes:
[Amended by Ord. 2110, 5/13/2013]
A formal meeting held pursuant to public notice by the Borough
Council or the Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter
and the Pennsylvania Municipalities Planning Code.
[Amended by Ord. 2110, 5/13/2013]
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).
[Amended by Ord. 2110, 5/13/2013]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days and the second publication shall not
be fewer than seven days from the date of the hearing, unless specified
otherwise elsewhere in this chapter; except that in the case of amendments
to the Airport Districts, notice shall not be fewer than 14 days from
the date of said hearing.
See the definition of "street" below.
Any lot that is not a front or side lot line and that, if
extended in either direction, would not cross the lot.
A motor vehicle, or an enclosure designed to be attached
to a motor vehicle for transportation over public roads, used or designed
to be used for sleeping, or for cooking or other housekeeping activities,
when such motor vehicle or enclosure exceeds 18 feet in length and
five feet in height.
A planning agency that is comprised of representatives of
more than one county. Regional planning responsibilities shall include
providing technical assistance to the counties and municipalities,
mediating conflicts across county lines and reviewing county comprehensive
plans for consistency with one another.
[Added by Ord. 2110, 5/13/2013]
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.
One or more storage units for lease within a single building
that are accessed exclusively through a pedestrian doorway.
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, considered by the
body, board, officer, or agency rendering a determination or decision
shall be made available for inspection to the applicant and all other
parties to any proceeding upon request, and copies thereof shall be
provided at cost of reproduction.
An establishment engaged in investigation in the natural,
physical, or social sciences, but which may include engineering and
product development.
A place for residential occupancy.
Those activities conducted in living quarters in an urban
setting and excludes such activities as the keeping of livestock or
fowl, activities resulting in noise that constitutes a nuisance in
a residential area, and activities that involve the storage of motor
vehicle parts, machinery or parts, junk, or scrap metals.
A lot upon which food or beverages are cooked or prepared
and offered for sale and where consumption is permitted on the premises,
whether or not entertainment is offered, and includes establishments
known commonly as bars, taverns, grills, cafes, and nightclubs.
A building or part of a building used to furnish food and
beverages to the public where customers place their orders at an inside
service counter and where food is served for consumption either at
eating areas within the building or taken out for consumption away
from the premises.
A fast-food restaurant which is designed for the serving
and pick-up of food and beverages without leaving a motor vehicle,
for off-premises consumption.
A lot upon which food or beverages are cooked or prepared
and offered for sale and where consumption is permitted on the premises,
whether or not entertainment is offered, but which does not serve
any alcoholic beverages.
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]
The size, or apparent size, of a building in relationship
to the size of a human being. (Photos for this definition on file
at Borough Office).
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 post-graduate
education, and being accredited. See separate definition for "trade
school."
Materials used to form a visual or partially acoustical barrier.
The required distance between every structure and any lot
line on the lot on which it is located.
Any lot line that meets the end of a front lot line or other
lot line within 30° of being parallel to such a line, except a
front lot line.
The distance between the side lot line and the side building
line, extending from the established front setback to the established
rear yard.
The length of street, measured along the center line, that
is visible continuously from a point six inches above the pavement
and along the center line of the street.
See Sign Definitions, pages 22-A15 through 22-A17.[6]
A plan accompanying, and being made part of, an application
for a zoning permit, variance, or special exception.
A place where gathers a communion of people joined by religion,
ethnicity, politics, employment, activity, or other interest, formed
for the preservation and advancement of a lawful interest, and enjoying
tax-exempt status granted by the Internal Revenue Service. A social
club may contain eating and drinking facilities.
A site and complex of buildings and structures designed to
accommodate the temporary storage, transfer, processing, reduction,
recycling and/or conversion to energy of trash, garbage and other
solid wastes; however, this definition shall not apply to individual
solid waste structures of less than 2,000 cubic feet (outside measurement).
A solid waste storage unit that uses mechanical means to
compact, reduce, or otherwise process solid waste.
An unenclosed structure, other than a dumpster, of less than
74 cubic yards designed to accommodate the temporary storage of solid
waste prior to disposal.
[Amended by Ord. No. 2219, 11/14/2022]
A use permitted in a particular zoning district pursuant to the provisions of the Pottstown Zoning Ordinance [Chapter 27].
An accessory building with four sides and a roof, not exceeding
100 square feet or eight feet in height, for storage of lawn, garden
and swimming pool equipment or similar domestic items.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, and lane, 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 this chapter.
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, that subdivision by lease of
land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The Pottstown Subdivision and Land Development Ordinance.
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]
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.
Operating water closet, sink, and shower or bathtub.
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.
An entity organized for the transmission and exchange of
telephone, television, radio telephone, gas, power, sewage, water,
and similar activities, and governed by the Pennsylvania Public Utility
Commission.
A utility company building or structure and its equipment
used for the transmission and exchange of telephone, television, radio
telephone, gas, power, sewage, and water facilities; provided, however,
these shall not include offices, business facilities, storage of materials
or equipment, trucks, repair facilities, or the housing of employees
or any other person.
Relief granted pursuant to the Pottstown Zoning Ordinance
(Article A9) and the Pennsylvania Municipalities Planning Code (provisions
of Articles VI and IX).
[Amended by Ord. 2110, 5/13/2013]
A machine that dispenses merchandise for money.
[Added by Ord. 2085, 9/12/2011]
An establishment providing medical care, treatment, grooming,
or boarding services for animals.
A building used primarily for the storage of goods and materials,
not involving ordinary on-site storage connected with retail activities.
Any telecommunications transmission equipment supported or
affixed to a wireless support structure, including, but not limited
to, distributed antenna systems facilities.
[Added by Ord. 2165, 6/12/2017]
Any set structure, such as a guyed or self-supporting monopole,
wireless tower, electrical transmission tower, water tower, or other
support structure, including, but not limited to, buildings, light
poles, utility poles, traffic signals, and other similar structures
that could support the placement or installation of wireless communications
facilities if approved by the Borough.
[Added by Ord. 2165, 6/12/2017]
Any freestanding structure that exceeds 10 feet in height
and is built for the sole or primary purpose of supporting any Federal
Communications Commission-licensed or authorized antennas and their
associated facilities, including structures that are constructed for
wireless communications service, including, but not limited to, private,
broadcast, and public safety services, as well as unlicensed wireless
services (i.e., wifi) and fixed wireless services (i.e., point-to-point
microwave transmission), such as microwave backhaul, and the associated
site. A building, water tower, electrical transmission tower, utility
pole, light pole, traffic signal pole, flagpole, or other similar
structure designed and constructed for a sole or primary purpose other
than supporting any Federal Communications Commission-licensed or
authorized antennas and their associated facilities shall not be considered
a wireless tower.
[Added by Ord. 2165, 6/12/2017]
The area between any lot line and the setback required therefrom.
The sale or offering for sale of new, used or secondhand
items of personal property on any residentially used property, which
are also known as and shall include "garage sale," "porch sale," "lawn
sale," "rummage sale," "flea market sale," or other similar casual
sale of tangible personal property.
[Added by Ord. 2085, 9/12/2011]
The Zoning Administrator of the Borough of Pottstown; the
person authorized pursuant the Pennsylvania Municipalities Code to
enforce this chapter.
[1]
Editor's Note: Airport District definitions are found in Appendix A3, § A342, of Chapter 27, Zoning.
[2]
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.
[3]
Editor’s Note: The definition of “cell site,”
which immediately followed this definition, was repealed 6/12/2017
by Ord. 2165.
[4]
Editor’s Note: The former definition of “convalescent
home,” which immediately followed this definition, was repealed
by Ord. 2136, 5/11/2015.
[5]
Editor's Note: Flood District definitions are found in Appendix A3, Section A339, of Chapter 27, Zoning.
