Both subordinate and incidental to a principal use or structure.

Any dwelling, building, or portion thereof which provides for supervised care to persons who a) are not family, b) are primarily over age 60, and c) need daily assistance because of their physical health, Alzheimer's disease, developmental handicap, and/or physical handicap. This use may involve occasional overnight stays of less than a total of 60 hours per week per person. This use shall not include persons who need oversight because of behavior that is criminal or violent.

Adult entertainment uses include any of the following as defined below:

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.

See Appendix A3, Section A342.5, located at the end of this chapter.

The operation of an airport, including facilities for takeoff and landing aircraft, together with accessory uses, including dining facilities, hangers, terminals, and other buildings and facilities associated normally with air travel.

A public right-of-way, created by deed or by ordinance, that is reserved for either pedestrian or vehicular access.

As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or enlargement whether by extension of a side or by increasing in height or moving from one location or position to another.

As applied to Pottstown's Certified Local Government Historic Districts, an alteration is any change, modification, or addition to a part or all of the exterior of any building or structure which can be seen from a public right-of-way.[1]

A building containing at least three dwellings with independent external access or shared access via a common hallway or stairwell.

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.

Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the Municipalities Authorities Act of 1945.

A place where the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body frame or fender straightening or repair, or painting or undercoating of automobiles. The definition does not include the display of motor vehicles for sale.

A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants or grease (for operation of an automobile) are retailed directly to the public on premises, including sale of minor accessories and service for automobiles. An automobile service station may include a convenience store not to exceed 3,000 square feet. The definition does not include the display of motor vehicles for sale.

The temporary or occasional care of any number of children not related to the caregiver which takes place at the home of the caregiver, the temporary or occasional care of any number of children at a dwelling unit customarily and regularly occupied by the children as their residence or the regular care of one, two, or three children not related to the caregiver which takes place at the home of the caregiver.

An institution for lending, borrowing, exchanging, issuing, and safeguarding money; an office or building used for such purposes.

The one-hundred-year flood elevation.

A building or structure or any part thereof consisting of one dwelling for the traveling public, within which is provided shelter and meals to two to six persons for compensation, that is rented overnight for short indefinite periods, and in which meals for lodgers may also be prepared in a common kitchen. Such housing shall include but is not limited to a tourist home, bed-and-breakfast motel, and inn.

A charcoal-like, carbon-rich substance made during gasification which is commonly used as a soil supplement in conjunction with agricultural uses.

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.

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.

Organic material which comes from plants and animals used for energy production.

An area bounded by streets and alleys.

The Zoning Hearing Board of Pottstown.

Any dwelling, building, or portion thereof for residential occupancy within which is provided shelter and meals to three to six persons for compensation by prearrangement for definite periods, and in which no provision is made for cooking in any room other than a common kitchen; does not include "bed-and-breakfast/tourist home," "dormitory," "group home," or "rooming house."

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.

Any device used, or designed to be used, for flotation, but not including any such device that can be lifted and transported by two able-bodied adults without the use of mechanical means.

The governing body of Pottstown. It includes the term "Town Council."

Borough of Pottstown, Montgomery County, Pennsylvania.

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by Council as the Engineer for the Borough, the Borough Planning Commission, or any other agency of the Borough. This shall include, also, engineers, so licensed, appointed by Council as consultants to exercise the powers and duties of the Borough Engineer in the furtherance of the provisions of this chapter.

A licensed or unlicensed establishment which may or may not generate an economic gain, publicly or privately, for a fee, commission, percentage, or donation of the sale price, sells or offers for sale, transfers at wholesale or offers for transfer at wholesale, or offers or maintains at wholesale for resale to another, as an owner, agent, or assignee, one or more animals.

Any structure, either temporary or permanent, having a roof or other covering, and designed or used for shelter or enclosure of any person, animal or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes of a building.

An approval statement signed by the Code Enforcement Officer authorizing the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or part of any building within Pottstown.

The request filed by any person with the Code Enforcement Officer that seeks authorization to construct, alter, reconstruct, repair, restore, demolish or raze all of any part of any building within Pottstown.

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.

Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. It means, further, the occupancy or use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional services, excluding any direct retail store use and/or direct service store use.

A shelter for one or more vehicles that is not enclosed fully by walls and one or more doors.

That portion of a right-of-way set aside for vehicular traffic.

A lot on which motor vehicles are washed or waxed, either by the patrons or by others, using machinery specially designed for the purpose.[2]

An organic compound, and the basic structural component of green plants' cell walls, used as a raw material mainly to produce paperboard, paper, and other similar manufactured goods. Cellulose is a biomass and can be converted into biofuels such as renewable diesel.

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.

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.

An area for the burial of the dead.

A statement signed by Pottstown Borough Council that certifies the appropriateness of a particular request for the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or a part of any building within one of Pottstown's Certified Local Historic Districts, and authorizes the issuance of a building permit for said request.

The areas in the Borough of Pottstown created by ordinance of the Borough of Pottstown as authorized by the Act of June 13, 1961, P.L. 282, No. 167, as amended.

An establishment that 1) is not a bank or financial institution subject to federal or state regulation; and 2) that charges either a flat fee or a fee based on a percentage of the face value of a check to be cashed or processed by such establishment; and 3) provides such services to the public.

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:

A building wherein persons assemble regularly for religious worship and that is used only for such purposes and for those accessory activities as are customarily associated therewith.

The officer designated by Pottstown Borough Council as the person who issues permits for the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or part of any building in Pottstown.

The Borough of Pottstown Planning Commission, unless the context indicates clearly otherwise.

A parcel of land or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment by residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

The Commonwealth of Pennsylvania.

When used to describe the relationship among buildings in a Conservation District, "compatible" means having characteristics that are similar to the majority of existing historic buildings on the block. These characteristics include, but are not limited to:

A use permitted in a particular zoning district pursuant to the provisions in Section 400 and Article VI of the Pennsylvania Municipalities Planning Code.

Any or all work necessary for the erection of any building or structure from a combination of materials to form safe and stable structures.

A building or structure or any part thereof which provides for the housing and intermediate or fully skilled nursing care, for a period exceeding 24 consecutive hours, of three or more adults who are not family and who, by reason of chronic illness or infirmity, are unable to care for themselves, and which does not meet the definition of a "hospital," "personal care home," "treatment center," or "group home." Such housing shall include but is not limited to nursing homes, intermediate care facilities, skilled nursing facilities, and assisted living facilities.[3]

A neighborhood convenience store with at least one gasoline dispensing pump.

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.

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.

A right-of-way for pedestrian travel across or within a block.

A street intersecting another street at one end and terminating at the other end in a paved vehicular turnaround.

A final adjudication by Borough Council or the Pottstown Zoning Hearing Board. Appeals from decisions go directly to the Court of Common Pleas.

The dismantling or tearing down of all or part of any building.

A final administrative decision such as the grant or denial of a permit by the Zoning Officer or Engineer of the Borough with respect to the administration of any land use ordinance. Determinations are appealable to Borough Council or the Pottstown Zoning Hearing Board, as the case may be.

Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

The provisions for development, a plat of subdivision, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open space, and public facilities. The phrase "the provisions of the development plan" when used in this Part shall mean the written and graphic materials referred to in this Part.

Any store or shop in which commodities are sold directly to the consuming public.

Any establishment primarily engaged in selling services, as opposed to products, to the general public or businesses. Direct service stores include tailors, dressmakers, dry cleaners, barbers, beauty salons, copy centers, photography studios and shops for the repair of clothing, shoes or household items.

A building or structure or any part thereof only inhabited by teaching faculty and/or bona fide full-time students of an accredited college, university, or medical training facility or state-licensed teaching hospital, or of an accredited public or private primary or secondary school, and which is owned and operated by such principal use to which the dormitory serves; does not include "bed-and-breakfast/tourist home," "boarding home," "group home," or "rooming house."

The flow of water or liquid waste and the methods of directing such flow, whether natural or artificial.

Any building, design, facility, or structure, or portion thereof, from which a business, product or service is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during the transaction.

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.

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]

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.

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.

Renewable material that can be used directly as a fuel or converted to another form of fuel or energy product.

A structure that permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.

A building housing firefighting vehicles and equipment. A firehouse may contain sleeping, cooking, and toilet facilities for on-duty firefighters and may contain social quarters for firefighters and their guests.

See Appendix A3, Section A339.14, located at the end of this chapter.

Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures, that reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings.

Total gross area of all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, and open porches, balconies, and terraces.

The building area divided by the lot size. (For example, a building with a total floor area of 40,000 square feet on a 100,000 square foot lot has a floor area ratio of 0.4 or 40%).

A manufacturing plant designed to process food products for sale, excluding the slaughtering of animals, and which processing may include the cooking, baking, and packaging of such products.

A person or establishment engaged in or that professes to foretell future or past events, engaged in the practice of palmistry (the art or practice of reading a person's character or future from the lines on the palms of hands), or professes to mediate communication between spirits of the dead and living human beings.

The area between the front lot line (a line dividing a lot from any public street) and the setback required therefrom, with the exception of corner lots used for residential purposes.

An accessory building or part of a principal building used for the storage of motor vehicles or equipment, or as an artist's studio or a workshop, all materials to be owned and used exclusively by the owner or tenant of the premises. No business connected directly or indirectly with motor vehicles is permitted.

A manufacturing process through which feedstock is heated above 600° C. in an oxygen-deficient atmosphere without an open flame and then converted into a fuel-gas mixture, biochar, and other naturally occurring by-products.

A grassy area of no less than 15 acres laid out for the game of golf with a series of nine or 18 holes, each including a tee, fairway, and putting green.

An enclosure made predominately of clear glass used for the cultivation or protection of plants.

Any dwelling, building, or portion thereof to accommodate the housing, support, oversight, and care, in a family setting or environment, of persons who, because of physical disability, old age, mental retardation/developmental disability or another condition that the applicant proves to the Code Enforcement Officer involves a handicap or disability under the Federal Fair Housing Act Amendments of 1988 or the Americans With Disabilities Act, as amended, need supervision and health, social, and/or rehabilitative services which are not specialized, but which does not meet the definition of a "bed-and-breakfast," "boardinghouse," "criminal housing facility," "dormitory," "hospital," "rooming house," or "treatment center."

The Historic Architectural Review Board regulating properties in Pottstown's Certified Local Ordinance Historic Districts.

A building, or part thereof, providing facilities and programs designed to improve the physical well being of the patrons thereof. Such facilities include, not by way of limitation, spas, tennis or racquet clubs, swimming pools, basketball courts, gymnastic and calisthenics facilities, and weight-training facilities.

Establishments primarily engaged in furnishing medical, rehabilitative and therapeutic services to individuals from technicians, therapists and other health-care practitioners, including medical, dental, laboratories, outpatient facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services, which shall not include professional offices or client-based social service providers.

The production or processing of materials by the employment of large machines, cranes, furnaces, presses, and the like. Such activity is likely to produce noise, odors, or other emissions detectable by a person having normal senses, when experienced from off the premises.

The vertical distance as measured from the main level of the ground surrounding a building or structure and either the point midway between the highest and lowest points of the building's roof, or a structure's highest point; provided chimneys, spires, towers, elevator penthouses, tanks, and similar projections shall not be included in calculating height.

The Historic Architectural Review Board regulating properties in Pottstown's Certified Local Ordinance Historic Districts.

An area judged by the Pennsylvania Bureau for Historic Preservation as eligible for the National Register of Historic Places.

A retail store use principally devoted to the sale of nonpharmaceutical medical supplies or equipment, also known as durable medical equipment (DME), to the direct consumer or end-user. Such medical supplies or equipment can include, but are not limited to, canes, walkers, oxygen equipment and accessories, commode chairs, hearing aids, manual wheelchairs and power mobility devices.

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.

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.

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.

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."

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.

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."

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.

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.

An area of land, with or without buildings, used for storage outside a completely enclosed building of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery or vehicles or vehicle parts, with or without the dismantling, processing, salvage, sale or other use or disposition of the materials. The deposit or storage of two or more unlicensed, wrecked, or disabled vehicles or the major parts of vehicles is considered a junkyard.

The plan adopted by the Pottstown Borough Council, and on file at Borough Hall, providing a master plan for the Keim Street industrial area.

An establishment for the breeding and boarding of pets.

Any of the following activities:

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

Any ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI, and VII of the Pennsylvania Municipalities Planning Code.

A place where patrons wash, dry, or dry-clean clothing and other fabrics in machines operated by the patrons.

The production or processing of materials by the employment of small machines, soldering irons, stamping machines, kilns, aluminum bending devices, and the like. Such activity is not likely to produce noises, odors, or other emissions detectable by a person having normal senses, when experienced from off the premises. For purposes of the BO District, "light manufacturing" shall mean:

An off-street space available for the loading or unloading of goods and having direct access to a street or alley.

A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.

The area of land within the boundary of a lot, excluding any part under water, excluding easements, and excluding the area of land bounded by any front lot lines, the center line of the street on which it fronts and the side lot lines intersecting the front lot line at its ends extended to the center line of the street.

A line marking a boundary of a lot.

An area intentionally planted with herbaceous plant material primarily comprised of native species. A managed meadow shall not include woody trees and shrubs and shall be kept free of species identified in the most-recent Noxious Weed Control Law adopted by the Pennsylvania Department of Agriculture and/or the most-recent Invasive Plant Species List promulgated by the Pennsylvania Department of Conservation and Natural Resources, and both are hereby incorporated herein by reference.

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.

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.

The production or processing of materials by the employment of large machines, cranes, presses, and the like. Such activity is likely to produce a moderate amount of noise, odors, or other emissions detectable by a person having normal senses, when experienced from off the premises.

Any mobile vehicle, used for residential occupancy or for any other use, designed for transportation, after fabrication, on streets on its own wheels or supported by other vehicles or trailers but that is not self-propelled, and arriving at the site where it is to be occupied after incidental unpacking and assembly operation, supported on jacks or other foundations and connected to utilities and the like.

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

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.

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.

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.

A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants or grease (for operation of an automobile), are retailed directly to the public on premises, including sale of minor accessories and service for automobiles. Accessory uses are limited to lubrication, changing oil and filters, changing and repairing tires and tubes, engine tune-ups, hand washing and polishing without automatic equipment, and replacing of light bulbs, windshield wiper blades and other small parts. They do not include steam cleaning, body repairs, painting, or transmission, chassis, or engine repairs.

A direct retail store with a floor area of 3,000 square feet or less which generally sells for off-site consumption and/or use any combination of 1) food and/or beverages; 2) over-the-counter drugs; 3) reading materials; 4) household supplies; and/or 5) tobacco products.

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.

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

A use, whether of land or of structure, that does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

A playground, gymnasium, natatorium, park, or similar use made available to the public by a government agency or by a private organization enjoying tax-exempt status by the Internal Revenue Service.

For the purposes of the Keim Street Gateway Overlay, the railroad line, owned and operated by Norfolk Southern or by its heirs, successors or assigns, which makes an at-grade crossing with South Keim Street. Standards for development proposals will differ according to their location north or south of the rail boundary; the areas are further defined as follows:

A map adopted by ordinance pursuant to the Pennsylvania Municipalities Planning Code, Article IV.

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.

That portion of a lot area that is natural or landscaped and free of any structures and impervious surfaces; it is expressed as a percentage of the lot.

A flood that has one chance in 100 years or a one-percent chance of being equaled or exceeded in any year. For the purpose of this chapter, the one-hundred-year flood (base flood) is defined by the Federal Insurance Administration, United States Department of Housing and Urban Development, in the Flood Insurance Study, Borough of Pottstown, Montgomery County, Pennsylvania; also, the "regulatory flood;" and other areas where storm runoff calculations indicate the presence of a one-hundred-year flood.

A lot where merchandise and goods are auctioned to the public outdoors or goods are sold to the public outdoors simultaneously by more than one individual or corporation.

An area on a public sidewalk or other publicly accessible paved area directly abutting and adjacent to and/or upon the same lot as an associated eatery or any premises licensed by the Pennsylvania Liquor Control Board pursuant to 40 Pa. Code § 7.21, as amended, which is used for the purpose of furnishing food and beverage to patrons for consumption therein.

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.

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:

Any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided or developed under this chapter.

Land owned by the Borough of Pottstown or another unit of government, or a nonprofit organization, which is used or intended for active or passive recreation. Unless owned by the Borough or the Pottstown School District, this definition shall not be construed to include concert halls or outdoor concert areas, race tracks of any kind, stadiums or similar facilities which may attract large crowds.

A building used for the storage of motor vehicles.

An open space other than a public or private street used for the parking of automobiles.

An off-street space available for the parking of a motor vehicle exclusive of passageways and driveways appurtenant thereto and giving access thereto.

An establishment that is engaged to any extent in any of the following business or activities:

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.

An individual, copartner, or corporation or having the legal standing of any.

A personal care business requires direct, physical contact with the customer in the performance of a personal service. Such uses generally but do not always require a license from one of the boards and commissions under the auspices of the Commonwealth Department of State's Bureau of Professional and Occupational Affairs. Individual personal care businesses shall be categorized and permitted according to the following subcategories:

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."

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.

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.

A municipality or a municipal authority, unless clearly the context dictates otherwise.

Includes:

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.

A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall be not fewer than seven days from the date of the hearing, unless specified otherwise elsewhere in this chapter; except that in the case of amendments to the Airport Districts, notice shall not be fewer than 14 days from the date of said hearing.

See "street."

Any lot line that is not a front or side lot line and that, if extended in either direction, would not cross the lot.

Any or all work needed to remake or rebuild all or a part of any building to a sound condition, but not necessarily of original materials.

A motor vehicle, or an enclosure designed to be attached to a motor vehicle for transportation over public roads, used or designed to be used for sleeping, or for cooking or other housekeeping activities, when such motor vehicle or enclosure exceeds 18 feet in length and five feet in height.

A planning agency that is comprised of representatives of more than one county. Regional planning responsibilities shall include providing technical assistance to the counties and municipalities, mediating conflicts across county lines and reviewing county comprehensive plans for consistency with one another.

The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values.

Persons who are related by blood, marriage, or adoption as parent, child, brother, sister, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, nephew, niece, sister-in-law, brother-in-law, father-in-law, mother-in-law, or first cousin, or who are related by formal foster or guardianship relationship. This term shall not include relationships such as second, third, or fourth cousins.

Any method, process, or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy, and hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes.

A structure containing separate storage spaces of varying sizes leased on an individual basis.

One or more storage units for lease within a single building that are accessed exclusively through a pedestrian doorway.

Any or all work involving the replacement of existing work with equivalent material for the purpose of maintenance, but not including any addition, change or modification in construction.

Any letter, review, memorandum, compilation, or similar writing made by any body, board, officer, or consultant other than a solicitor to any other body, board, officer, or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body, or agency, nor shall any appeal lie therefrom. Any report used, received, or considered by the body, board, officer, or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

An establishment which rescues three or fewer dogs until the dogs are ultimately transferred to a permanent home, and the caretaker may be reimbursed for actual expenses related to the care and transportation of the dogs.

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.

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.

An establishment engaged in investigation in the natural, physical, or social sciences, but which may include engineering and product development.

A place for residential occupancy.

Those activities conducted in living quarters in an urban setting and excludes such activities as the keeping of livestock or fowl, activities resulting in noise that constitutes a nuisance in a residential area, and activities that involve the storage of motor vehicle parts, machinery or parts, junk, or scrap metals.

A lot upon which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises, whether or not entertainment is offered, and includes establishments known commonly as bars, taverns, grills, cafes, and night clubs.

A building or part of a building used to furnish food and beverages to the public where customers place their orders at an inside service counter and where food is served for consumption either at eating areas within the building or taken out for consumption away from the premises.

A fast-food restaurant which is designed for the serving and pickup of food and beverages without leaving a motor vehicle, for off-premises consumption.

A lot upon which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises, whether or not entertainment is offered, but does not serve any alcoholic beverages.

Any or all work connected with returning to or restoring a building or part of any building to its original condition through the use of original or nearly original materials.

The surface of and space above and below any real property in the Borough in which the federal government, commonwealth, or any other municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now and hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area, or property under the control of the federal government, commonwealth, or any other municipality or municipal authority, and nonexclusive public or utility easements established, dedicated, platted, improved, or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. "In the right-of-way" means in, on, over, along, above and/or under the right-of-way.

A space for residential occupancy that does not include complete cooking and toilet facilities.

A building or structure or any part thereof where rooms or sleeping accommodations are rented to individuals to be used principally as a place of rest and sleep and for toilet and dressing, and does not provide cooking facilities or allow or provide for the preparation or provision of meals.

The size, or apparent size, of a building in relationship to the size of a human being.

A public or private educational facility having grades K through 12 (or any consecutive combination thereof), and meeting commonwealth requirements, or providing undergraduate, graduate, or postgraduate education, including community colleges, and being accredited. See separate definition for trade schools.

Materials used to form a visual or partially-acoustical barrier.

The required distance between every structure and any lot line on the lot on which it is located.

Any lot line that meets the end of a front lot line or other lot line within 30° of being parallel to such a line, except a front lot line.

The distance between the side lot line and the side building line, extending from the established front setback to the established rear yard.

The length of street, measured along the center line, that is visible continuously from a point six inches above the pavement and along the center line of the street.

See Sign Definitions, Section 702.

Any structure, except a mobile home, designed or used for residential occupancy by one family. The following definitions are also relevant to "single-family dwelling":

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.

A use permitted in a particular zoning district pursuant to the provisions of this chapter.

An accessory building with four sides and a roof, not exceeding 100 square feet or eight feet in height, for the storage of lawn, garden and swimming pool equipment or similar domestic items.

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways, whether public or private, used or intended to be used by vehicular traffic or pedestrians. Streets are further classified by function in Section A5 of the Pottstown Subdivision and Land Development Ordinance [Chapter 22]. A "principal street" is any street except a service street (alley). A "half street" is a street of less than required right-of-way width.

A line determining the limit of pedestrian or vehicular rights, either existing or contemplated, of the public.

Those improvements located either within or just outside the street right-of-way, including but not limited to sidewalks, street furniture, lighting, trees and landscaping, paving and other hardscape, and plazas.

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.)

The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

The Pottstown Subdivision and Land Development Ordinance [Chapter 22].

In the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this chapter or any other land use ordinance of the Borough or the Pennsylvania Municipalities Planning Code) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

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:

A pool constructed at ground level, regardless of its dimensions.

A pool constructed below ground level, regardless of its dimensions.

A type of aboveground pool installed and designed to be removed seasonally which is constructed or manufactured with nonmetallic, molded polymeric, inflatable, or fabric walls.

A retail sales or wholesale establishment primarily engaged in selling tobacco and/or tobacco products and/or vaping products. A retail or wholesale establishment which holds itself out as a "tobacco store," a "smoke shop," a "vape shop" or similar establishment, shall also be considered a "tobacco store/smoke shop" for the purposes of this chapter. Examples of vaping products referred to in this chapter include, without limitation, vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes, e-cigarettes, e-cigs, e-pipes and any other electronic nicotine delivery systems ("ENDS"). ENDS shall be deemed noncombustible tobacco products. Tobacco products as referred to in this chapter shall include, without limitation, matches, lighters, hookahs, pipes, chewing tobacco, cigarette rolling machines, ashtrays, pipe tools, pipe supplies and pipe accessories. For the purposes of this chapter, cannabidiol products, also known as "CBD" products, shall be excluded when counting the total merchandise of such a retail sales or wholesale establishment.

Operating water closet, sink, and shower or bathtub.

Vocational schools, karate schools, music schools or studios (including, but not limited to, schools or studios providing voice and/or instrument instruction), dance schools or studios, art schools or studios, and other similar institutions.

A building or structure or any part thereof to provide housing facilities for persons who need specialized housing, treatment, and/or counseling to persons because of: a) chronic abuse of or addiction to alcohol and/or controlled substances (as defined by Section 102 of the Controlled Substances Act, 21 U.S.C. § 802, as amended); or b) a type of mental illness or other behavior that is criminal or violent and can reasonably be expected to cause a person to be a threat to the physical safety of others.

A structure designed or used for residential occupancy by two families.

An entity organized for the transmission and exchange of telephone, television, radio telephone, gas, power, sewage, water, and for similar activities, and governed by the Pennsylvania Public Utility Commission.

A utility company building or structure and its equipment used for the transmission and exchange of telephone, television, radio telephone, gas, power, sewage, and water facilities; provided, however, these shall not include offices, business facilities, storage of materials or equipment, trucks, repair facilities, or the housing of employees or any other person.

Relief granted pursuant to the Pottstown Zoning Ordinance (Article A9) and the Pennsylvania Municipalities Planning Code (provisions of Articles VI and IX).

A machine that dispenses merchandise for money.

An establishment providing medical care, treatment, grooming, or boarding services for animals.

A building used primarily for the storage of goods and materials, not involving ordinary on-site storage connected with retail activities.

A facility or entity that acquires large quantities of goods from manufacturers or vendors, and resells such goods principally to retailers or supply companies, rather than directly to the consumer or end-user of such products. However, such uses may include incidental retail sale.

Any telecommunications transmission equipment supported or affixed to a wireless support structure, including, but not limited to, distributed antenna systems facilities.

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.

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.

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.

The Zoning Administrator of the Borough of Pottstown; the person authorized pursuant the Pennsylvania Municipalities Code to enforce this chapter.

A certificate issued by the Zoning Administrator stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which the use is located or is to be located. When the word "permit" occurs alone, it shall be taken to mean a zoning permit unless the context dictates clearly otherwise.