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Borough of Pottstown Ordinances Governing Subdivision, Land
Borough of Pottstown Ordinances Governing Subdivision, Land Development and Zoning Adopted 2003 Amended October 2004 SUBDIVISION LAND DEVELOPMENT ZONING Table of Contents Title modified Section Name Preface and Community Objectives Preface Pottstown: historic, traditional, walkable Pottstown develops revitalization strategy Zoning designed to build on Pottstown’s heritage Subdivision and Land Development Title and Purpose 100 Title Applications Filing fees Plan requirements Design standards Modifications Improvements Mobilehome parks Preventive Remedies Amendments Conflicts Definitions Subdivision Appendix Purpose Applications Pages 1 1 2 3 1 101 102 200 201 202 300 400 500 501 502 503 504 505 506 507 508 509 510 511 512 600 700 800 900 1000 1100 Purpose Effect Application Procedure Voluntary Sketch Plan Formal Application Procedure Filing fees Plan Requirements Design Standards – Community Objectives Open Space Preservation Landscaping Shade Tree Requirements Open Space Trees Street Trees Double Rows of Trees Parking Lot Shade Trees Design and Quality of Parking Lot Trees Protection of Parking Lot Trees Screening Buffering Lighting Modifications to Requirements Completion of Improvements Mobilehome Parks Preventing Violations and Enforcing This Ordinance Amending, Publishing, Advertising This Ordinance Conflicts between Main Ordinance and Appendix 1 1 2 2 2 3 4 5 5 5 6 6 7 8 9 9-11 11 12 12 13 14 15 16 16 16 16 1-21 A100 A101 A102 A103 A104 A200 A201 A202 A203 A204 A205 A206 A207 A208 Title Purpose Effect Constitutional Construction Interpretation Application Procedure Voluntary sketch plan Applications for Plat Approval Ordinance changes after plats are filed Improvements beyond a five-year period Public hearings, reviews of plats Public records to be kept on plats Plats involving state agencies, other local ordinances A1 A1 A1 A1 A1 A2 A2 A2 A2-3 A3 A3-4 A4 A4 A4 Notice to Owners of Property Within 300 Feet of the Subject Tract SUBDIVISION LAND DEVELOPMENT ZONING Table of Contents Title Section Name Subdivision Appendix (continued) Applications (cont.) A209 Recording Plats and Deeds A210 Effect of Plat Approval on Official Map Filing Fees A300 Filing fees A301 Resolution of Disputes Involving Fees Plan Requirements A400 Preliminary Plans A401 Location and identification of tracts A402 Identification of features (off-site) A403 Identification of features (on-site) A404 Proposed Layout A405 Layout drafting standards A406 Submission requirements, exemptions A407 Final plans A408 Certificates and assurances Design A500 Design standards A500.1 Purpose A500.2 General Standards A500.3 Site protection A501 Open Space and Recreational Facilities A501.1 Fee in lieu of Open Space A501.2 Open Space Design Standards A501.3 Open Space Deed Restrictions A501.4 Open Space Ownership and Maintenance A502 Landscaping Standards A503No additional regulations A511 A512 Lighting A513 Outdoor recreational lighting A514 Lighting Design Procedures A515 Lighting Prohibitions A516 Street Lighting A517 Blocks and Lots A518 Streets. General Standards A519 Street Classification A520 Street Dimensions and Configuration A521 Street Improvements A522 Special Streets A523 Street Intersections A524 Street Alignment A525 Street Curbs and Gutters A526 Alternative to Curbs A527 Sidewalks A528 Miscellaneous A529 Driveways A530 Parking areas A531 Reserve strips, Easements, Deeds, Monuments A532 Sewers and Sewage Disposal A533 Water Supply A534 Public Utilities Pages A4 A5 A6 A6 A7 A7 A7 A8 A8-10 A11 A11 A11 A12-14 A15 A15 A15 A16 A17 A17 A18 A19 A19 A20 A21 A21 A21 A21-22 A22 A22 A23 A23 A24 A24 A24 A25 A25 A26 A26 A27 A27 A27 A28 A29 A30 A31 A31 A32 SUBDIVISION LAND DEVELOPMENT ZONING Table of Contents Title Section Name Subdivision Appendix (continued) Modifications A600 Modifications Improvements A700 Completion of Improvements or Guarantee Thereof A701 Release from Improvement Bond A702 Resolution of Disputes Involving Fees Improvements (cont.) A703 Remedies to Effect Completion of Improvements Mobilehome Parks A800 Standards Regulating Mobilehomes -- Applicability A801 Standards Regulating Mobilehomes Preventive Remedies A900 Preventive Remedies A901 Jurisdiction A902 Enforcement Remedies Amendments A1000 Enactment of Subdivision Ordinance Amendment Publication, Advertisement, and Availability of Ordinance A1001 Conflicts (There are no additional regulations) Conflicts A1300 Zoning Purpose 100 Title 101 Purpose Applications 200 Permits Required 201 Applications 202 Applications in Conservation and Gateway Districts 203 Permits Districts 300 Establishment of Districts 301 Zoning Map 302 Conservation District -- Intent 303 Conservation District – Effect 304 Conservation District – Review Procedure Conservation District Summary Chart 305 Conservation District – Design Guidelines 306 Conservation District -- Demolition 307 Conservation District -- Style of Architecture 308 Conservation District -- Placement of Buildings 309 Conservation District -- Building size 310 Conservation District -- Building height 311 Conservation District -- Base, Body and Cap 312 Conservation District -- Proportion of walls/openings 313 Conservation District -- Building form 314 Conservation District – Texture/pattern of materials 315 Conservation District -- Additions 316 Conservation District -- Porches 317 Conservation District -- Fences and walls 318 Neighborhood Residential permitted uses chart Traditional Town Neighborhood permitted uses chart 319 320 Downtown permitted uses chart 321 Gateway District -- Intent 322 Gateway District -- Effect 323 Gateway District Design Review/Existing Buildings 324 Gateway District Design Review/New Buildings 325 Gateway District – Design Guidelines 326 Gateway District -- Demolition Gateway District Summary Chart Pages A33 A34-36 A36-37 A37 A37 A38 A38-39 A40 A40 A40 A41 A41 1 1 2 2 2 3 4 4 5-6 6 6 7 8 8 9-10 11-13 13 14 15 16 17 18 18 19 20 21 22 23 24 24 24-25 25 25 26 26 SUBDIVISION LAND DEVELOPMENT ZONING Title Zoning (continued) Districts (continued) Conditional Uses General Regulations Parking Signs Table of Contents Section Name Pages 327 328 329 Gateway District – Architectural style and additions Gateway District – Placement 27-28 29 29 330 331 332 333 334 Texture and Pattern of Materials Fences and Walls 335 336 337 338 339 340 341 342 343 344 400 401 402 403 403 500 501 502 600 601 602 603 604 605 606 607 608 609 700 701 702 703 704 705 706 707 708 709 710 Park permitted uses/area chart Flex Office permitted uses/area chart Highway Business permitted uses/area chart Gateway District – Proportion of Building Walls to Openings Neighborhood Business permitted uses/area chart Downtown Gateway permitted uses/area chart Gateway East /Gateway West permitted uses/area chart Heavy Manufacturing permitted uses/area chart Floodplain Overlay District Floodplain Boundaries Floodplain Regulations Airport Overlay District Airport Overlay District Boundaries Airport Overlay District Effect Conditional Uses – Application Procedure Conditional Uses Existing Building Conditional Uses Large Lot Conditional Uses Accessory Uses Miscellaneous Regulations Prohibited Uses Performance Standards Off-Street Parking Off-Street Parking Standards Off-Street Parking Surfaces Overflow Parking Surfaces Lighting of Parking Areas Access Driveways Accessory Parking Lots Shared Parking Lots Off-Street Loading Areas Parking Lots in Conservation, Gateways Districts Intent Conformance Required Definitions General Regulations Prohibited Signs Permits Required Exempt Signs Conditional Uses Signs on the Premises of Legally Non-conforming Uses Regulation of Legally Non-conforming Signs Permits 29 29 30 31-32 33 34 35 36 37 38 38 38 39 39 39 40 40-47 48-49 49-54 55-56 57-58 58 59 60 60-61 61 61 61 61-62 62 62 62 63-65 66 66 66-74 75-76 76 77 77 78 78 78 79 SUBDIVISION LAND DEVELOPMENT ZONING Table of Contents Title Zoning (continued) Section Name Pages Signs (continued) 711 712 712 712 712 Special Regulations for Signs in Historic Districts Sign Uses and Restrictions – All Zones 80 81-82 82 83 84 712 Sign Uses and Restrictions – Highway Business, FlexOffice, Heavy Manufacturing 85 800 801 802 803 804 805 806 900 901 902 903 904 905 906 907 908 909 1000 1100 1101 1102 1103 1104 1105 1106 1107 1200 1201 1202 1300 1301 1302 1303 Non-conformities Continuation of Use Regulation of Non-conforming Uses Repairs and Maintenance Restoration of Damaged Non-conforming Uses Termination and Abandonment Cessation of Use Excused Zoning Hearing Board -- Jurisdiction Zoning Hearing Board -- Membership Applications Time Limitation Hearings -- Notification Hearings -- Procedures Variances Procedure to Obtain a Preliminary Opinion Validity of Ordinance – Substantive Questions Appeals to Court Appeals to Court - Procedures Enforcement by Zoning Officer Rights of Entry Causes of Action Enforcement Notice Jurisdiction Enforcement Remedies Finances and Expenditures Exemptions Amendments Land Owner Curative Amendments Municipal Curative Amendments Severability Conflicts With Other Laws Conflicts between Main Ordinance and Appendix Repealer 86 86 86 86 86 87 87 88 88 88 89 89 89-90 90-91 91 91 91 92 93 93 93 93-94 94 94 95 95 96 96 96 97 97 97 97 A100 A101 A102 A103 A104 A200 A201 General Purpose Specific Purpose Interpretation and Application Relationship to Other Laws Administrative Standards Permits Required Site Plan Approval Requirements A1 A1 A1 A1 A2 A3-A4 A4 Non-conformities (continued) Zoning Hearing Board Appeals Enforcement Amendments Severability Conflicts Repealer Zoning Appendix Purpose Applications Sign Uses and Restrictions – Neighborhood Residential Sign Uses and Restrictions – Traditional Town Neighborhood Sign Uses and Restrictions – Downtown, Gateway, Neighborhood Business SUBDIVISION LAND DEVELOPMENT ZONING Title Section Zoning Appendix (continued) Applications (cont.) A300 A301 A301.1 Districts (continued) A302A318 A319 A320A338 A339 A340A341 A342 A343A344 Conditional Uses A400 A401 A402 General Regulations A500-1 A502 Parking A6 Signs A7 Non-conformities A8 Zoning Hearing Board A900 A900.1 A901 A901.1 A901.2 A902 A903 A904 A904.1 A905 A906 A906.1 A907 A908 A909 A910 Appeals A10 Enforcement A1100 A1100.1 Amendments A1101 A1102 A1103 A1104 A1105 A1106 A1107 A1200 Table of Contents Name Pages Establishment of Districts Zoning Map Interpretation of Zoning Map No additional regulations A5 A5 A5 A6 Special Exceptions No additional regulations A6-7 A7 Floodplain Overlay District No additional regulations A7-A14 A14 Airport Overlay District District Boundaries (No additional regulations) Effect (No additional regulations) Procedure for Conditional Use Approval Conditional Uses Accessory Uses (There are no additional regulations) There are no additional regulations Performance Standards Parking (There are no additional regulations) Signs (There are no additional regulations) A15-19 A20 A20 A21 A21-34 A35 A36 A36-37 A38 A39 A40 A41 A41 A42 A42 A42 A42 A42 A43 A43 A43-45 A45 A45 A46 A46-48 A48 A48 A49 A50 A50 A50 A50 A51 A51 A51 A52 A52 A53-54 Non-conformities (There are no additional regulations Zoning Hearing Board and Other Administrative Proceedings Jurisdiction Organization Removal of Members Expenditures for Services Applications Time Limitation Hearings – Notification Hearings – Notification Hearings – Procedures Zoning Hearing Board’s Functions; Variances Zoning Hearing Board’s Functions; Special Exceptions Procedure to Obtain Preliminary Opinion Validity of Ordinance; Substantive Questions Applicability of Judicial Remedies Parties Appellant Before the Board Appeals (There are no additional regulations) Enforcement by Zoning Officer Relief from Personal Responsibility Right of Entry Causes of Action Enforcement Notice Jurisdiction Enforcement Remedies Finances and Expenditures Exemptions Enactment of Zoning Ordinance and Amendments SUBDIVISION LAND DEVELOPMENT ZONING Amendments (cont.) Severability, Conflict, Repealer Definitions A1201 A1202 A1203 A1301 Table of Contents Procedure for Landowner Curative Amendments Procedure for Municipal Curative Amendments Publication, Advertisement and Availability of Ordinances Severability, Conflict, Repealer (No additional regulations) A54 A55 A56 A57 1-21 Borough of Pottstown, Pennsylvania Ordinances Governing Subdivision, Land Development and Zoning Preface This document can be read at two levels: * It is Pottstown's official law regarding zoning and the subdivision and development of land within the borough, in accordance with the Pennsylvania Municipalities Planning Code. * It is a guide to help citizens understand how we want our town to be developed and the procedures we have established to reach that goal. To make this law easier to read and understand, this document consists of a concise narrative that explains the basic rules, followed by an appendix containing detailed legal requirements. Community Development Objectives Pottstown: historic, traditional, walkable Over a period of 250 years, Pottstown has evolved into one of the loveliest, most historic, and most livable small towns in Pennsylvania. It has an excellent balance of homes and workplaces. It has beautiful, historic architecture. The compact size of the Borough, about five square miles, places most houses, schools, stores and offices within walking and bicycling distance of each other, at most a 10-minute drive by automobile. The purpose of these Ordinances is to preserve our small-town charm and enhance it as we build on vacant tracts of land, recycle older buildings, and re-use previously developed parcels of land. Pottstown has a distinguished heritage. An important iron making center during the colonial era, Pottstown became an industrial giant during the second industrial revolution of the late 19th century and the massive public works era of the early 20th century. Pottstown produced cannon for Washington and Grant, bridges from coast to coast, railroad tracks and cars that helped industrialize America, and steel to build some of the country's first skyscrapers. Pottstown circa 1910 COMMUNITY DEVELOPMENT OBJECTIVES - 1 Community Development Objectives Pottstown develops revitalization strategy Pottstown reached its zenith in the mid-20th century, when its heavy industries were booming, its downtown was the regional center of commerce, and new neighborhoods were still being built. At that time, Pottstown housed people of all ages, races, and incomes, in proportions similar to the Commonwealth as a whole. With postwar suburbanization, however, Pottstown gradually lost its appeal to many middle class and affluent households. Today, Pottstown has a disproportionate number of low and moderate income families. High Street business district in the 1940s After reaching its economic and psychological nadir with the loss of industries such as Bethlehem Steel and Firestone in the late 1970s, Pottstown launched several revitalization initiatives. Pottstown adopted a Comprehensive Plan in 1986 which emphasized retaining and building on the traditional character of Pottstown. Since adopting the Comprehensive Plan, Pottstown Borough has participated in five other plans: * * * * * Development Strategies Plan, 1989, Urban Land Institute Downtown Comprehensive Plan, 1994, Urban Partners, consultant Pottstown Open Space Plan, 1996, Robert Bartmann, AICP, consultant College Park District Plan, 1998, Urban Research & Develop. Corp., consultant Community & Economic Development Plan, 2000, Urban Partners, consultant Two new business campuses have more than replaced the jobs lost with the closing of such industries as Bethlehem Steel. The Borough established two historic districts to preserve Pottstown's unusually fine housing stock, and more than half the town has recently been declared eligible to the National Register of Historic Places by the Pennsylvania State Historic Preservation Office. Millions of dollars in community development funds have been spent for downtown improvements, and a downtown improvement district authority has been established. Other millions of private dollars have been spent in the restoration of residential and commercial properties since the mid 1980s, especially in the downtown area. The Borough opened a new $4 million Borough Hall in 2000 in the downtown, compatible in appearance to the historic character of High Street, adjacent to a new public park to be completed in 2002. The Borough is buying parcels of property for the new John Potts Park, which will link existing Borough parks to a greenway the length of the Schuylkill River. New Pottstown Borough Hall, 2000 COMMUNITY DEVELOPMENT OBJECTIVES - 2 Community Development Objectives Zoning designed to build on Pottstown’s heritage Pottstown residents respect their heritage and celebrate the unique livability of their town. Located in a densely populated region with millions of people, Pottstown provides a niche market among potential residents and businesses who value traditional towns. Recognizing that Pottstown is almost fully built out, and that we wish to enhance the traditional character of our town, the Borough will use its Subdivision and Zoning Ordinances to implement the following goals: 1. Increase the diversity of our population to include people of all ages, races, and incomes in rough proportion to the Commonwealth. At present, Pottstown needs to attract more middle class families to achieve that diversity. To do so, we must market our assets and encourage high quality development compatible with a traditional town. 2. Build on Pottstown's assets and improve our environment by encouraging the restoration and maintenance of our historic building stock; increasing the landscaping of our streets and private properties; and increasing the size and quality of our public parks. High Street shopping district 3. Protect our historic and traditional neighborhoods, dating from the mid-1800s to the 1950s, by ensuring that new construction conforms with existing structures in setbacks, bulk, and appearance, and ensuring that parking lots are as unobtrusive as possible. 4. Promote the health and sociability of Pottstown residents, and the vibrancy of our streets, by encouraging people to walk or bicycle for some of their activities. Walking and bicycling is best encouraged by permitting a mixture of small stores and offices in close proximity to residential areas; by promoting well-landscaped sidewalks and bike lanes; by designing streets to slow down auto traffic; and by ensuring that parking lots are well landscaped and no larger than necessary. 5. Mitigate some of the planning mistakes of the past by retrofitting auto-oriented areas with landscaped sidewalks and parking lots; by providing maximum as well as minimum parking spaces for various uses; and by allowing the construction of new buildings closer together, to create the kind of urban fabric that we enjoy in Pottstown's traditional neighborhoods. 6. Improve the appearance of Pottstown’s gateways such as East High Street, South Hanover Street, and West High Street by setting minimum architectural standards to make new buildings compatible in appearance and quality to our traditional neighborhoods. This is especially important for franchise businesses whose “signature” buildings may detract from our visual environment. Pottstown Historic District COMMUNITY DEVELOPMENT OBJECTIVES - 3 ZONING ARTICLE 1 SECTION 100 Short Title Purpose This Ordinance shall be known as the "Zoning Ordinance of the Borough of Pottstown." SECTION 101 Purpose 1. This ordinance regulates the use of land and the construction and renovation of buildings in Pottstown in order to: A. Preserve and enhance Pottstown’s traditional town character, protect its historic resources, and revitalize its older areas. B. Promote the general welfare by increasing the amenities of the borough and lowering the cost of living in Pottstown through good urban design. C. Carry out the Community Development Objectives listed in the Preface and Community Objectives, which are attached to this ordinance and marked as Exhibit A. D. Carry out the purpose and scope of Section 105 of the Pennsylvania Municipalities Planning Code, which authorizes the promotion and preservation of Commonwealth historic resources. DETAILS For further information about this Article, see the Zoning Appendix, Sections A100 through A104, pages A1 and A2. ZONING 1 ZONING ARTICLE 2 Applications SECTION 200 Permits Required 1. A zoning permit is required to: A. Build or install any structure, including signs, fences and storage buildings. B. Change the existing use of any land or building. C. In the Conservation and Gateway Districts, to alter the exterior of any building. SECTION 201 Applications 1. Applications for zoning permits should be made to the Zoning Officer in the Pottstown Codes Department. Applications must be signed by the property owner, lessee, or authorized agent. 2. In the case of new structures or additions, the applicant must submit a plan, also known as a plat, for the Borough’s review and approval. The plat must conform to the specifications in the Pottstown Subdivision and Land Development Ordinance, Section 400. 3. In the case of signs, see Article 7, pages 64 through 83. 4. For proposals to change the existing use of any land or building, the applicant shall fill out a form provided by the Zoning Officer. SECTION 202 Applications in Conservation and Gateway Districts 1. In addition to the information required in Section 201, applicants in the Conservation and Gateway Districts shall submit the following information: A. For new buildings: 1. A scale drawing, known as an elevation, showing the façade of the proposed building facing the street. 2. A description of the materials comprising the façade of the proposed building. B. For additions or alterations to existing buildings: 1. No less than one photograph of the façade of the building facing the street. 2. A sketch of the proposed changes to the façade or addition to the building. 3. A written description of the proposed changes to the façade or addition to be constructed, including the materials to be used. C. For fences and sheds: 1. A photograph or sketch showing the appearance of the proposed fence or shed from the street. 2. A scale drawing showing the location of the fence or shed on the property. ZONING 2 ZONING ARTICLE 2 SECTION 203 Permits Applications 1. No building shall be occupied or used until a Certificate of Occupancy is issued by the Zoning Officer. Certificates will only be issued after the Zoning Officer determines the building is sound and meets the provisions of this Ordinance. 2. Permits will be valid for six months after they are issued, although the Zoning Officer may grant extensions of up to 90 days each. The permit will expire if the authorized work is suspended or abandoned for a period of six months after it begins. 3. The Zoning Officer may revoke a zoning permit in the case of any false statement or misrepresentation in either the application or the plans on which the zoning permit is based. If a zoning permit is revoked, any other permits issued on the strength of the zoning permit shall automatically become invalid. DETAILS For further information about this Article, see the Zoning Appendix, Sections A200 and A200.1, pages A3 and A4. ZONING 3 ZONING ARTICLE 3 SECTION 300 Establishment of Districts Districts Pottstown is divided into zoning districts listed in the chart below. Zoning districts of Pottstown neighborhoods that were mostly built more than 50 years ago are grouped together in a Conservation District overlay. Commercial areas adjacent to historic neighborhoods, and entryways to Pottstown’s historic areas, are grouped together in a Gateway District overlay. Special rules also apply to areas in a floodplain and for Pottstown’s Airport District. Conservation Gateway Contemporary Special Overlay NR TTN D NB DG GE GW P FO HB HM Neighborhood Residential Traditional Town Neighborhood Downtown Neighborhood Business Downtown Gateway Gateway East Gateway West Park Flex-Office Highway Business Heavy Manufacturing Floodplain Airport SECTION 301 Zoning Map An official map is on file in the office of Pottstown’s Zoning Officer in Borough Hall. This map is a part of this chapter and shall be known as the Pottstown Borough Zoning Map. Where there is any uncertainty, contradiction, or conflict as to the location of any zoning district boundary, the Zoning Officer shall make an interpretation. DETAILS For details about the Pottstown Borough Zoning Map, see the Zoning Appendix, Section A300 through A 301.1, page A5. ZONING 4 ZONING ARTICLE 3 CONSERVATION Districts SECTION 302 Conservation District -- Intent Pottstown is nearly fully built out. Less than five percent of Pottstown’s land area is vacant and suitable for building. Therefore, most future development in Pottstown will involve the renovation and alteration of existing buildings and the construction of new buildings interspersed with existing development. Changes in the appearance of existing buildings and new construction interspersed with existing historic buildings have a powerful impact on the established character and the social and economic well-being of the residents and property owners of Pottstown. One of Pottstown’s greatest assets is its heritage. Its oldest neighborhoods were built more than 100 years ago, and its downtown took its current form in the late 19th century. Nearly all of Pottstown’s residential areas are at least 50 years old. Through participation in numerous plans and studies, the people of Pottstown have said they want to preserve and enhance the traditional character of Pottstown. They like its rich architecture and its neighborhood feel, with sidewalks, street trees, and mixture of houses, offices and stores within walking distance of each other. Moreover, numerous studies have recommended that Pottstown’s future lies in building on its heritage. For example, a study by the Urban Land Institute noted: “For its size, Pottstown contains some of the oldest, most architecturally significant, charming housing stock in the Northeast. Some of this stock is very well maintained. Preserving it is not only vital to Pottstown’s long-term future, but could very well serve as a major tool for marketing the community.” Two early 20th century views of Pottstown Pottstown has two Historic Districts, in the downtown area and along High Street, certified by the Pennsylvania Bureau for Historic Preservation. In 2002, after officials visited Pottstown and reviewed documentation provided by the Borough, the Bureau for Historic Preservation declared the vast majority of Pottstown’s traditional neighborhoods, many of which are outside Pottstown’s Historic Districts, as eligible for listing on the National Register of Historic Places. The traditional neighborhoods outside the Historic Districts, and similar adjacent neighborhoods, are hereby incorporated into a Conservation District with the following purposes: Preserve the architectural integrity of traditional areas Ensure new buildings are compatible with existing traditional areas Find viable uses for old buildings that are no longer suitable for their original use ZONING 5 ZONING ARTICLE 3 CONSERVATION Districts SECTION 302 Conservation District -- Intent (continued) 1. It is the intent of the Conservation District to incorporate and utilize the requirements and provisions of Sections 603, 604, and 605 of the Pennsylvania Municipalities Planning Code to create such Zoning Ordinance provisions that will: A. Promote, protect, and preserve areas of historic significance B. Promote, protect, and facilitate preservation of areas with historic values C. Regulate the uses of structures at, near, or along places having unique historical architectural interest or value as contemplated by the relevant provisions of the Pennsylvania Municipalities Planning Code. SECTION 303 Conservation District – Effect 1. Within the Conservation District, the Borough shall regulate: A. The proposed demolition of any building with a footprint larger than 150 square feet B. Any proposed addition to an existing building, including its size, height and design C. The size, height, and design of any new building D. The location of any new building on a lot E. The location and design of parking lots for three or more spaces F. The location, size, and design of fences. 2. Within the Conservation District, the Planning Commission shall review: A. Any major alteration of a façade of any building visible from a public street SECTION 304 Conservation District – Review Procedure 1. Any applicant who seeks within the Conservation District to demolish a building, construct a building, construct an addition to an existing building, or erect a fence shall submit an application provided by the Borough. The application shall include the information described in Section 202 of this Article. A. The Planning Commission shall review the application and make a recommendation to Borough Council, which shall approve or deny the application based on the design guidelines in Sections 306 through 317 of this Article. 2. Any applicant who seeks to alter the façade of an existing building in the Conservation District shall submit an application provided by the Borough. The application shall include the information described in Section 202 1.B of this Article. A. If the Zoning Officer determines the proposed change meets the guidelines of this Ordinance, he shall issue a permit for the work. B. If there is any question as to whether the proposed change meets the guidelines of this Ordinance, the Zoning Officer shall refer the matter to the Pottstown Planning Commission to review the application and either recommend approval of the proposed alteration or recommend alternatives to the applicant. Recommendations shall be advisory only and shall not be considered as grounds for approving or denying an application. C. No permit shall be issued until the applicant has formally acknowledged he has received the recommendations of the Planning Commission. However, if the proposed change conforms to the Building Code and all other applicable state and borough ordinances, the Zoning Officer shall issue a permit for the work. The Zoning Officer shall act on all permit applications within 90 days of receiving them. ZONING 6 ZONING ARTICLE 3 CONSERVATION Districts CONSERVATION DISTRICT SUMMARY CHART This chart is designed for quick reference only. Specific requirements are stated in the design guidelines, Section 306 through Section 317. Category Demolition Architectural style Building placement Existing buildings Applicant must demonstrate there is no viable alternative. Retain architectural features wherever possible. Should have the average setbacks as existing buildings on the same block within a radius of 250 feet. Building size and width Building height Base, body, cap Proportion of building walls to openings Window and door openings visible from the street in existing historic buildings should not be enlarged or reduced. Building form Texture and pattern of exterior materials Additions Porches New materials, such as siding, should appear similar to original materials. No vinyl siding over brick or stone walls. Additions should be at the rear, in a very few cases the side, but not the front. Additions should be similar in form, scale and materials to existing building. Front porches and side porches facing a street should not be enclosed. If enclosure is absolutely necessary, the original elements, including proportion of walls to openings, must be retained. Accessory Buildings Fences and walls Parking lots New buildings Design review required for new buildings replacing demolished structures. Shall be compatible with the architectural style of existing historic buildings. Restrictions on materials for front and side fences facing a street. Height: Front fences: 3 feet Side fences facing street: 4 feet Interior side and rear fences: 6 feet Should be located to the rear of buildings whenever possible. Second choice: Side of buildings. Access should be from alley or side street whenever possible. Should be the average size as existing buildings on the same block within a radius of 250 feet, or appear to be from the street. Should be the average height of existing buildings on the same block within 250 feet. Should have base, body, cap similar to adjoining buildings. The proportion of walls to openings on walls visible from the street should be from 2:1 to 1:1. Buildings should match existing buildings on the same block as either vertical or horizontal form. Exterior building materials should be compatible with the materials used in nearby historic buildings. Porches needed on new buildings if adjacent buildings on the block have porches facing the street. The new porches should be similar in form, scale, and materials to existing porches. Garages should be same general size, height and placement as existing garages and similar accessory buildings on the same block within 250 feet radius. Storage sheds shall be no larger than 100 sq. feet. Restrictions on materials for front and side fences facing a street. Height: Front fences: 3 feet Side fences facing street: 4 feet Interior side and rear fences: 6 feet Should be located to the rear of buildings whenever possible. Second choice: Side of buildings. Access should be from alley or side street whenever possible. ZONING 7 ZONING ARTICLE 3 CONSERVATION Districts SECTION 305 Conservation District – Design Guidelines When reviewing applications for permits under this Ordinance, Pottstown Borough Council shall apply the design guidelines in Section 306 through Section 317. SECTION 306 Demolition 1. The demolition of any existing building of historic value should be considered a last resort, only after the applicant can either: A. Demonstrate that no other viable alternatives for reuse of the building exist. This would include 1. An analysis of the building’s adaptive re-use feasibility 2. Evidence that no feasible re-use has been found within an 18-month period 3. Evidence that no sales or rentals have been possible during an 18-month period of significant marketing, or B. Demonstrate that demolition of a building is an unavoidable and integral part of a construction scheme affecting a larger area than the building in question, which will, in the opinion of the Borough Council, provide substantial public benefit. 2. No building shall be demolished until a plat and design review of any proposed new buildings has been conducted by the Planning Commission and approved by Borough Council. The Bahr Arcade, and farmer’s market, Pottstown’s retail hub for nearly a century, was demolished in the early 1970s. Pottstown High School is now a parking lot The Pottstown Opera House, torn down for a parking lot The house at far left was demolished for a used car lot. The Merchants Hotel, photo at right, was demolished in the 1950s. Left, the Shuler House was demolished for urban renewal; the house at right was demolished for a pizzeria. ZONING 8 ZONING ARTICLE 3 CONSERVATION SECTION 307 Style of Architecture Districts Pottstown encourages property owners to rehabilitate existing historic buildings rather than redesign them. In the vast majority of cases, the best design is the building’s original design. Background: The following illustration demonstrates many of the details that define the characteristics of Pottstown buildings and give them their unique “personality”. The most important part of any building is its “façade,” the front of the building facing the street. Dormer windows Fishscale slate shingles Mansard roof Brackets Cornice Upper sash One over one sash Lower sash Sill Iron canopy Lintel Quoins Water table Stoop Design guideline for existing buildings: Pottstown encourages property owners, whenever possible, to retain or repair original architectural features such as cornices, lintels, windows and doors. If these features cannot be repaired, they should be replaced with reproductions of the originals. If this is not feasible, they should be replaced with features that are similar in size and scale to the original. The façade is the most important part of the building to conserve in its original form. ZONING 9 ZONING ARTICLE 3 CONSERVATION Districts SECTION 307 Style of Architecture (continued) Design guideline for new buildings: New buildings in the Conservation District shall be compatible with surrounding historic homes in: 1. Architectural style 2. Form, either horizontal or vertical 3. Base, body, and cap 4. Scale 5. Texture and pattern of exterior materials 6. Proportion of walls to openings. This new bungalow home in is similar in style and scale to many existing bungalow homes in Pottstown’s Rosedale section. These closely spaced three story homes in a new Canadian development would blend nicely with homes on Pottstown’s numbered streets or downtown streets like Chestnut, Walnut, Beech, South and Cherry. These new townhouses would be compatible with homes on many residential streets close to downtown Pottstown. These new homes in Charlotte, NC, blend perfectly with existing Victorian homes in the neighborhood. They would be compatible with houses on High Street east of the Hill School. While there are no homes that look like this in Pottstown, these townhouses are compatible in form, scale, and proportion of walls to openings to many historic Pottstown buildings. This house would be appropriate in many Pottstown locations. ZONING 10 ZONING ARTICLE 3 CONSERVATION SECTION 308 Placement of Buildings Districts 1. Setback from the street: The distance of a new principal building from the curb of the street shall be either: A. The average distance of the existing buildings on the same block facing the same street within a radius of 250 feet. B. Or the same distance as at least 30 percent of the buildings on same block facing the same street within a radius of 250 feet. This distance may be adjusted by as much as 30 percent, unless all buildings on the same block facing the same street have the same setback. This distance also applies to additions to existing buildings. 2. Setback from other buildings: The minimum distance between any new principal building and existing buildings shall be: A. The average distance between the existing buildings on the same block facing the same street within a radius of 250 feet. This distance may be adjusted by as much as 30 percent. This distance also applies to additions to existing buildings. 3. Setback from rear lot line: The minimum distance of any new principal building from the rear lot line shall be: A. The average rear yard distance of the existing buildings on the same block facing the same street within a radius of 250 feet. This distance may be adjusted by as much as 50 percent. This distance also applies to additions to existing buildings. These early 20th century homes along High Street are similar in height and mass and are spaced evenly, giving the block a pleasing appearance. How to measure distances: Distances can either be measured in the field or by using GIS or Sanborn maps available at Pottstown Borough Hall. Setback from curb line: A property owner wishes to subdivide the lot at 246 Chestnut Street, shown on the next page, and construct a new building. Using the Sanborn map, we see there are 18 buildings facing the street on the block. At least 30 percent of the buildings are placed adjacent to the sidewalk (9 feet back from the curb), so the new building may be placed nine feet back from the curb (adjacent to the sidewalk). Alternately, we can add the setbacks of all 18 buildings and divide by 18 to get an average setback of 12 ½ feet from the curb, which may be adjusted by as much as 30 percent, for a possible setback of 9 feet to 16 feet from the curb. ZONING 11 ZONING ARTICLE 3 CONSERVATION Districts SECTION 308 Placement of Buildings (continued) How to measure distances (continued): Setback from other buildings: Measuring the total distance between the 18 buildings on the block and dividing by 18, we reach an average distance of 11.6 feet. This can be adjusted by as much as 30 percent, so a new building may be placed, as a minimum distance, 8 feet from neighboring buildings. Setback from rear lot line: Measuring the total distance of the existing 18 buildings from their rear lot line and dividing by 18, we reach an average distance of 65 feet. This figure may be adjusted by 50 percent, so a new building may be placed, as a minimum distance, 33 feet from the rear lot line. A 1907 Sanborn map of Pottstown shows the footprint of every building on the 200 block of Chestnut Street. The block has remained the same for nearly 100 years. Note the buildings are generally proportionate in size, shape, setback from the street, and sideyards. A new building here should have about the same sideyards and setbacks as the existing buildings. Chestnut Street A new building here should have about the same sideyards and setbacks as the existing buildings. ZONING 12 ZONING ARTICLE 3 CONSERVATION Districts SECTION 308 Placement of Buildings (continued) 4. Setbacks in undeveloped areas: In cases where a new principal building is proposed in an area of the Neighborhood Residential District or the Traditional Town Neighborhood District where no block structure exists or where there are fewer than four existing principal buildings on the block facing the same street, the applicant shall use the closest block with at least four principal buildings facing the same street to determine the size, setbacks and height of new buildings. For lots of an acre or more in the Neighborhood Residential and Traditional Town Neighborhood, see Section 403, Large Lot Conditional Uses. 5. Setbacks for corner lots: A. For buildings to be constructed at the intersection of two streets, the setback for the side of the building shall be: 1. The average distance of the existing buildings adjacent to the same corner. 2. Or the same distance as at least one of the buildings adjacent to the same corner. B. Whenever possible, the entrance shall be located on the corner. SECTION 309 Building Size 1. A new building, or an existing building with a new addition, should be either the A. The average size of other buildings on the same block facing the same street within a radius of 250 feet, or B. The average size of at least 30 percent of the buildings on the same block facing the same street within a radius of 250 feet. C. The average size as determined in A. or B. above may be adjusted as much as 30 percent. 2. In Neighborhood Residential or Traditional Town Neighborhood Districts: A new building, or an existing building with a new addition, may be 30 to 100 percent larger than other buildings facing the same block as a conditional use if the applicant can demonstrate to the satisfaction of Borough Council that the façade of the new building will be compatible with existing buildings on the block regarding: A. Form, either horizontal or vertical B. Base, body, and cap C. Scale D. Texture and pattern of materials E. Proportion of walls to openings 3. In all cases, the new building or existing building with a new addition must conform to the side yards and setbacks in Section 308, the height limitations in Section 310, and meet all other provisions of this ordinance. 4. In the Downtown District: A new building, or an existing building with a new addition, may be of any size as a conditional use if the applicant can demonstrate to the satisfaction of Borough Council that building a larger structure will be compatible with the existing buildings on the block regarding: A. Form, either horizontal or vertical B. Base, body, and cap C. Scale D. Texture and pattern of exterior materials E. Proportion of walls to openings 5. In all cases, the building must conform to the side yards and setbacks in Section 308, the height limitations in Section 310, and meet all other provisions of this ordinance. ZONING 13 ZONING ARTICLE 3 CONSERVATION SECTION 310 Building Height Districts Background: Building height is the vertical distance from the grade at the front of the building to the top of the roof for buildings with flat roofs. For other buildings, the perceived height is measured as Illustrated below. Cupolas, towers, or turrets of less than 50 square feet are not counted when measuring height. Perceived height Perceived height Perceived height These buildings along Hanover Street all have about the same perceived height 1. Design guideline: The height of new buildings shall be either: A. Within 15 percent of the perceived height of the buildings on either side of the new building, or B. Within 15 percent of the average perceived height of the buildings facing the same side of the block within a radius of 250 feet. 2. In the Downtown District: A building may be up to 60 feet high as a conditional use if the applicant can demonstrate to the satisfaction of Borough Council that building a higher structure will be compatible with existing buildings facing the same block regarding base, body and cap; form; scale; texture and pattern of exterior materials; and proportion of walls to openings. ZONING 14 ZONING ARTICLE 3 CONSERVATION SECTION 311 Base, Body and Cap Districts Background: The front façade of most Pottstown buildings have three primary components: Base – A portion of a building foundation, or in the case of stores, the first floor of a building, which is distinct from the upper floors. Body – One or more architecturally similar stories which are distinct from the Base. Cap – The roof of a building, including a cornice or parapet where the Body of the building ends. Cap Body Base Cap Body Base 1. Design guideline: For the front façade of existing buildings: A. For renovations and alterations, a distinct base, body and cap should be retained. 2. For the front façade of new buildings: A. Each new building should have a distinct base at the street level, a body with a consistent character for the main or upper stories, and a cap. B. The base, body and cap should roughly line up with the base, body, and cap of adjoining buildings. ZONING 15 ZONING ARTICLE 3 Districts CONSERVATION SECTION 312 Proportion of Building Walls to Openings Background: The number and size of windows and doors in a building strongly affect its appearance. The amount of open space in a wall can be expressed as a ratio. For example, a building with twice as much wall space as windows and doors would have a 2 to 1 ratio. Most of Pottstown’s historic buildings have a wall to openings ratio between 2 to 1 and 1 to 1. Some new buildings have walls that are largely glass or largely wall. To be compatible with Pottstown’s existing buildings, they should have wall to openings ratios between 2 to 1 and 1 to 1. This building has a wall to opening ratio of 1 to 1. This building has a wall to opening ratio of 1 to 1. In contrast, the building at left has a wall to opening ratio of 10 to 1. It would not be compatible with historic buildings in Pottstown’s Conservation District. Design guideline: 1. For the front façade of existing buildings: A. If windows and doors are replaced, the new ones shall use the same space as the windows and doors they are replacing. They shall not create a larger or smaller opening in the wall. If the property owner can demonstrate that the current doors and windows are not original, the façade may be restored to its original proportion of wall to opening 2. For the front façade of new buildings or additions: A. A new building must have a proportion of wall to opening ranging from 2 to 1 to 1 to 1. 3. Dark tinted or reflective glass in windows is prohibited. ZONING 16 ZONING ARTICLE 3 CONSERVATION SECTION 313 Building Form Districts Background: Buildings are usually either vertical or horizontal in shape. Pottstown’s Victorian era buildings are usually vertical – narrow and tall. Vertical In the Victorian era, even very wide buildings often appear to be vertical because their windows and doors are taller than they are wide, and they are grouped together vertically. Another method to make a wide building appear vertical is to break the facade into separate sections through the use of setbacks. Neutral window 1 1 Horizontal 3 1 Vertical window In Pottstown’s North End neighborhoods, ranch-style homes constructed in immediately after World War II are horizontal – wider than they are tall. 1. Design guideline: New buildings shall match adjacent buildings to determine whether they will have a vertical or horizontal orientation. If a new building is considerably larger than adjoining vertical buildings, its façade shall be divided into vertical sections. ZONING 17 ZONING ARTICLE 3 CONSERVATION Districts SECTION 314 Texture and Pattern of Materials Background: From the colonial era to the Second World War, most buildings in Pottstown were constructed of brick. A relative few were made of stone or wood. After the war, many houses were constructed of asphalt shingles and aluminum siding. In recent years, stucco and various synthetic siding materials have been used. Design guideline: 1. For existing buildings: A. Brick walls of buildings visible from any public right-of-way shall not be covered with vinyl or aluminum siding, stucco, or any other such materials. B. If new materials are used to cover existing exterior walls that are constructed of materials other than brick, they should be similar in appearance to those of other buildings facing the same the block within a radius of 250 feet. 2. For new buildings: A. The exterior materials of new buildings should be similar in appearance to those of existing buildings facing the same block within a radius of 250 feet. B. New materials not found on other buildings on the block may be judged acceptable if, in the judgment of the Borough, the new building conforms with existing buildings in other ways, such as height, form, scale, and proportion of wall to openings. SECTION 315 Additions 1. Because facades are so important to the appearance of a building, additions should be avoided at the front of a building. Whenever possible, additions should be constructed at the rear of a building, or the least conspicuous side. The more visible the addition from the street, the more important compatibility becomes. 2. Design guideline: When reviewing proposals for additions, the Borough shall judge its suitability based on: A. Placement B. Height C. Proportion of wall to openings D. Form E. Texture and pattern of exterior materials F. Architectural style Original proposed addition Original building The Jefferson Elementary School has been converted to apartments for seniors. The applicant originally proposed an addition that was not compatible in style, height, and form. Approved addition as modified Original building At the request of the Planning Commission, the applicant agreed to build an addition that is compatible in placement, height, proportion of wall to openings, form, exterior materials, and style to the original building. ZONING 18 ZONING ARTICLE 3 CONSERVATION SECTION 316 Porches Districts Background: Porches are a common element of traditional Pottstown homes. They are semienclosed with a roof attached to the building and supported by columns, allowing people to sit outdoors protected from the elements. Occasionally property owners will enclose a porch to provide more living space, but it is almost always at the cost of degrading the appearance of the building. Porches like the ones above are integral parts of the building design. It would be difficult to enclose them without destroying the appearance of the building. . Left, the rotted original columns of a porch are being replaced with new wood that matches the original. Right, an enclosed porch retains its original columns and openings. Design guideline: 1. Front porches and side porches that face a street shall not be enclosed, except by glass or screens that leave intact the original elements of the porch – the open space, the railings, columns and roof. 2. When columns and railings need replacement, they shall be replaced with the same materials as the original or materials that are similar in appearance to the original. Wrought iron or aluminum columns shall not replace wooden elements. Wooden railings and columns shall be painted. ZONING 19 ZONING ARTICLE 3 CONSERVATION SECTION 317 Fences and Walls Districts Background: Fences and walls are another integral part of Pottstown neighborhoods. Traditionally, fences in front yards have been short enough so people could easily talk over them. They have been made of wood, wrought iron, or brick. In areas where buildings have been built up against the sidewalk, however, fences have formed part of the street edge and sometimes are as high as six feet. This wooden picket fence separates the side and front yard from the sidewalk, yet remains compatible with other front and side yards on the block without fences. Wrought iron is the most typical material used for front yard fences in Pottstown. Where buildings are placed up against the sidewalk, fences and walls can be higher. 1. Design guideline: One type of fence shall be used from the choices listed below: Location Maximum height Materials Front yard 3 feet Brick Ornamental iron Ornamental aluminum or steel designed to look like iron Side yard adjacent 4 feet Stone to a street (alleys Wood in the form of a picket fence excluded) Vinyl designed to look like wood in the form of a picket fence Vinyl designed to look like iron Rear yard adjacent to a street (alleys excluded) Front or side yard 6 feet Brick of a building that Ornamental iron abuts sidewalk Ornamental aluminum or steel designed to look like iron Stone Wood Vinyl designed to look like wood or iron Stucco over concrete block, capped with brick or stone Interior side yard 6 feet Any common fence material Rear yard The most aesthetic side of fences shall face the exterior of properties. ZONING 20 ZONING ARTICLE 3 CONSERVATION Districts SECTION 318 Neighborhood Residential (Conservation) 1. Intent: To maintain and enhance historic neighborhoods consisting mostly of single family housing with only a few non-residential uses. 2. Permitted Uses Dwelling -- single family detached Dwelling -- single family semi-detached 4. Accessory Uses 3. Conditional Uses (See Conditional Uses -- Sections 400-401) Cemetery Church Child Care Facility -- Family Day Care Dwelling -- single family attached Golf course Garage -- private Park Greenhouse School Home occupation Utility Company Operational Facility Parking lot Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Storage shed (Maximum 100 square feet) Swimming pool 5. Existing Building Conditional Uses (See Section 402) Any existing apartment building: Dwelling – apartment/condominium Offices (except client-based social service provider) on first floor, and dwelling – apartment/condominium on upper floors Offices (except client-based social service provider) Any existing non-residential building: Offices (except client-based social service provider) ZONING 21 ZONING ARTICLE 3 CONSERVATION Districts SECTION 319 Traditional Town Neighborhood (Conservation) 1. Intent: To preserve and enhance historic neighborhoods that are predominantly residential, but also have a small number of stores and offices mixed in with the housing. 2. Permitted Uses 3. Conditional Uses (See Conditional Uses -- Sections 400-401) Dwelling – apartment/condominium (minimum 2,400 sf on ground floor) Cemetery Dwelling -- single family detached Dwelling -- single family semidetached Church Child Care Facility Dwelling -- single family attached School Social club 4. Accessory Uses Garage -- Private Utility Company Operational Facility Greenhouse Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Home occupation 5. Existing Building Conditional Uses (See Section 402) Parking lot Any existing non-residential building: Storage shed (Maximum 100 square feet) Office (except client-based social service provider) Swimming pool 6. Special exceptions (see Section A319) Dwelling – boarding home Dwelling – convalescent home Dwelling – group home Dwelling – tourist home/bed and breakfast Office (except client-based social service provider) on first floor, and dwelling – apartment/condominium on upper floors Any existing non-residential building with a minimum of 1,500 square feet on the ground floor of the principal building: Direct retail Direct service Restaurant- Non alcoholic Any existing non-residential building consisting of two or more stories with a minimum of 2,400 square feet on the ground floor of the principal building: Apartment/condominium Any existing dwelling – apartment/condominium building: Office (except client-based social service provider), solely, or with Apartment/condominium on upper floors ZONING 22 ZONING ARTICLE 3 CONSERVATION Districts SECTION 320 Downtown (Conservation) 1. Intent: To preserve and enhance Pottstown’s historic central business district with a wide range of retail, business, professional, governmental, and urban residential uses. 2. 1. Permitted Uses 2. Conditional Uses (See Conditional Uses -- Bank and financial institution Child Care Facility Direct retail store Dwelling – apartment/condominium (in buildings with a minimum 2,400 square feet on the first floor) Direct service store Dwelling – apartment/ condominium (second floor and above only) Health and Fitness Center Hotel/motel Institutional/civic use Offices except client-based social service provider Restaurants Trade schools, second floor and above only 3. Accessory Uses Garage – Private Greenhouse Home occupation Parking lot Solid waste storage unit Storage shed (Maximum 100 square feet) Sections 400-401) Dwelling -- single family semi-detached, except on Hanover Street and High Street between York and Evans Streets. Dwelling -- single family attached, except on Hanover Street and on High Street between York and Evans Streets. Drive-through service windows as an accessory use Parking garage Parking lot Utility Company Operational Facility Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. 4. The following uses are prohibited on: High Street between York and Evans Streets Hanover Street between the Norfolk Southern tracks and Buttonwood Alley Charlotte Street between the Norfolk Southern tracks and Buttonwood Alley General offices on the first floor Adult entertainment establishments Indoor amusement places, including arcades Check cashing establishments Fortune telling establishments Institutional uses, including hospitals and churches Massage parlors Pawn shops Tattoo and body piercing establishments Outdoor storage, including vending machines Outdoor parking lots when not an accessory use ZONING 23 ZONING 24 ZONING ARTICLE 3 GATEWAY SECTION 321 Gateway District – Intent Districts Pottstown’s gateway districts form the major entryways to downtown Pottstown and its historic neighborhoods. They do much to establish the initial impression of Pottstown. Unfortunately, these areas include some of the least attractive development in the Borough. After the Second World War, a new form of development evolved that was much different from Pottstown’s downtown and traditional neighborhoods. Located on the eastern and western edges of Pottstown along its major thoroughfare, High Street, this development was geared almost entirely to automobile use. It usually consisted of modest buildings with large parking lots in front of them. At the crossroads of other thoroughfares, such as Charlotte and Wilson Streets, and Hanover Street and Farmington Avenue, other small businesses cropped up that were designed for the automobile. Meanwhile, automobile-oriented industrial uses evolved at the southern entrance of Pottstown, Hanover Street. These uses are convenient for people in cars, but not very attractive, and certainly not compatible with adjacent historic residential neighborhoods. Although the use of the car is essential to keep these businesses viable, it is the intent of Pottstown Borough to encourage the revitalization and redevelopment of these areas to make them more attractive and more compatible with surrounding historic neighborhoods. In the long term, Council believes, this will enhance their economic viability for the future and improve Pottstown’s quality of life. SECTION 322 Gateway District – Effect 1. Within the Gateway District, the Borough shall regulate: A. The proposed demolition of any building with a footprint larger than 150 square feet and located in a district declared eligible for the National Register of Historic Places by the Pennsylvania Bureau for Historic Preservation B. Any proposed addition to an existing building C. The size and height of any new building D. The location of any new building on a lot E. The location and design of parking lots F. The location and size of fences G. The design of fences as part of any land development plan 2. Within the Gateway District, the Planning Commission shall review: A. Any major alteration of a façade of any building visible from a public street B. The design of new buildings C. The design of fences SECTION 323 Gateway District – Design Review Procedure for Existing Buildings 1. Any applicant who seeks within the Gateway District to demolish a building, construct an addition to an existing building, or erect a fence shall submit an application provided by the Borough. The application shall include the information described in Section 202 of this Article. A. The Planning Commission shall review the application and make a recommendation to Borough Council, which shall approve or deny the application based on the design guidelines in Section 326 through Section 331 of this Article. ZONING 24 ZONING ARTICLE 3 GATEWAY Districts SECTION 323 Gateway District – Design Review Procedure for Existing Buildings (continued) 2. Any applicant who seeks to alter the façade of an existing building in the Gateway District shall submit an application provided by the Borough. The application shall include the information described in Section 202 1.B of this Article. A. If the Zoning Officer determines the proposed change meets the guidelines of this Ordinance, he shall issue a permit for the work. B. If there is any question as to whether the proposed change meets the guidelines of this Ordinance, the Zoning Officer shall refer the matter to the Pottstown Planning Commission to review the application and either recommend approval of the proposed alteration or recommend alternatives to the applicant. C. No permit shall be issued until the applicant has formally acknowledged he has received the recommendations of the Planning Commission. However, if the proposed change conforms to the Building Code and all other applicable state and borough ordinances, the Zoning Officer shall issue a permit for the work. The Zoning Officer shall act on all permit applications within 90 days of receiving them. SECTION 324 Gateway District – Design Review Procedure for New Buildings 1. Any applicant who seeks to construct a new building and/or fences in the Gateway District shall submit an application provided by the Borough. The application shall include the information described in Section 202 1.B of this Article in addition to the material required in the Subdivision and Land Development process. A. If the Zoning Officer determines the proposed construction meets the guidelines of this Ordinance, he shall issue a permit for the work. B. If there is any question as to whether the proposed construction meets the guidelines of this Ordinance, the Zoning Officer shall refer the matter to the Pottstown Planning Commission to review the application and either recommend approval of the proposed construction or recommend alternatives to the applicant. Recommendations shall be advisory only and shall not be considered as grounds for approving or denying an application. C. No permit shall be issued until the applicant has formally acknowledged he has received the recommendations of the Planning Commission. However, if the proposed construction conforms to the Building Code and all other applicable state and borough ordinances, the Zoning Officer shall issue a permit for the work. The Zoning Officer shall act on all permit applications within 90 days of receiving them. SECTION 325 Gateway District – Design Guidelines When reviewing applications for permits under this Ordinance, the Pottstown Planning Commission and Pottstown Borough Council shall apply the design guidelines in Section 326 through Section 331. ZONING 25 ZONING ARTICLE 3 GATEWAY SECTION 326 Demolition Districts 1. In any district declared eligible for listing in the National Register of Historic Places, the demolition of any existing building of historic value should be considered a last resort, only after the applicant can either: A. Demonstrate that no other viable alternatives for reuse of the building exist. This would include: 1. An analysis of the building’s adaptive re-use feasibility 2. Evidence that no feasible re-use has been found within an 18-month period 3. Evidence that no sales or rentals have been possible during an 18-month period of significant marketing, or B. Demonstrate that demolition of a building is an unavoidable and integral part of a construction scheme affecting a larger area than the building in question, which will, in the opinion of Borough Council, provide substantial public benefit. 2. No building shall be demolished until a plat and design review of any proposed new buildings has been conducted by the Planning Commission and approved by Borough Council. GATEWAY DISTRICT SUMMARY CHART This chart is designed for quick reference only. Specific requirements are stated in the design guidelines, Section 326 through Section 334. Category Demolition Architectural style New Buildings Additions Existing Buildings Review required in district eligible for National Historic Register When renovating, modify building when possible to reflect architectural style of adjoining historic neighborhoods Placement Proportion of building walls to openings Texture and pattern of materials Fences and walls Parking lots Lot size, building placement, building size and height Window and door openings visible from the street in existing historic buildings should not be enlarged or reduced. When renovating, modify building when possible to reflect the texture and pattern of construction materials in adjoining historic neighborhoods Front fences: 3 feet Side fences facing street: 4 feet Interior side and rear fences: 6 feet Restrictions on materials for front and side fences. Should be located to the side and rear of buildings when possible. See charts, Sections 332 through 334, pages 30 through 34. New Buildings Design review required for replacement buildings Architectural style should be compatible with adjoining historic neighborhoods Buildings should face a principal street downtown. The proportion of walls to openings on walls visible from the street should be from 2:1 to 1:1. Construction materials should reflect the texture and pattern of construction materials in adjoining historic neighborhoods. Front fences: 3 feet Side fences facing street: 4 feet Interior side and rear fences: 6 feet Restrictions on materials for front and side fences. Should be located to the side and rear of buildings when possible. See charts, Sections 332 through 334, pages 30 through 34. ZONING 26 ZONING ARTICLE 3 GATEWAY Districts SECTION 327 Architectural Style and Additions Downtown Pottstown and Pottstown’s traditional neighborhoods were built in a number of distinctive styles which give the borough its pleasant character. Various examples are pictured in the Conservation District Sections 307 through 316. 1. Design guideline: New buildings within the Gateway Overlay District should be compatible with these styles. As existing buildings are renovated, and additions constructed, they should be designed to be compatible with the styles of existing buildings in adjacent traditional neighborhoods. = Pottstown’s new Borough Hall, right, was designed to complement the former First Union bank building, left. Both are made of brick, have vertical arched windows, similar height, and similar bulk. = The Hill School’s new academic building, above, was designed to be compatible with existing buildings on campus, left. = There are many styles in Pottstown’s traditional neighborhoods that can easily be reflected in new or renovated buildings in Pottstown’s Gateway Districts. For example, the auto service station at right reflects the Tudor style, as seen as the home, left, in Pottstown’s neighborhood residential district. ZONING 27 ZONING ARTICLE 3 GATEWAY Districts SECTION 327 Architectural Style and Additions (continued) A lackluster gas station was inexpensively remodeled into an attractive convenience store to blend with more traditional architecture in Niagara-by-the-Lake. This convenience store, with an island for dispensing gasoline, is built of brick, with a standing seam hip roof, making it compatible with traditional neighborhoods. This McDonald’s Restaurant in Freeport, Maine, made use of an existing farmhouse (left photo) with parking to the side and a compatible addition to the rear (right photo), to blend in with nearby traditional neighborhoods. A building like this would be appropriate in Pottstown’s downtown Gateway district. This Banana Republic clothing store in Freeport is designed to look like a house. A building like this in the Gateway district would be compatible with Pottstown’s traditional neighborhoods. This bank building, with parking to the side or rear, would make an excellent fit for Pottstown’s Gateway East or Gateway West districts. ZONING 28 ZONING ARTICLE 3 GATEWAY SECTION 328 Placement Districts In the downtown gateway district, buildings should face a principal street. SECTION 329 Proportion of Building Walls to Openings Background: The number and size of windows and doors in a building strongly affect its appearance. The amount of open space in a wall can be expressed as a ratio. For example, a building with twice as much wall space as windows and doors would have a 2 to 1 ratio. Most of Pottstown’s historic buildings have a wall to openings ratio between 2 to 1 and 1 to 1. To be compatible with Pottstown’s existing buildings, new buildings in Pottstown’s Gateway Districts should have wall to openings ratios between 2 to 1 and 1 to 1. SECTION 330 Texture and Pattern of Materials Design guideline: 1. For existing buildings: A. Brick walls of buildings visible from any public right-of-way shall not be covered with vinyl or aluminum siding, stucco, or any other such materials. B. In the case of other existing walls, if new materials are used to cover them, the materials should be compatible with the materials on buildings in adjacent traditional neighborhoods, such as wood and brick. 2. For new buildings: A. The exterior materials of new buildings should be similar in appearance to those of existing buildings in adjacent traditional neighborhoods, such as wood and brick. B. New materials not found on existing buildings in adjacent traditional neighborhoods may be judged acceptable if, in the judgment of the Borough, the new building conforms in other ways, such as height, form, and proportion of walls to openings. 3. Dark tinted or reflective glass in windows is prohibited. SECTION 331 Fences and Walls 1. Design Guideline: Fences and walls shall be placed according to the following chart: Location Front yard Maximum height 3 feet Side yard adjacent to a street (alleys excluded) 4 feet Rear yard adjacent to a street (alleys excluded) Front or side yard of a building that abuts sidewalk Interior side yard Rear yard 6 feet 6 feet Materials Brick Ornamental iron Ornamental aluminum or steel designed to look like iron Stone Wood in the form of a picket fence Vinyl designed to look like wood in the form of a picket fence Vinyl designed to look like iron Brick Ornamental iron Ornamental aluminum or steel designed to look like iron Stone Wood Vinyl designed to look like wood or iron Stucco over concrete block, capped with brick or stone Any common fence material ZONING 29 ZONING ARTICLE 3 Districts GATEWAY SECTION 332 Neighborhood Business (Gateway) 1. Intent: To enhance small areas for businesses that predominantly serve the surrounding neighborhood while eliminating any undesirable impacts that these businesses might cause to those neighborhoods. 2. Permitted Uses Direct retail store of 3,000 square feet or less Direct service store of 3,000 square feet or less 3. Conditional Uses (See Conditional Uses -- Sections 400-401) Car wash Convenience Store with Gasoline Dispensing Center Drive-through window as an accessory use Dwelling – apartment/condos, if located on the upper floors of a building with a store or office Neighborhood automobile service station Office, except client-based social service provider Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Utility Company Operational Facility Restaurant, other than a drive-in restaurant 4. Accessory Uses Parking lot Solid waste storage unit Storage shed (Maximum 200 square feet) 5. Requirements for lot area, building setbacks, and building size: Standard Minimum lot area Minimum open space Maximum building coverage Front setback Minimum side setback Minimum rear setback Minimum lot width Minimum lot depth Maximum building height Minimum building coverage Size 2,000 square feet 10 percent 75 percent From 0 to15 feet 0 20 feet 20 feet 100 feet 35 feet 35 percent Size for auto service station 7,000 square feet 10 percent 45 percent From 0 to 20 feet 10 feet 20 feet 70 feet 100 feet 35 feet 25 percent ZONING 30 ZONING ARTICLE 3 DOWNTOWN GATEWAY Districts SECTION 333 Downtown Gateway (Gateway) 1. Intent: To promote the redevelopment of existing vacant industrial sites at the entryway to the downtown, creating a pleasant mixture of stores, homes, and offices that will complement the downtown to the north, the historic residential neighborhood to the east, and the Schuylkill River and Greenway to the south. 2. Permitted Uses 3. Conditional Uses Bank and financial institution Child Care Facility -- Day Care Center Direct retail store Child Care Facility -- Family Day Care Home Direct service store Dwelling – Apartment/condominium (second floor and above ) Health and fitness center Hotel/motel The following light manufacturing if less than 20,000 square feet: (See Conditional Uses -- Sections 400-401) Child Care Facility -- Group Day Care Home Dwelling, attached single family (No Hanover Street frontage) Drive-through service windows as an accessory use Manufacture and assembly of small electrical appliances and parts such as lighting fixtures, fans, electronic measuring and controlling devices, radio and television receivers, and home electronic equipment, not including electrical machinery Indoor entertainment (excluding adult entertainment Manufacture of boxes, containers, bags, and other packaging products from previously prepared materials, but specifically excluding the manufacture of paper from pulp. Parking lot Manufacture, assembly and packaging of jewelry, watches, clocks, optical goods and professional and scientific instruments Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Manufacture, compounding, processing, packaging, or treatment of bakery goods, confections, candy and dairy products Printing, publishing, lithographing, binding and similar processes Parking garages Utility Company Operational Facility 4. Existing Building Conditional Uses (see Section 402) Scientific research laboratory or other experimental testing establishment Office (except client-based social service provider) Any existing building two or more stories high with a minimum of 2,400 square feet on the ground floor: Restaurant (excluding drive through facilities) Dwelling -- apartment/condominium Park School Trade school (second floor and above) ZONING 31 ZONING ARTICLE 3 DOWNTOWN GATEWAY Districts SECTION 333 Downtown Gateway (Gateway, continued) 5. Accessory Uses Home occupation Solid waste storage unit Parking lot Storage shed (Maximum 100 square feet) 6. Requirements for lot area, building setbacks, and building size (except for accessory uses): Standard Minimum lot area Minimum open space Maximum building coverage Front setback Side setback Rear setback Maximum building height Minimum floor to area ratio Size 8,000 square feet 1,600 square feet for single family attached 10 percent 75 percent 0 feet minimum on Hanover, South, and Charlotte streets 10 feet minimum/ 25 feet maximum 0 feet/ 10 feet for single family attached structures 0 feet/ 10 feet for non-residential uses as a conditional use where the adjacent uses are deemed similar by Borough Council 25 feet 60 feet 40 percent (Area in parking garage is not included in calculating developed floor area) ZONING 32 GATEWAY EAST GATEWAY WEST ZONING ARTICLE 3 Districts SECTION 334 Gateway East and Gateway West (Gateway) 1. Intent: To improve the aesthetics of the eastern and western commercial entryways to Pottstown, making them more attractive and compatible with the nearby historic residential areas. 2. Permitted Uses Bank and financial institution Commercial greenhouses Direct retail store Automotive Repair Station (Gateway West only, rear of buildings only) Car wash Convenience Store with Gasoline Dispensing Center Direct service store Health and fitness center Hospital Drive-through windows as an accessory use Neighborhood automobile service station Trade School (Gateway West only, limited to automotive and machine training only) Hotel/motel Public park or non-profit recreation use Office, except client-based social service Restaurant 3. Conditional Uses (See Conditional Uses -- Sections 400-401) Utility Company Operational Facility Veterinary office and kennel Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Social club 4. Accessory Uses Home occupation Solid waste storage unit Parking lot Storage shed and other similar structures 5. Requirements for lot area, building setbacks, and building size: Standard Minimum lot area Minimum open space Maximum building coverage Front setback Side setback Rear setback Minimum lot width Minimum lot depth Maximum building height Minimum floor to area ratio Size 30,000 square feet 20 percent 75 percent 0-20 feet 15 feet 20 feet 150 feet 200 feet 35 feet 20 percent ZONING 33 ZONING ARTICLE 3 PARK SECTION 335 Park (Gateway) 1. Districts Intent: To preserve Pottstown’s last remaining natural areas, to promote active and passive recreation, and to improve access to the Schuylkill River and the Manatawny Creek. 2. Permitted Uses 4. Conditional Uses (See Conditional Uses -- Sections 400-401) Boat Launches Restaurants (no drive through facilities) Park Recreational Rental Facilities Picnic Areas Utility Company Operational Facility Trails Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Water Access Areas 3. Accessory Use Parking lot ZONING 34 ZONING ARTICLE 3 FLEX-OFFICE SECTION 336 Flex Office (Contemporary) 1. Districts Intent: To establish and improve areas for modern, efficient offices and industries that provide a wide variety of employment opportunities and enhance the community. To provide a variety of job-producing manufacturing industries in Pottstown’s Keystone Opportunity Zone, located along Keystone Boulevard. 2. Permitted Uses Food processing not including slaughter Health and fitness center Light manufacturing, assembly and processing Office, including client-based social service provider 3. Conditional Uses (See Conditional Uses – Sections 400-401) Utility Company Operational Facility Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Park Printing and publishing Research and development laboratories Warehouse The following uses are permitted along Keystone Boulevard only: Medium manufacturing, assembly and processing 4. Accessory Uses Parking lot Solid waste storage unit Storage shed and other similar structures 5. Requirements for lot area, building setbacks, and building size: Standard Minimum lot area Minimum open space Maximum building coverage Front setback Side setback Rear setback Minimum lot width Minimum lot depth Maximum building height Minimum floor to area ratio Size 30,000 square feet 20 percent 75 percent 20 feet 15 feet 20 feet 150 feet 200 feet 55 feet 20 percent* * 15 percent if full-time employment exceeds 12 persons per acre ZONING 35 Districts HIGHWAY BUSINESS ZONING ARTICLE 3 SECTION 337 Highway Business (Contemporary) 1. Intent: To preserve and enhance general commercial areas where customers reach individual businesses primarily by automobile. 2. Permitted Uses Automotive repair station Automotive service station Automobile, truck and construction equipment sales and service Restaurant, including fast food with or without drivethrough service. Social club Utility company operational facility Bank and financial institution Veterinary office and kennel Car wash Warehouse Commercial greenhouse Convenience Store with Gasoline Dispensing Center 3. Conditional Uses (See Conditional Uses – Sections 400-401) Direct retail store Mobilehome park Direct service store Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Health and fitness center Hotel/motel Neighborhood automobile service station 4. Accessory Uses Parking and drive area Office, except client-based social service provider Parking lot Outdoor Auction/Flea Market Solid waste storage unit Rental storage Storage shed 5. Requirements for lot area, building setbacks, and building size: Standard Minimum lot area Minimum open space Maximum building coverage Front setback Side setback Rear setback Minimum lot width Minimum lot depth Maximum building height Minimum floor to area ratio Size 30,000 square feet 20 percent 60 percent 20 feet 15 feet 20 feet 150 feet 200 feet 55 feet 20 percent ZONING 36 ZONING ARTICLE 3 HEAVY MANUFACTURING Districts SECTION 338 Heavy Manufacturing (Contemporary) 1. Intent: To establish and preserve areas for necessary industrial and related uses of such a nature that they require isolation from many other kinds of land uses, and to make provision for commercial uses that are located most appropriately near industrial uses or that are necessary to service the immediate needs of people in these areas. 2. Permitted Uses Automobile, truck, and construction equipment sales and service 3. Conditional Uses- Sections 400-401 Building contractor Solid waste mechanical processing unit Food processing plant Adult establishment Utility Company Operational Facility Heavy manufacturing, processing, and assembly Junkyard Uses of the same general character as those listed in this chart, with the same or lesser impact on the community as determined by Borough Council. Office, except client-based social service provider Off-Premises Sign Research and development laboratory Trucking, carting, and hauling station. Utility company building, operational, storage, or repair facility Warehouse 4. Accessory Uses Parking lot Storage shed Solid waste storage unit 5. Requirements for lot area, building setbacks, and building size: Standard Minimum lot area Minimum open space Maximum building coverage Front setback Side setback Rear setback Minimum lot width Minimum lot depth Maximum building height Minimum floor to area ratio Size 20,000 square feet 5 percent 85 percent 20 feet 0 feet 20 feet except when abutting railroad 100 feet 200 feet 85 feet 20 percent ZONING 37 ZONING ARTICLE 3 FLOODPLAIN OVERLAY Districts SECTION 339 Floodplain Overlay District 1. Intent: To protect Pottstown residents and property owners from the dangers of floods, the floodplain of the Schuylkill River and its tributaries within Borough boundaries are incorporated into a Floodplain Overlay District. SECTION 340 Floodplain Boundaries 1. The identified floodplain area shall be those areas of Pottstown which are subject to a 100 year flood, as identified in the Flood Insurance Study dated December 19, 1996, and the most recent maps prepared for the Borough of Pottstown by the Federal Emergency Management Agency to accompany that study. The Flood Insurance Study Maps are located in the Pottstown Zoning Officer’s Office in Borough Hall. 2. Description of Floodplain Areas. The identified floodplain area consists of the following specific areas: A. Floodway Area: The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the Federal Emergency Management Agency. B. Flood Fringe Area: The remaining portions of the 100 year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the 100 year flood elevations as shown in the Flood Insurance Study. SECTION 341 Floodplain Regulations 1. The floodplain districts described in Section 340 shall be overlays to the existing underlying districts as shown on the official Pottstown Borough Zoning Map, and as such, the provisions for the Floodplain District serve as a supplement to the underlying district provisions. 2. In the Floodway Area, only uses such as agriculture, recreation, and storage that do not involve the construction of permanent buildings are permitted. 3. In the Flood Fringe Area, all structures shall be elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100 year flood. These structures shall also be designed to prevent pollution from the structure or activity during the course of a 100 year flood. DETAILS For details of these standards, see the Zoning Appendix, Section A339, pages A7 through A14. ZONING 38 ZONING ARTICLE 3 AIRPORT OVERLAY SECTION 342 Airport Overlay District Districts Intent: To protect people using the Pottstown Municipal Airport as well as the residents and property owners who live in the vicinity of the airport, an Airport Overlay District is created. SECTION 343 District Boundaries The boundaries of the Airport Overlay District are shown on the official Pottstown Borough Zoning Map located in the office of the Pottstown Zoning Officer in Borough Hall. SECTION 344 Effect To prevent accidents and eliminate safety hazards in the vicinity of the Pottstown Municipal Airport, certain height restrictions are imposed on all structures within the Airport Overlay District. In addition, any land use which interferes with navigational signals or radio communications between the airport and aircraft is restricted. DETAILS For details of these standards, see the Zoning Appendix, Section A342, pages A15 through A20. ZONING 39 ZONING 40 ZONING ARTICLE 4 Conditional Uses SECTION 400 Conditional Uses -- Applications 1. The following uses are permitted as Conditional Uses in those districts listed in Article 3. They shall meet the all the conditions listed. A. B. Application: 1. Every application for a conditional use shall be made on a form prepared by the Borough. Included with the application shall be a fee which shall be determined by Borough Council from time to time by resolution. 2. The application shall include the request for approval of conditional use and sufficient information to document compliance with the applicable standards of this Ordinance and the Pottstown Subdivision and Land Development Ordinance. 3. The Borough Secretary shall submit one copy of the application to the Pottstown Planning Commission, one to the Montgomery County Planning Commission for their reviews and recommendations. A copy shall also be submitted to Pottstown Borough Council and any other agencies or consultants whose review may be needed. Public Hearing: Before making any decisions, Borough Council shall conduct properly advertised public hearings. DETAILS For details about the public hearing process, decisions of Borough Council, and the right to appeal, see the Zoning Appendix, Section A400, page A21. SECTION 401 Conditional Uses 1. Adult Entertainment Uses See Appendix, Section A401.1, pages A21 and A22. 2. Automotive Repair Station A. In the Gateway West District, an automotive repair station may be permitted in any building existing at the time of the adoption of this ordinance, providing: 1. The use is confined to the rear of a building which is otherwise used exclusively for one or more of the uses permitted in Section 334.2. 2. The total use area, including outdoor storage (vehicles only) is at least 20 feet back from the front of the building, with all doors and other openings facing the side or the rear of the building. 3. An opaque fence six feet high shall screen the outdoor use area, so that no vehicles can be seen from High Street. The fence shall be constructed of brick, stone, wood, or vinyl designed to look like wood, or concrete-based stucco. At least three feet in front of the fence (facing High Street) shall be dedicated to plantings, including one shade tree for every 10 feet of fence or fraction thereof. 4. No vehicles shall be stored outside for more than three consecutive business days. ZONING 40 ZONING ARTICLE 4 3. Building Size A. Conditional Uses In the Neighborhood Residential District or Traditional Town Neighborhood District, a new building, or an existing building with a new addition, may be up to 100 percent larger than other buildings on the block as a conditional use if the applicant can demonstrate to the satisfaction of Borough Council that that building a larger structure will be compatible with the existing buildings on the block regarding: 1. Form, either horizontal or vertical 2. Base, body, and cap 3. Scale 4. Texture and pattern of exterior materials 5. Proportion of walls to openings This can usually best be accomplished by building to the rear, away from the street. B. In the Downtown District, a new building, or an existing building with a new addition, may be any size, and may be up to 60 feet in height, if the applicant can demonstrate to the satisfaction of Borough Council that building a larger structure will be compatible with the existing buildings on the block regarding: 1. Form, either horizontal or vertical 2. Base, body, and cap 3. Scale 4. Texture and pattern of exterior materials 5. Proportion of walls to openings 4. Car Wash A. Car washes shall be self-serve. B. No more than four bays shall be permitted. C. The outdoor service area shall be screened to the same standards as a Parking Lot. 5. Cellular Communications Antennas See Zoning Appendix, Section A401.4 pages A22 through A24. 6. Cemeteries Cemeteries shall be a minimum of five acres. Any crematory, columbarium, mausoleum, or similar structure shall be located at least 100 feet from any lot line. Any dwelling located in the cemetery shall be for the sole use of a caretaker. 7. Child care facility See Zoning Appendix, Section A401.6, pages A25 through A30. 8. Churches A. To be used as a church, an existing building must be at least 2,400 square feet on the ground floor and must meet the parking requirements in Section 600. ZONING 41 ZONING ARTICLE 4 Conditional Uses 8. Churches (continued) B. New church buildings must meet the following standards: 1. Standard Minimum open space Maximum building coverage, neighborhood residential Maximum building coverage, traditional town Minimum front setback, neighborhood residential Minimum front setback, traditional town Minimum side setback, neighborhood residential Minimum side setback, traditional town Minimum rear setback Maximum building height to cornice line Size 20 percent 50 percent 75 percent 15 feet 0 feet 15 feet 0 feet 20 feet 35 feet 9. Convenience Store with Gasoline Dispensing Center A. Convenience stores shall be limited to 3,000 square feet. B. No more than four gasoline-dispensing pumps shall be permitted, covered by no more than one canopy. The canopy shall be located at least 10 feet from any property line or street right-of-way. C. The parking area and service area shall be screened to the same standards as a Parking Lot. D. The applicant shall submit a litter control plan as part of the application for conditional use approval. E. Hours of operation shall be between 6 a.m. and 11 p.m. unless extended by Borough Council based on its proximity to residential areas. F. The applicant shall demonstrate to Borough Council that all lighting shall be shielded and reflected away from adjacent properties and streets and shall conform to the standards for illumination set forth in this Ordinance. 10. Drive-through Windows as an Accessory Use A. A drive-through service window may be approved as part of a project that will make an existing building or lot more compatible with the appearance and character of Pottstown’s traditional neighborhoods and downtown regarding: 1. Form, either horizontal or vertical 2. Base, body, and cap 3. Scale 4. Texture and pattern of exterior materials 5. Proportion of walls to openings. B. A drive-through service window shall be located on an interior side of the lot. Drive through service windows and traffic lanes are prohibited in the front of a building or a side yard which abuts a street. C. In the Downtown District, a drive through service window shall use an existing curb cut. A new curb cut may only be created if it will lead to the elimination of an existing curb cut and provide a safer and more attractive environment for pedestrians, bicyclists and cars than currently exists. ZONING 42 Conditional Uses ZONING ARTICLE 4 11. Dwelling, Attached Single Family (No Hanover Street Frontage) In order to ensure a mixture of commercial uses with housing in the Downtown Gateway District, the density of permitted attached single family dwellings (townhouses) varies in a sliding scale as shown below that varies in proportion to the amount of commercial development constructed at the same time. In all cases, the calculation of floor-to-area ratio will exclude any parking garage. No townhouses shall be permitted facing Hanover Street. Minimum developed floor-to-area ratio Maximum units per acre 40% 4 70% 7 100% 10 130% 13 160% 16 The charts below illustrate the wide range of possible scenarios for building attached single family dwellings along with commercial development in the Downtown Gateway District: This chart assumes townhouses of 2,000 square feet in a development that has a total floor-to-area ratio of 40% This chart assumes townhouses of 2,000 square feet in a development that has a total floor-to-area ratio of 70%. Land in general circulation 5% 20% 30% Land in townhouses Land in general circulation Land in townhouses 5% 22% Open Space Open Space 7% 37% Commercial Commercial 30% 38% This chart assumes townhouses of 2,000 square feet in a development that has a floor-to-area ratio of 130%. Sidewalks and parking 6% Sidewalks and parking This chart assumes townhouses of 2,000 square feet in a development that has a floor-to-area ratio of 223%. Land in general circulation Townhouses 5% 15% 40% Land in general circulation Townhouses 11% 5% Open Space 14% 33% Open Space Commercial 10% Commercial Parking garage 30% Parking garage 27% 10% Surface parking ZONING 43 ZONING ARTICLE 4 Conditional Uses 12. Dwelling, apartments (in buildings with a minimum 2,400 square feet on the first floor) A. Apartments may be approved part of a project that will enhance the appearance and character of Pottstown’s traditional neighborhoods by closely following the Conservation District guidelines. B. The Borough shall require a traffic study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic in the neighborhood. 13. Dwelling, single family attached A. Single family attached dwellings shall be permitted in neighborhoods where other single family attached dwellings existed on the same block, or within 250 feet, and within the same zoning district, at the time this Ordinance was adopted. No more than 6 single family attached dwellings may be constructed on one block. B. Single family attached dwellings shall be a minimum of 18 feet wide. Dwellings shall closely follow Conservation District guidelines. For parcels of 1 to 3 acres, see Large Lot Conditional Uses, Section 403. 14. Golf Course Golf Courses shall be a minimum of 20 acres and shall contain an accessory parking lot with a minimum of 50 parking spaces. 15. Kennels, Commercial (With or without an accompanying veterinary practice) A. No outdoor kennel shall be located within a minimum of 300 feet from any existing residence. B. Kennels shall be designed to effectively buffer all noise audible to surrounding properties. 16. Mobilehome Park 17. Neighborhood Automobile Service Station A. See the Zoning Appendix, Section A401.15, pages A31 and A32. A. All minor repair work, vehicle washing, lubrication, and installation of parts and accessories shall be performed within an enclosed building. B. All automobile parts, dismantled vehicles, and similar materials shall be stored within an enclosed building or in a back yard or interior side yard totally screened from view by a 6 foot high solid fence of wood, vinyl designed to look like wood, brick, stone, or stucco over concrete block (capped with brick, slate or stone). C. All vehicles awaiting repair shall be stored on site in approved parking spaces and under no circumstances shall such vehicles be stored on or obstruct access to a public right-of-way. ZONING 44 Conditional Uses ZONING ARTICLE 4 17. Neighborhood Automobile Service Station (continued) D. All fuel, oil, or similar substance shall be stored at least 25 feet from any property line. E. All lighting shall be shielded and reflected away from adjacent properties andstreets to prevent glare on adjacent properties. F. A canopy over the fuel pumps that is detached from the principal building may be erected provided that such structure be located at least 10 feet from any property line or street right-of-way. G. Accessory uses shall be 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 and do not include steam cleaning, body repairs, painting, or transmission, chassis, or engine repairs 18. Parking Garages A. Parking garages shall be designed, to the greatest extent possible, to appear as if they are inhabited by humans, not cars. Like other buildings, their facades shall be compatible with traditional Pottstown architecture. The first floor facade facing any street, not including alleys, shall be used for retail or commercial uses. If in the judgment of Borough Council this is not feasible, retail show windows to give the appearance of a traditional downtown shall be placed in the façade. Right, parking garage with first floor retail in Athens, GA. 19. Parking Lot A. No parking lot shall be located at the intersection of two streets. Parking lots may be located at the intersection of a street and an alley. B. In any area where a parking lot abuts a street, the fencing and landscaping requirements of Pottstown’s Zoning and Subdivision Ordinances shall be enhanced as follows: 1. C. A five foot planting strip shall be located on the interior of a perimeter fence with shade trees planted no farther than 20 feet on center. Shrubbery and other greenery in the planting strip is encouraged. No single parking lot shall be more than 25,000 square feet. ZONING 45 Conditional Uses ZONING ARTICLE 4 20. Parks See Appendix, Section A401.19, pages A32 and A33. 21. Recreation Rental Facilities 22. Restaurants (Park District) 23. School See Appendix, Section A401.20, page A33. See Appendix, Section A401.21, page A33. e pendix, Section A400.8, page A29. See Appendix, Section A400.8, page A29. A. Applicant shall demonstrate that the scale, location and intended use of existing and proposed buildings, the location of recreation areas, the relationship of the proposed use to existing streets and adjacent properties, and physical features do not present a deterrent to the protection of the health and safety of the pupils. 1. The applications shall indicate the grade levels of the pupils to be housed, the planned pupil capacity, and the contemplated eventual enrollment of the school. 2. Illumination for night time activities shall be shielded from illuminating adjoining streets and residential areas to prevent glare on adjacent properties. 3. The Borough may require a traffic study to ensure the proposed school will not adversely affect pedestrian, bicycle, and automobile traffic in the area. 4. The Borough may attach other conditions as may be necessary to protect the livability of the surrounding neighborhood. 24. Social Club 25. Solid Waste Facility 26. Theater or other Indoor Entertainment (excluding Adult Entertainment) A. Social clubs may be permitted provided the club is accorded non-profit status by the Internal Revenue Service and provided that eating, drinking, and sleeping facilities are clearly incidental to the purposes stated in its charter. See Appendix, Section A401.24, pages A33 and A34. See Appendix, Section A401.25, page A34. ZONING 46 ZONING ARTICLE 4 27. Conditional Uses Trade School (automobile or machinery related only) A. In the Gateway West District, a trade school related exclusively to automotive or machine repair may be permitted in any building existing at the time of the adoption of this ordinance, providing: 28. 1. The use is confined to the rear of a building which is otherwise used exclusively for one or more of the uses permitted in Section 334.2. 2. The total use area, including outdoor storage (vehicles only) is at least 20 feet back from the front of the building, with all doors and other openings facing the side or the rear of the building. 3. An opaque fence six feet high shall screen the outdoor use area, so that no vehicles can be seen from High Street. The fence shall be constructed of brick, stone, wood, or vinyl designed to look like wood, or concrete-based stucco. At least three feet in front of the fence (facing High Street) shall be dedicated to plantings, including one shade tree for every 10 feet of fence or fraction thereof. 4. No vehicles shall be stored outside for more than three consecutive business days. Utility Company Operational Facility Utility distribution lines that deliver service to the end user, and utility transmission lines that deliver service to an area larger than an individual parcel, shall be installed underground unless subsurface conditions make underground installation impossible or state or federal law preempts enforcement of this provision. Utility company operational facilities should, whenever possible, be located on interior properties rather than on properties aligned with other lots that have continuous street frontage. Buildings and other structures that cannot adhere to the scale, height, form, texture and pattern of materials, and architectural style shall be shielded by an opaque fence or fall appropriate to the district. All utility company operational facilities shall meet the performance standards in Section 502. ZONING 47 ZONING ARTICLE 4 Conditional Uses Section 402 Existing Building Conditional Uses 1. 2. 3. Direct retail A. Direct retail may be approved part of a project that will closely follow the Conservation District guidelines. B. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic in the neighborhood within 1,000 feet of the property. C. Hours of operation shall be limited to 9 a.m. to 6 p.m. unless extended by Borough Council. D. All lighting shall be shielded and reflected away from adjacent properties and streets to prevent glare on adjoining properties. Direct service A. Direct services may be approved part of a project that shall closely follow the Conservation District guidelines. B. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic within 1,000 feet of the property. C. Hours of operation shall be limited to 9 a.m. to 6 p.m. unless extended by Borough Council, based on the proximity of the business to residential areas. Dwelling, Apartments/condominiums A. Apartments/condominiums may be approved part of a project that shall closely follow the Conservation District guidelines. B. 4. Offices A. Offices may be approved part of a project that will closely follow the Conservation District guidelines. B. 5. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic within 1,000 feet of the property. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic within 1,000 feet of the property. Offices on first floor, apartments on upper floors A. Offices on the first floor and apartments on the upper floors may be approved part of a project that will closely follow the Conservation District guidelines. B. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic within 1,000 feet of the property. ZONING 48 ZONING ARTICLE 4 Conditional Uses Section 402 Existing Building Conditional Uses (continued) 6. Restaurants-Non Alcoholic A. Restaurants-Non alcoholic may be approved part of a project that shall closely follow the Conservation District guidelines. B. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic in the neighborhood within 1,000 feet of the property. C. Hours of operation shall be limited to 8 a.m. to 9 p.m. unless extended by Borough Council based on the proximity of the business to residential areas. D. All lighting shall be shielded and reflected away from adjacent properties and streets. Section 403 Large Lot Conditional Uses 1. Purpose: Pottstown has a small number of undeveloped or partially developed lots that do not neatly fit into an existing neighborhood. In the cases of some large areas of open land that might some day be developed, such as a golf course or athletic fields, single family detached houses would be the most compatible with nearby neighborhoods. In the case of smaller areas of open land, higher density housing may be compatible with nearby neighborhoods. In order to provide flexibility to develop these lots, and still retain Pottstown’s traditional town character, the following standards shall be offered as a Conditional Use. 2. The following uses shall be considered by Borough Council as a Conditional Use for any parcel of land in the Neighborhood Residential or Traditional Town Neighborhood Districts consisting of an acre or more, or any contiguous group of land parcels that total an acre or more, provided they are owned by the same entity at the time of the adoption of this ordinance and developed as part of a unified development. A. Dwelling – single family detached Maximum density shall be 6 units per acre. The size of the homes and their placement shall be compatible with the character of the surrounding neighborhood, following Conservation District guidelines. B. Any plat located within an area declared eligible for the National Register of Historic Places by the Pennsylvania Bureau for Historic Preservation shall be compatible with nearby historic buildings regarding: A. Placement B. Height C. Proportion of walls to openings D. Form E. Texture and pattern of exterior materials F. Architectural style ZONING 49 ZONING ARTICLE 4 Conditional Uses Section 403 Large Lot Conditional Uses (continued) 3. The following uses shall be considered by Borough Council as a Conditional Use for any parcel of land in the Traditional Town Neighborhood District consisting of at least 1 acre but no more than 3 acres, or any group of land parcels within 200 feet of each other that total at least 1 acre but no more than 3 acres provided they are owned by the same entity and developed as part of a unified development. No parcel of more than 3 acres existing at the adoption of this Ordinance shall be subdivided to meet the requirements of this Section. A. Dwelling – single family detached Dwelling – single family semi-detached Dwelling – single family attached The size of the homes and their placement shall be compatible with the character of the surrounding neighborhood, following ConservationDistrict guidelines. 1. Maximum density for dwellings shall be 12 units per acre. 2. Minimum unit size, exclusive of garage area, shall be 1,600 square feet. 3. Minimum building height shall be 2 stories; maximum is 3 stories. 4. Maximum number of attached units in any single grouping shall be 8. 5. All walls visible from a principal street shall be constructed of brick. 6. All other building walls shall be clad in wood clapboard, wood drop siding, wood board and batten, brick, stucco, hardi plank, or material of a similar quality and appearance. 7. Garage doors shall be permitted at the front of dwellings only if there is no public alley adjoining the property, and if the applicant can demonstrate to the satisfaction of Borough Council that it is not economically feasible to place garages in the rear. No more than one garage door per dwelling shall be part of the front façade of any dwelling, and no more than 50 percent of the front façade of any unit shall consist of a garage door. Front garage doors shall either be recessed or below grade. Garage doors shall be designed to be as unobtrusive as possible. The garage doors in this row of houses is below grade, mitigating their impact. ZONING 50 ZONING ARTICLE 4 Conditional Uses Section 403 Large Lot Conditional Uses (continued) 9. All accessory buildings with a floor area of more than 100 square feet shall be clad in the same material as the principal structure. 10. Sideyards and setbacks shall be consistent with existing buildings in accordance with Section 308. If, in the judgment of Borough Council, there are insufficient nearby principal buildings to determine sideyards and setbacks, the following standards shall apply: a. Standard Minimum open space Maximum building coverage Front setback Minimum side setback Minimum rear setback Maximum building height B. Size 20 percent 60 percent 0 feet min. to 20 feet max. Attached or semidetached houses with garages on grade level shall be sufficiently close to the street to prevent cars from being parked in the driveway, unless the garages are behind the houses. 10 feet for twins or end units. 25 feet 35 feet at cornice line 11. The design of all buildings shall be compatible with the design of historic homes in Pottstown’s Conservation District, and all elements of construction and design shall meet Conservation District guidelines. 12. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic in the neighborhood within 1,000 feet of the property. Office Church School, according to the following: 1. Standard Minimum open space Maximum building coverage Front setback Minimum side setback Minimum rear setback Maximum building height 4. Size 20 percent 75 percent 0-20 feet 15 feet 20 feet 35 feet to the cornice line The following uses shall be considered by Borough Council as a Conditional Use for any parcel of land in the Downtown District consisting of at least one acre but no more than 3 acres, or any contiguous group of land parcels that total at least 1 acre but no more than 3 acres, provided they are owned by the same entity and developed as part of a unified development. No parcel of more than 3 acres existing at the adoption of this Ordinance shall be subdivided to meet the requirements of this Section. ZONING 51 Conditional Uses ZONING ARTICLE 4 Section 403 Large Lot Conditional Uses (continued) A. All uses permitted in the Downtown District, Section 320, according to the following: 1. Standard Maximum building coverage Front setback Side setback Minimum rear setback Minimum building height Maximum building height B. Size - west of Evans Street Size - east of Evans Street 75 percent 75 percent 0 0 feet min. to 10 feet maximum 20 feet 2 stories 60 feet 0 feet min. to 20 feet max. 0 feet min. to 10 feet maximum 20 feet 2 stories 35 feet to cornice line Dwelling – single family semi-detached Dwelling – single family detached, according to the following: 1. Standard Maximum building coverage Front setback Side setback Minimum rear setback Minimum building height Maximum building height Size- west of York Street 75 percent Size - east of Evans Street 75 percent 0 0 feet min. to 10 feet maximum 20 feet 2 stories 35 feet to cornice line 0 feet min. to 20 feet max. 0 feet min. to 10 feet maximum 20 feet 2 stories 35 feet to cornice line 2. The size of the homes and their placement shall be compatible with the character of the surrounding neighborhood, following Conservation District guidelines. 3. Maximum density for dwellings shall be 12 units per acre. 4. Minimum unit size, exclusive of garage area, shall be 1,600 square feet. 5. All walls visible from a principal street shall be constructed of brick. 6. All other building walls shall be clad in wood clapboard, wood drop siding, wood board and batten, brick, stucco, hardi plank, or materials of similar quality and appearance. 7. All buildings shall face a principal street. 8. All required off-street parking shall be from the rear. No garage doors shall face a principal street. ZONING 52 Conditional Uses ZONING ARTICLE 4 Section 403 Large Lot Conditional Uses (continued) 5. Purpose: Pottstown’s Gateway East and Gateway West districts form major entryways to downtown Pottstown and its historic neighborhoods. They do much to establish the initial impression of Pottstown. Unfortunately, these areas include some of the least attractive development in the Borough. After the Second World War, a new form of development evolved that was much different from Pottstown’s downtown and traditional neighborhoods. Located on the eastern and western edges of Pottstown along its major thoroughfare, High Street, this development was geared almost entirely to automobile use. It usually consisted of modest buildings with large parking lots in front of them. Although the use of the car is essential to keep these businesses viable, it is the intent of Pottstown Borough to encourage the revitalization and redevelopment of these areas to make them more attractive and more compatible with surrounding historic neighborhoods. In the long term, Council believes, this will enhance their economic viability for the future and improve Pottstown’s quality of life. To help recreate the traditional town pattern of seamlessly blended commercial and residential redevelopment along High Street and adjacent neighborhoods, the following uses shall be permitted as part of a mixed use development when authorized by conditional use by the Borough Council, in compliance with the standards and criteria set forth below: A. Use types: 1. Bank or financial institution 2. Direct retail store 3. Direct service store 4. Health and fitness center 5. Office, except client-based social service 6. Restaurant, excluding a drive-in restaurant 7. Storage, small scale interior (rear access only) 8. Dwelling, apartment/condominium (second floor and above only) 9. Dwelling, single family semi-detached 10. Dwelling, single family attached B. Conditional Use Standards: 1. The tract of land must be located along High Street in both a Gateway District, East or West, and a Neighborhood Residential District. 2. The tract shall be at least one acre but not more than five acres, provided that all parcels are owned by the same entity and developed as part of a unified development. ZONING 53 ZONING ARTICLE 4 Conditional Uses Section 403 Large Lot Conditional Uses (continued) 3. The unified development shall be served by a one-way street in the general form of a crescent with access off High Street and egress either on High Street or onto a street intersecting with High Street. All land on the shorter side of the crescent street shall be deed-restricted as common open space. All buildings shall be placed so as to face the longer side of the crescent street. 4. A minimum of 30 % of the total tract area shall be set aside as common open space, which shall be permanently deed restricted from future subdivision and development. 5. The unified development shall have a maximum overall density of six dwelling units per gross acre and 5,000 square feet of non-residential uses per gross acre, provided that the maximum footprint of all non-residential buildings combined shall not exceed 10,000 square feet. 6. Mix requirements for the total building square footage are as follows: 40% to 50% for residential uses 50% to 60% for non-residential uses. 7. Dimensional Standards. Standard Unit width (all uses) Maximum building coverage Front setback from crescent street Minimum setback from existing street Minimum setback from all other tract boundaries Minimum separation between differing building types Size Minimum 20 feet, maximum 35 feet 60 percent 10 feet minimum 10 feet 25 feet 10 feet 8. All building walls visible from a street, excepting service alleys, shall be made of brick. No garages or driveways are permitted in the front of any building. All buildings shall be uniform in height and appearance and shall be compatible with the design of historic structures in Pottstown’s Conservation Districts. 9. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic in the neighborhood within 1,000 feet of the property. ZONING 54 ZONING ARTICLE 4 SECTION 404 Accessory Uses 1. Greenhouse A. Greenhouses shall comprise a total floor area of no more than 250 square feet. B. 2. 3. Accessory Uses Greenhouses shall be located only in rear yards and shall not exceed 8 feet in height. Home Occupations Home occupations shall comply with the following standards: A. Home occupations shall be conducted entirely within the dwelling or accessory building. B. Home occupations shall be conducted only by resident occupants of the residential dwelling, except that up to one person not a resident of the dwelling may be employed C. There shall be no public display of goods on the premises. D. The home occupation shall not have any business related exterior storage or display of goods and/or merchandise. E. No article or good shall be sold or offered for sale which is not produced by a resident occupant of the dwelling F. The home occupation shall not alter the exterior of the dwelling or accessory structures. G. The home occupation shall not generate more than 5 vehicle trips per day in excess of that which is required for the primary use. H. There shall be no regular deliveries to or from a home occupation from a vehicle with more than 2 axles. I. No home occupation shall require trash pick-up in excess of that which is normally required for a residential dwelling. J. No home occupation shall be conducted, created, altered or maintained which involves any purpose, trade or business which is noxious, offensive or potentially injurious to health by reason of odor, noise, dust, smoke, heat, gas, radiation, vibration or hazardous substance. Garage -- Private A. In Conservation and Gateway Districts, private garages may be the same general size, height and placement on the lot as similar buildings on the same side of the same block within a 250-foot radius, except that whenever possible, garages should be accessed from an alley. A garage may have a second story if there are at least 2 other existing garages with second stories on the same side of the same block within a 250-foot radius. ZONING 55 ZONING ARTICLE 4 SECTION 404 Accessory Uses 4. Accessory Uses Parking lots A. Parking lots shall meet the standards in Article 6. B. The following chart shows the maximum allowable off-street spaces for residential uses: TYPE OF USE Single family dwelling, detached Single family dwelling, semi-detached Single family attached house Multiple family dwelling unit 5. Solid waste storage unit A. Solid waste storage units shall be enclosed by an opaque fence or wall constructed of the following materials: 1. 2. 3. 4. 5. B. 6. MAXIMUM SPACES 3 spaces 3 spaces 2 spaces 2 spaces per dwelling unit Brick Stone Wood Concrete-based stucco Vinyl designed to look like wood Fences shall be higher than the materials being screened. Fences shall have a minimum height of 4 feet. Although trees, shrubs and other landscaping are encouraged, they may not be used to substitute for fences. Storage Sheds and Accessory Buildings In Conservation and Gateway Districts: A. Storage sheds shall be no larger than 100 square feet, unless there are at least 2 larger storage sheds or buildings existing on the same side of the same block within a 250-foot radius. B. Multi-story accessory buildings (excluding garages) are permitted only if there are at least 2 other multi-story buildings on the same side of the same block within a 250foot radius. C. In the cases of A. and B. above, the zoning officer shall make a determination of the maximum size of a new shed or accessory building by the averaging of the size of existing sheds. Storage sheds shall be located only in rear yards, and may be placed abutting the property line. In all other districts: A. Storage sheds shall be located only in side or rear yards a minimum of 3 feet from any property line. 7. Swimming pool A. Swimming pools shall be used solely for occupants of the property and their guests. B. The swimming pool area, or the entire property on which the pool is located, shall be fenced or walled to prevent uncontrolled access from the street and adjacent properties. C. Swimming pools shall not be located in any front yard. ZONING 56 ZONING ARTICLE 5 General Regulations SECTION 500 Miscellaneous Regulations 1. Two or more permitted uses shall not be permitted on one lot unless subdivision or land development approval is secured, unless these uses are unified and form one overall use conforming to the regulations of the district where it is located. 2. No lot shall have erected upon it 2 or more principal buildings unless permitted otherwise by this Ordinance. 3. Any truck, trailer, compressor, or other piece of equipment used in connection with a commercial or manufacturing use, assuming the use is legal or is legally non-conforming, shall be considered an extension of that use when: A. It is actually in use in performing some legitimate service at the site at which it is parked. B. It is being used in connection with on-going construction or similar work at the site. C. It is a motor vehicle under 20 feet in length and 5,000 pounds in weight and is being used as a private vehicle, even if equipment is attached to it or carried on it. D. The truck or trailer is parked on the lot of the legal or legally non-conforming use. E. The truck or trailer is parked on the street adjacent to the legal or legally nonconforming use. F. It is parked within a completely enclosed garage. 4. No more than 2 boats, recreational vehicles, or similar vehicles may be parked on one lot in any zoning district. The only exception to this limit is for a sales and service center for such vehicles or a commercial storage business for such vehicles. 5. In no case shall any street or alley in the Borough be used for automobile repair or any other use other than public passage unless authorized by ordinance, license, or act of Borough Council. 6. Temporary buildings and structures for uses incidental to construction work shall be permitted, provided such buildings are removed promptly upon completion or abandonment of the construction work. 7. All fences in the Flex-Office, Highway Business, and Heavy Manufacturing districts shall conform to the following: A. Fences shall be made of durable materials which shall be maintained in good condition. Fences shall be constructed and maintained so that the most aesthetic side shall face the exterior of the property. The requirement that the most aesthetic side shall face the exterior of the property shall not be applicable where fences are located upon abutting or contiguous private property lines. ZONING 57 ZONING ARTICLE 5 General Regulations SECTION 500 Miscellaneous Regulations (continued) 8. B. A fence separating a wholly non-residential use from any other wholly nonresidential use may not exceed 10 feet in height. C. In the Highway Business and Flex Office districts, no front yard fence may exceed four feet in height. All other fences shall not exceed six feet in height. D. No fence shall be electrified or otherwise present a hazard to the public. Barbs, concertina wire, and other hazardous obstacles are prohibited. Necessary or traditional accessory structures or architectural or structural features shall be exempted from applicable height regulations to the extent necessary. This exemption shall apply to spires, smokestacks, antennae, parapets, and the like. SECTION 501 Prohibited Uses 1. Any use not permitted, specifically or by implication, in a zoning district in this Ordinance is prohibited specifically in that zoning district. The following uses and activities are specifically prohibited in any zoning district in the Borough: A. Residential structures without permanent foundations or without permanent connections to utilities. B. Mobilehomes other than those permitted within approved mobilehome parks. A mobilehome affixed permanently to a permanent foundation (that is to say the home cannot be removed from the foundation simply by unbolting, utility disconnection, and the severing of stabilizing attachments) and is connected to required utilities, no longer shall be classified a mobilehome but shall be considered a conventional structure. C. The showing or presenting of lewd material or entertainment in an outdoor setting or theatre. D. Any depository for dead animals or any facility for animal slaughtering or rendering. E. The tanning of hides. F. Any facility designed or used for the purpose of raising or maintaining animals, including fowl, to be used for food. G. The use of any land for the storage of: 1. Motor vehicles not fully operable or not having current inspection and registration stickers 2. Vehicle parts, machinery or parts thereof 3. Scrap metals, wood, furniture, paper, rags, or any discarded material whatsoever unless a valid permit has been issued for it. This shall not include trash deposited in Borough approved containers and awaiting pick-up for no more than one week. ZONING 58 ZONING ARTICLE 5 General Regulations SECTION 502 Performance Standards All uses allowed in the Conservation and Gateway Districts shall be managed so as not to cause an unacceptable level of: A. Air pollution B. Noise C. Odor D. Glare or heat E. Vibration F. Radioactivity or electrical disturbance G. Fire or explosion hazard H. Outdoor storage I. Waste disposal. DETAILS: For specific regulations, see the Appendix, Section A502, pages A36 and A37. ZONING 59 Parking ZONING ARTICLE 6 SECTION 600 Off-Street Parking 1. Off-street parking and loading provisions as set forth in these Articles shall be required in all instances, except the remodeling of existing buildings as follows: A. In the event of a change of an existing use in an existing building, no additional offstreet parking shall be required if the total floor space does not increase and if the new existing use does not require any more spaces under this Article than the use it replaces. B. On-street parking spaces immediately adjacent to the property line of existing buildings may be used to count toward the requirements of this Article. 2. All off-street parking and loading areas, whether required by this Article or not, shall be developed, maintained, and used in accordance with the provisions set forth in these Sections. SECTION 601 Off-Street Parking Standards 1. A parking space shall have a dimension of 9 feet by 18 feet. Parking lots with five or more spaces may designate up to 20 percent of the spaces as compact spaces with dimensions of 8 feet by 15 feet. 2. Parking lots shall comply with the Pottstown Subdivision and Land Development Ordinance. 3. Interior aisles or maneuvering lanes shall have a minimum width as follows: ANGLE OF PARKING SPACE 90 degrees to 60 degrees 60 degrees to 45 degrees Less than 45 degrees Parallel 4. PARKING AISLE WIDTH IN FEET 22 19 17 12 The number of parking spaces required is as follows: TYPE OF USE Single family dwelling, detached or semi-detached, 1 bedroom Single family townhouse, 1 bedroom Single family dwelling, detached or semi-detached, more than 1 bedroom Single family townhouse with more than 1 bedroom Multiple family dwelling unit, studio apartment or 1 bedroom Multiple family dwelling unit, 2 or more bedrooms Multiple family dwelling units for ages 55 and older Commercial, office, and institutional Industrial Warehouse PARKING SPACES REQUIRED 1 space 1 space 2 spaces 2 spaces 1 space per dwelling unit 2 spaces per dwelling unit 1 space per four dwelling units 3 spaces per 1,000 square feet 1 space per 1,000 square feet .25 space per 1,000 square feet 5. Every required parking space shall have direct access from or to a public street or alley without first requiring the movement of another motor vehicle. 6. The layout of any parking area shall be designed to allow vehicles to move forward when existing onto a public street, except for the following: A. Parking spaces for no more than 2 vehicles having exits onto streets of 30 feet width or less may be designed for reverse exiting. B. Parking spaces having exits onto streets or alleys of 24 feet width or less may be designed for reverse exiting. ZONING 60 . ZONING ARTICLE 6 Parking SECTION 601 Off-Street Parking Standards (continued) C. 7. No reverse exiting shall be allowed on Charlotte Street because of its high traffic volume Garages located along any street or alley shall have their exit points located at least 22 feet from the opposite cartway limit of the street or alley onto which vehicles are exiting. SECTION 602 Off-Street Parking Surfaces 1. All off-street parking areas shall be properly graded and drained as to dispose of all surface water accumulations within the area 2. No surface water from any parking or loading area shall be permitted to drain onto any adjoining property. 3. Any parking area with access or egress directly onto a street 24 feet or wider in the Downtown District shall be surfaced with an asphaltic, bituminous, cement, brick, or other properly bound pavement so as to provide a durable and dustless surface. Other parking lots may be surfaced with pavement or gravel. 4. Curbs, bumper guards, bollards or wheel stops shall be installed in parking and loading areas where there is a protective fence, wall or hedge to ensure that vehicles will not strike them or obstruct public rights of way. SECTION 603 Overflow Parking Surfaces Off-street areas used for special event parking (to accommodate occasional overflow volumes) may be constructed of any dust-free compacted, pervious ground cover. The owner of the property shall be responsible for the maintenance of such parking in a clean and dust-free condition. Grass and mulch are examples of acceptable pervious ground cover. SECTION 604 Lighting of Parking Areas All parking areas for more than 10 vehicles serving business uses and collective residential parking shall be adequately illuminated during the hours between sunset and sunrise when the use is in operation. Any lighting used to illuminate any off-street parking area, whether required or not, shall be so arranged or shielded to protect any adjacent residential premises from the glare of the illumination. Fixtures shall be equipped with or be capable of being back fitted with light directing devices such as shields, visors or hoods when necessary to redirect offending light distribution. Lights shall be installed or aimed so that they do not project their output into the window of a neighboring residence, an adjacent use, directly skyward, or onto a roadway. SECTION 605 Access Driveways 1. Each separate use or group of buildings constructed and maintained on a lot as a unified development shall have no more than 2 access ways connecting a tract to any one street or highway for each 300 feet of frontage 2. No access way shall be nearer than 50 feet from the nearest curb line of 2 intersecting streets in the following districts: A. Highway Business D. Neighborhood Business B. Heavy Manufacturing E. Gateway East and Gateway West C. Flex-Office ZONING 61 ZONING ARTICLE 6 Parking SECTION 605 Access Driveways (continued) 3. The access way shall be from 20 to 36 feet wide in the following districts: A. Highway Business B. Heavy Manufacturing C. Flex-Office D. Gateway East and Gateway West E. Park 4. The access way shall be from 8 to 20 feet wide in Conservation Districts and the Downtown Gateway District. 5. In Conversation Districts and the Downtown Gateway District, the access way shall be on a side street at the rear of the property, no less than 30 feet from the corner, unless this is physically not possible. SECTION 606 Accessory Parking Lots 1. Parking lots as accessory uses to provide required parking spaces may be located on a land parcel separate from the building or use it serves. All required parking spaces shall be: A. Within 200 feet of the primary use parcel for residential uses B. Within 400 feet of the primary use parcel for non-residential uses. SECTION 607 Shared Parking Lots 1. Multiple buildings or uses may share parking lots to meet the required parking spaces of this Article, provided the lot is owned by one or more of the users. 2. Before a parking lot may serve multiple users, a formal written agreement shall be signed by all the parties containing a site plan and the number of spaces to be allocated to each user. A copy of this agreement shall be kept on file by the Zoning Officer, who may revoke the zoning permits of the users if the agreement is not maintained. 3. In order to encourage the maximum use of Pottstown’s parking lots, the following rules will govern: A. If the applicants combine residential uses with non-residential uses having normal business hours between 8 a.m. and 6 p.m., each space may be counted for both uses. B. If the applicants can demonstrate to the satisfaction of the Borough that the peak business hours for each use are substantially different, such as an office having daytime hours combined with a restaurant having peak use in the evening, each space may be counted for both uses. C. If the applicants’ business hours are substantially the same, or if the applicants are all residential uses, the total spaces required shall be the total of all proposed uses. 4. Parking requirements may be satisfied by applicants who lease spaces from the Borough, either as on-street parking or on Borough parking lots, for use by residents from 5 p.m. to 8 a.m. weekdays and Saturday, and all day Sunday. In predominately residential areas, applicants may lease on-street parking spaces from the Borough for daytime use. Applicants may also lease spaces from private parking lot operators. SECTION 608 Off-Street Loading Areas All uses requiring regular shipments and deliveries shall provide sufficient off-street areas for the standing, turning, loading and unloading of trucks so that the parking and maneuvering of trucks on public streets will be avoided. ZONING 62 Parking ZONING ARTICLE 6 SECTION 609 Parking Lots in Conservation, Gateway Districts Background: Pottstown’s downtown and most of its traditional neighborhoods were constructed in the era before automobiles were invented or became widely used. Pottstown’s development pattern of closely spaced buildings, often placed up against the street, give it the distinct neighborhood feel and identity it enjoys today. To retain that special feel in the automobile era, Pottstown needs to accommodate cars without demolishing buildings or otherwise destroying the character of its downtown and residential neighborhoods. 1. Design guidelines: Where it is physically possible, parking lots shall be located behind buildings, such that buildings separate parking areas from the street. In cases where this is not possible, parking may be located to the side of a building, but in no case shall the parking area be wider than 50% of the lot frontage, and in no case shall parking be located in front of a building. Parking shall not be placed to the side of a building adjacent to a street unless there is no other feasible alternative. See drawing below: Alley Rear parking lot First choice for parking Side parking lot less than 50% of lot frontage Parking is permitted only if rear parking is not possible, not suitable, or ▼▼ insufficient to meet the requirements of this ordinance. Building ↓Building front↓ Side parking lots may not abut a street unless there is no other alternative. Street Alley Building Side street Parking lot Potential building lots with both rear and side access shall use the rear access for parking lots, unless it can be conclusively shown that side access is necessary for reasonable use of the facility. Frontage street ZONING 63 Parking ZONING ARTICLE 6 SECTION 609 Parking Lots in Conservation and Gateway Districts (continued) Parking lot Driveway Design guidelines (continued): Front driveways to rear parking lots are permitted only where there are no rear or side access ways, unless it can be conclusively shown that front access is necessary for reasonable use of the facility. Building Building Building Frontage street Parking lot A Side street Property line Building Parking lot B Building Access across property lines is encouraged, especially if it permits the elimination of driveways to frontage and side streets. Frontage street ZONING 64 ZONING ARTICLE 6 SECTION 609 Parking Lots in Conservation and Gateway Districts (continued) Parking 2. Design guidelines: Whenever a parking lot abuts a street, it shall be screened by a four foot tall fence constructed of wood, vinyl designed to look like wood, brick, stone, stucco over concrete block (capped with brick, slate or stone), or ornamental iron ( or ornamental aluminum, steel or vinyl designed to look like iron). Although hedges and other landscaping are encouraged, they may not substitute for a fence or wall. For landscaping requirements, see the Land Development Ordinance, Section 508. Clockwise from top right: A wrought iron fence with brick pillars; a hedge growing in front of an iron fence screen parking lots abutting streets. An interior view of a screened parking lot; a brick wall. ZONING 65 Signs ZONING ARTICLE 7 SECTION 700 Intent 1. The Borough recognizes that signs perform an important function in identifying properties, businesses, services, residences, events, and other matters of public interest. It is the intent of this Article to: A. Set standards and provide controls that permit reasonable use of signs and enhance the character of the Borough. B. Encourage sign design that builds on the traditional town image and visual environment the Borough seeks to promote. C. Avoid excessive competition for large or multiple signs, so that permitted signs provide identification and direction while minimizing clutter, unsightliness, confusion, and hazardous distractions to motorists. SECTION 701 Conformance Required From the effective date of this Ordinance, any sign erected shall conform to the provisions of this Article and any other ordinance or regulations of the Borough of Pottstown that relate to it. SECTION 702 Definitions Words and phrases used in this Article shall have the meanings defined in this Section. Words and phrases not defined in this Article but defined elsewhere in this Ordinance shall be given the meanings set forth in the Definitions Section. Eave line Architectural Detail - Decorative elements of a building facade such as cornices, lintels, brackets, fishscale shingles, columns, fluting, and quoins that give the building its character. Architectural Details Eave line - The lower border of the roof where it joins with the facade. Erect - To build, construct, attach, hang, place or suspend, which shall also include the painting of wall signs or other graphics. Facade Sign Facade - The exterior surface of a building up to the eave line. Premises - A parcel of real property with a separate and distinct identifying number shown on a recorded plat, record of survey, parcel map, subdivision map, or a parcel legally created or established in accordance with zoning. ZONING 66 Signs ZONING ARTICLE 7 Sign - a name, identification, image, description, display, or illustration that: Is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land Directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization, or business Is visible from any street, right-of-way, sidewalk, alley, park, or other public property. Sign Area - The area of all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed. “Sign area” excludes any supporting framework and bracing, provided that it does not contain any lettering, wording, designs or symbols. For the purpose of this Article, “sign area” shall be computed as a square or rectangle drawn at the outer limits of the sign face (defined on the next page). Sign area In the case of cylindrical signs, signs in the shape of cubes, or other signs which are essentially three-dimensional with respect to their display surfaces, the entire display surface or surfaces is included in the computation of area. 1. Where the sign consists of a double face, only one side shall be considered for the purpose of calculating total sign area. Where both sides are not identical or where the interior angle formed by the faces of a sign is greater than 45 degrees, all faces shall be considered in calculating total sign area. Face A 2. Any spacing between signs designating different or separate occupants or uses of a building shall not be counted as sign area. Face B Sign area Sign area If the angle is greater than 45 degrees Then both sides are used to calculate total sign area ZONING 67 Signs ZONING ARTICLE 7 Sign Height - The distance from the highest portion of the sign, including all structural elements, to mean grade. Sign Face - The part of a sign that is or can be used to identify, advertise and communicate information for visual representation, which attracts the attention of the public for any purpose. This definition shall include any background material, panel, trim and color used that differentiates the sign from the building or structure on which it is placed. The sign structure shall not be included, provided that no message, display or symbol is designed and included as part of the structure. Sign Face Sign Height Double-Faced Sign - A sign with two identical faces of equal sign area which are back to back. Sign Structure Sign Structure - A supporting structure erected and used for the purpose of physically supporting a sign, situated on any premises where a sign may be located. This definition shall not include a building, fence, wall or earthen berm. Abandoned Sign - A sign which no longer identifies or advertises an existing business, leased, service, owner, product, or activity, and/or for which no legal owner can be found. Prohibited Legally Non-Conforming Sign - Any existing sign: 1. Located on a premises in the borough with a permitted use, and 2. Legally erected prior to the adoption of this Article, and 3. Does not meet the provisions of the current ordinance. Sign Structure Temporary Sign -- A sign which advertises community or civic projects, construction projects, real estate for sale or lease, or other special events on a temporary basis. Types of Signs - Signs are defined by form and by purpose. Purpose refers to the type of message contained in the sign. Form refers to the physical sign itself. ZONING 68 Signs ZONING ARTICLE 7 Signs as defined by purpose: The type of message contained in the sign Address Sign - A sign or individual lettering/ numbering that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service. Artisan Sign - Any sign giving the name or names of principal contractors, architects, and lending institutions responsible for painting or construction on the site where the sign is placed. Directory Sign - A sign which identifies multiple uses in a planned development on a single sign; may be used for shopping centers, shopping streets or business campuses, and similar large complexes which have a variety of tenants and/or uses. Development Sign - A temporary sign indicating that the premises is in the process of subdivision or development. Civic Event Sign (On premises) - A non-commercial temporary sign, posted to promote and advertise an activity sponsored by the Borough, school district, church, public agency, civic or charitable association or other similar noncommercial organization on the premises where the event is to be held. Civic Event Sign (Off premises) - A non-commercial temporary sign posted off premises to promote and advertise an activity sponsored by the Borough, school district, church, public agency, civic or charitable association or other similar non-commercial organization. Directional Sign - An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "Entrance", "Exit", "Parking", "OneWay", or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign. General purpose Sign- A sign that directs attention to a business, to a product sold, manufactured, or assembled, or to services or entertainment offered on the premises where the sign is displayed. ZONING 69 Signs ZONING ARTICLE 7 Signs as defined by purpose: The type of message contained in the sign Government/Regulatory Sign - Any sign to control traffic or for identification, including street signs, warning signs, railroad-crossing signs and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof in the discharge of his official duties. Home Occupation Sign - A sign which designates occupations permitted in Ordinance. home as this Instructional Sign - A sign located within the interior of a lot, generally not visible from the street or adjoining properties, which provides information as to the location, interior operation and/or use of buildings or facilities. Memorial Sign - A memorial plaque or tablet, to include grave markers or other remembrances of persons or events, which is not for commercial or advertising purposes. Personal expression sign -- Any sign that expresses an opinion, interest, or position (not including political signs). Incidental Sign - A sign used in conjunction with equipment or other functional elements of a use or operation. These shall include, but not be limited to, drive-throughwindow menu boards; signs on automatic teller machines, gas pumps, vending machines; or newspaper delivery boxes. ZONING 70 Signs ZONING ARTICLE 7 Signs as defined by purpose: The type of message contained in the sign Political Sign - A temporary sign relating to the election of a person to a public office or a political party or a matter to be voted upon at an election by the public. Time/Temperature Sign - A display containing illuminated numerals flashing alternately to show the time and the temperature. May be a wall sign, projecting sign, or freestanding sign. Public Interest Sign - A sign on private property that displays information pertinent to the safety or legal responsibilities of the public such as warning and “no trespassing” signs. Yard sale sign - A temporary sign advertising a yard or garage sale. Real Estate Sign A temporary sign indicating the sale, rental or lease of the premises on which the sign is placed. Signs as defined by form : The physical structure of the sign Animated Sign - A sign with action or motion, flashing, color changes requiring electrical energy, but not including wind-actuated elements such as flags, banners or specialty items. Prohibited Banner - A sign consisting of lightweight, flexible material, which is supported by frame, rope, wires or other anchoring devices, which may or may not include copy, logo or graphic symbols. Awning Sign - Any sign painted on or applied to a structure made of cloth, canvas, metal or similar material which is affixed to a building and projects from it. Beacon Light - Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure or other object. Prohibited ZONING 71 Signs ZONING ARTICLE 7 Signs as defined by form (continued): The physical structure of the sign Canopy (Freestanding) - A rigid multisided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. May be illuminated by means of internal or external sources. Freestanding Sign - A sign and supporting structure that is secured in the ground and independent of any building, fence or other support. For the purpose of this definition, “freestanding signs” may consist of the following: 1. Ground Sign A sign designed to be viewed at eye level. The bottom of the sign is no more than three feet from the ground. 2. Pole Sign - A sign which is detached from a building and supported by no more than two poles or other structural supports which are architecturally dissimilar to the design of the sign. Flashing Sign - A sign whose illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction or animation. Illuminated signs that indicate the date, time and temperature, are not be considered flashing signs. Prohibited Illuminated Sign - A nonflashing or nontwinkling sign which has letters, figures, designs or outlines illuminated by an internal or external lighting source as a part of the sign. Internal illumination Flashing sign External illumination ZONING 72 Signs ZONING ARTICLE 7 Signs as defined by form (continued): The physical structure of the sign Interior Sign - Any sign located fully Neon Sign - Any within the interior of any building or stadium that is intended solely for information relating to the operation of such building or stadium. sign composed of glass tubing containing a large proportion of neon gas. A neon sign may be a wall sign, a projecting sign, or a window sign. Marquee Sign - Any sign attached to a marquee for the purpose of identifying a movie theater or similar place of Permitted as a entertainment. Conditional Use. Movable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames. This definition does not include sandwich board signs. Prohibited. Off-Premises Sign - Any sign, including billboards, that advertises or otherwise directs attention to an activity not on the same lot where the sign is located. On-Premises Sign - A sign, which advertises or otherwise directs attention to an activity on the same lot where the sign is located. Pennants - Any lightweight plastic, fabric, Mural - Artwork applied to the wall of a building, which covers all or most of the wall and depicts a scene or event of natural, social, cultural, or historic significance. Permitted as a Conditional Use. or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. ZONING 73 Signs ZONING ARTICLE 7 Signs as defined by form (continued): The physical structure of the sign Projecting Sign A sign which is attached directly to any building wall and which extends more than 12 inches from the face of the wall. A projecting sign may not extend more than 4 feet from a wall and must clear the sidewalk by at least 10 feet. Revolving Sign - A sign which revolves in a circular motion rather than remaining stationary on its supporting structure. Prohibited Roof Sign - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. Prohibited Vehicular Sign - Any vehicle used as a sign or vehicle to which a sign is affixed in such a manner that the carrying of the sign is used primarily as stationary advertisement for the business on which the vehicle sits, or is otherwise not incidental to the vehicle’s primary purpose. Prohibited Wall Sign - Any sign erected against the wall of a building or displayed on doors or fences that does not protrude more than 12 inches from the wall, window, or door. A wall sign may not extend beyond the eave line or parapet of the roof line. Window Sign - Any sign placed upon the outside or inside of a window, not extending beyond 12 inches of the surface of the window, facing the outside. Sandwich Board A movable sign consisting of two faces, connected and hinged at the top. Customary displays of merchandise or objects and material without lettering placed behind a store window are not considered signs or parts of signs. A. Permanent - Any sign painted or pasted on a window. B. Temporary Any paper or cardboard sign that is taped or pressed against a window. Any sign attached to the inside of a window that is suspended from a string, hook, or wire. ZONING 74 ZONING ARTICLE 7 SECTION 703 General Regulations Signs The following restrictions and regulations shall be applicable to all signs unless otherwise specified: 1. Materials: All signs, excluding awning and window signs, shall be constructed only from wood, metal, stone or other material as determined by the Borough which has the general appearance of structures composed primarily of wood, metal or stone with painted, engraved or raised messages. Sign materials should compliment the original construction materials and architectural style of the building facade on which they are to be displayed. If plywood is used, medium density overlay shall be used as a minimum grade. Bare plywood is prohibited. 2. Color: In selecting the principal colors for a sign, colors that compliment the color of the building should be used. 3. Illumination: Internally illuminated signs are not permitted in Historic Districts. See Section 711. Where permitted, signs shall be illuminated only in accordance with the following regulations as authorized in an appropriate sign permit: 1. Light sources shall be shielded from all adjacent properties and streets and shall not be of such intensity as to cause glare hazardous to pedestrians or motorists. 2. With the exception of marquee signs, signs using internal illumination shall be designed so that when illuminated at night, only the letters and logos of the sign are visible. Individual, solid letters with internal lighting tubes which backlight a wall in a halo effect are permitted. 3. Permits for illuminated signs will not be issued without an approved electrical permit. All work shall be completed in full compliance with the Electrical Code as set forth in the most recently published BOCA Electrical Code. 4. Electrical connections: The electrical supply to all exterior signs, whether to the sign itself or to lighting fixtures positioned to illuminate the sign, shall be provided by means of concealed electrical cables. Electrical supply to freestanding signs shall be provided by means of underground cables. Applications for electrical permits shall be filed at the time of the sign permit application. 5. Nuisance: No sign shall create a public nuisance by emitting smoke, sound, vapor, beams or rays, particle emission or odors. 6. Sign removal: Any business that has closed shall remove any signs associated with the business within 60 days after it closes. The owner of the premises shall have the responsibility to ensure such signs are removed within the 60-day period. 7. No sign or sign structure shall be erected unless it complies with all applicable requirements of the Pottstown building code. ZONING 75 ZONING ARTICLE 7 SECTION 703 General Regulations (continued) Signs 8. All signs and sign structures shall be kept in good repair and in a presentable condition, so that all sign information is clearly legible. Any sign found by the Zoning Officer to show deterioration, including rust, faded colors, discoloration, holes and missing parts or informational items, shall constitute a violation of this Article. 9. No sign or structure shall be placed in the public right-of-way except for permitted sandwich boards, projecting signs, and civic event signs as provided for in this Article. SECTION 704 Prohibited Signs It shall be unlawful for any person, firm or corporation to erect any sign in the Borough unless it is specifically permitted in this Article. Unlawful signs include, but are not limited to: 1. Any sign which by color, shape or location conflicts with or resembles a traffic signal device. 2. Signs attached to rocks, utility poles, parking meters, traffic signposts, traffic signals or control devices, street signs, or historical markers. 3. Signs attached to trees, shrubs or any living vegetative matter. 4. Any sign, outside of the heavy manufacturing district, which advertises or publicizes an activity or business not conducted on the premises, except civic event signs. 5. Signs erected without the permission of the property owner or authorized agent. 6. Signs that create a hazard by obstructing the clear view of vehicles and pedestrian traffic. 7. Animated signs, except time and temperature signs. 8. Any sign that obstructs free ingress to or egress from a required door, window, fire escape or other required exit. 9. Vehicular signs. 10. Abandoned signs. 11. Signs that exhibit statements, words or pictures of obscene or pornographic subjects. 12. Flashing signs, except for the time and temperature portion of a sign. Beacon lights. 13. Revolving signs. 14. Tethered balloons, filled either by gas or heated air. 15. Roof signs. 16. Wall signs that cover windows or architectural detail. 17. Pennants longer than 150% of the street frontage of the premises. 18. Signs with reflective backgrounds. ZONING 76 ZONING ARTICLE 7 Signs SECTION 705 Permits Required Unless otherwise provided by this Article, all signs shall require permits and payment of fees as described in Section 710. No permit is required for the maintenance of a sign or for a change of copy on a legally conforming painted, printed, or changeable copy sign. For the purposes of this Section, “maintenance” shall include any repainting of a sign that does not otherwise change its message or appearance. SECTION 706 Exempt Signs The following signs shall be allowed without a sign permit and shall not be included in the determination of the number or sign area of other signs allowed within a zoning district, subject to the restrictions in Section 712. 1. Government/Regulatory signs. 2. Real estate signs. 3. Political signs. 4. Public interest signs. 5. Memorial signs. 6. Yard sale signs. 7. Address signs. 8. Interior signs. 9. Incidental signs. 10. Civic Event signs on premises. 11. Personal expression signs. 12. Pennants as permitted in this Article. Pennants may only be used on a non-residential premises. 13. Artisan signs. 14. Home occupation signs smaller than 2 square feet. ZONING 77 ZONING ARTICLE 7 SECTION 707 Conditional uses Signs The following signs shall be allowed as conditional uses: 1. Murals 2. Marquee signs Borough Council shall ensure the proposed sign is appropriate to the style, period, type, size and scale of the building for which it is proposed. Council shall weigh testimony from other property owners in the vicinity regarding the merits of the sign. Council shall weigh whether the sign will enhance the traditional town character of Pottstown or detract from it in determining whether the sign shall be permitted. SECTION 708 Signs on the Premises of Legally Non-conforming Uses Signs on the premises of legally non-conforming uses, such as an office in a residential area, may remain until the existing use of the premises is discontinued. If a sign wears out or is damaged, or is changed for any other reason, the number, size and area of all signs relating to the premises shall not be increased beyond the size they were at the time this Article was adopted. SECTION 709 Regulation of Legally Non-conforming Signs 1. If a legally non-conforming sign lists more than one business, new businesses may be added without affecting the non-conforming status of the sign. However, the sign may not be altered in any way that extends the sign’s non-conformity in any manner. 2. Nothing in this Article shall relieve the owners or users of legally non-conforming signs, or the owners of the property on which legally non-conforming signs are located, from any provisions of this Article regarding the safety, maintenance, and repair of signs. 3. Should 50 percent or more of any legally non-conforming sign be damaged by any means, it shall be removed and not reconstructed except in conformity with the provisions of this Article. 4. Any business that has closed shall remove any signs associated with the business within 60 days after it closes. The owner of the premises shall have the responsibility to ensure such signs are removed within the 60-day period. 5. The existence of a legally non-conforming sign on a single or multiple occupancy premises shall not prevent the erection or placement of another sign on the premises, if the new sign meets the requirements of this Article. However, the total number of signs and the size and area of the signs shall not exceed the requirements of this Article. 6. A legally non-conforming sign shall immediately lose its legally non-conforming designation if the sign is altered in any way. At that point, the sign shall be immediately brought into compliance with this Article and a new permit secured, or the sign shall be removed. ZONING 78 ZONING ARTICLE 7 SECTION 710 Permits Signs 1. It shall be unlawful for any person, firm or corporation to erect, alter, repair or relocate any sign within the Borough of Pottstown without first obtaining a sign permit, unless the sign is specifically exempt from the permit requirements. 2. Applications for sign permits shall be made upon forms provided by the Zoning Officer and shall contain and/or have attached the following information where relevant: A. Names, address, telephone number and signature of the owner or duly authorized agent for the property owner. B. Name, address, telephone number and signature of the owner of the sign. C. Name, address and telephone number of the sign contractor. D. Property address and applicable zoning district. E. If the sign is located in a Historic District, confirmation that an application has been submitted to the Historic Architectural Review Board. F. Two copies of a plan drawn to scale depicting: 1. Lot dimensions, building frontage, and existing cartways, rights-of-way and driveways. 2. The design of each sign face and sign structure, including dimensions, total area, sign height, depth, color scheme, structural details, materials, lighting scheme and proposed location. 3. Sign Message. 4. Building elevations, existing and proposed facades, parapet walls, cornices and the location and size of all proposed and existing permanent signage. 5. Current photographs showing existing signs on the premises and certifying the date on which photographs were taken. G. A permit fee, to be established from time to time by Resolution of Borough Council, shall be paid. H. A $500 deposit shall be posted for off-premises Civic Event signs to ensure their removal within 72 hours after the event. A list of locations of the signs shall be provided with the deposit. The deposit will be returned after the Zoning Officer has certified the signs have been removed. I. Such other information which may be required by the Zoning Officer to show full compliance with this and all other ordinances of the Borough. ZONING 79 Signs ZONING ARTICLE 7 SECTION 711 Special Regulations for Signs in Historic Districts In addition to all other requirements of this Article, the following regulations shall be applicable to any sign placed in a Historic District: 1. No sign shall be erected or altered until an application for a Certificate of Appropriateness has been reviewed and approved by the Pottstown Historic Architectural Review Board and after Borough Council has issued a Certificate of Appropriateness. The Review Board shall ensure the proposed sign is appropriate A. to the style, period, type, size and scale of the building for which it is proposed B. with other signs in the district. 2. In addition to all other applicable requirements of this Article, the following regulations shall apply to any sign placed in a Historic District: A. All applications for a Certificate of Appropriateness must contain the following information: 1. A current color photograph of the property. 2. An illustration of the building façade showing the proposed sign. 3. A scaled drawing showing the sign itself and including the size, materials, colors, lighting, lettering and method of attachment. Material samples may be required. 4. For ground signs, a site plan indicating the location of the sign. 5. The type of illumination. . Scale drawing of the sign Illustration of building with sign location Site plan Current photograph of the property ZONING 80 ZONING ARTICLE 7 SECTION 712 Sign Uses and Restrictions Signs How to use the chart on this page: 1. Determine what kind of sign you would like to erect, in terms of its Purpose (see definitions, pages 61 through 63). 2. Look for that particular sign in the third column. 3. The fourth column shows what Form (physical structure) is permitted for each type of purpose sign. (For definitions of signs by form, see pages 63 through 66.) 4. The fifth column shows Restrictions and Guidelines as to the size, height, placement, and other aspects of each sign. Restrictions are mandatory. Guidelines, denoted with an asterisk ‡, are advisory. EXAMPLE: An artisan sign (defined on page 61) is permitted in all zoning districts, on any kind of premises, in the form of either a freestanding sign or a wall sign (see definitions 64, 66). The maximum area of the sign is 8 square feet and the maximum height is 6 feet. It may not be illuminated, it may not be erected until work begins, and it must be removed when work ends. The chart on this page shows the kinds of signs permitted in all zones, on any kind of premises. Zone All zones Permitted use All uses Purpose Government Regulatory Artisan Form Restrictions and Guidelines Freestanding Wall Maximum area: 8 square feet Maximum height, freestanding: 6 feet May not be erected until work begins and must be removed as soon as work ends Non illuminated Maximum area: 6 square feet Maximum 1 sign for each street premises faces Maximum height, freestanding: 6 feet. Non illuminated Must be removed when project is 90% complete Maximum area: 6 square feet Maximum height: 4 feet Maximum area: 6 square feet Maximum height: 8 feet Maximum one sign Maximum area: 2 square feet Non illuminated Maximum 1 sign Maximum area: 8 square feet Maximum height, freestanding: 8 feet Non illuminated Maximum area: 2 square foot Maximum height: 7 feet Minimum spacing: 100 feet apart Non illuminated Maximum 2 signs per premises Maximum size: 4 square feet May not be erected more than 2 months before election and must be removed within 7 days after election. Non illuminated Maximum height, freestanding: 6 feet. Maximum 2 signs per premises Maximum size: 6 square feet Maximum height, freestanding: 6 feet Must be removed within 72 hours of settlement Non illuminated Development Banner Freestandingground Wall Directional Freestanding Directional Wall Memorial Wall Personal expression Wall Banner Freestanding Window/temp Wall Freestanding Public interest Political Freestanding Wall Window/temp Real estate Banner Freestandingground Projecting Wall Window/temp ZONING 81 ZONING ARTICLE 7 SECTION 712 Sign Uses and Restrictions Signs How to use the chart on this page: 1. Determine the zoning district in which your premises is located (Zone, first column). 2. Determine the use of your premises, such as single family residential, commercial, professional office (Permitted use, second column). 3. Determine what kind of sign you would like to erect, in terms of its Purpose (see definitions, pages 61 through 63.) 4. Look for that sign in the third column (Purpose). 5. The fourth column shows what Form (physical structure) is permitted for each type of purpose sign. (For definitions of signs by form, see pages 63 through 66.) 6. The fifth column shows Restrictions and Guidelines as to the size, height, placement, and other aspects of each sign. Restrictions are mandatory. Guidelines, denoted with an asterisk ‡, are advisory. EXAMPLE: An address sign (purpose sign as defined on page 61) is allowed for a single family residential premises, in any zoning district, but only in the form of a wall sign or a projecting sign (defined on page 66) with a maximum area of 2 square feet. The chart below shows the address signs and civic event signs that are permitted. Zone All zones Permitted use Single family residential Multi-family residential Non-residential Purpose Address Non-residential Civic Event Address Form Wall Projecting Awning Canopy Freestanding Projecting Wall Banner Window/temp Restrictions and Guidelines Maximum area: 2 square feet Maximum area: 10 square feet Maximum height, freestanding: 6 feet May not be erected more than 30 days before event and must be removed with 72 hours after event The chart below shows the signs permitted in the Neighborhood Residential District. Zone Use of premises Purpose Form Restrictions and Guidelines Maximum 1 sign per premises for each street the premises faces Freestanding signs on each premises must be spaced at least 100 feet apart Neighborhood Residential Residential Home occupation Multi-family dwellings General purpose Institutional General purpose Freestanding Projecting Wall Awning Canopy Freestanding Banner Wall Awning Canopy Freestanding Projecting Wall Window Maximum area: 6 square feet Maximum height, freestanding: 6 feet Non illuminated Maximum area: 24 square feet Maximum area: 24 square feet Maximum height: 6 feet Maximum area: 24 square feet Maximum area: 24 square feet Maximum area: 24 square feet Maximum height: 6 feet Maximum area: 10 square feet May not exceed 25% of glass area ZONING 82 Signs ZONING ARTICLE 7 SECTION 712 Sign uses and restrictions How to use the charts on the following three pages: 1. Determine the zoning district in which your premises is located (Zone, first column). 2. Determine the use of your premises, such as residential, professional offices (Permitted use, second column). 3. Determine what kind of sign you would like to erect, in terms of its Purpose (see definitions, pages 61 through 63.) 4. Look for that particular sign in the third column (Purpose). 5. The fourth column shows what Form (physical structure) is permitted for each type of purpose sign. (For definitions of signs by form, see pages 63 through 66.) 6. The fifth column shows Restrictions and Guidelines as to the size, height, placement, and other aspects of each sign. Restrictions are mandatory. Guidelines, denoted with an asterisk ‡, are advisory. EXAMPLE: In an office-residential district, a general purpose sign (Purpose sign defined on page 61) is allowed for multi-family dwellings in the form of an awning, canopy, freestanding, banner or wall sign. The borough encourages, but does not require, property owners to limit these signs to 24 square feet or less in area. If a sign is freestanding, the maximum height is 6 feet. Only one sign may be used for each street the building faces. If the premises has 60 feet of street frontage, the maximum allowable size for all signs combined is 60 square feet. The chart below shows the signs permitted in the Traditional Town Neighborhood District. Zone Use of premises Purpose Form Restrictions and Guidelines Maximum 1 sign per premises for each street the premises faces Maximum sign area for general purpose signs is one square foot for each foot of street frontage Freestanding signs on each premises must be spaced at least 100 feet apart Traditional Residential Home Freestanding Maximum area: 6 square feet Maximum height, freestanding: 6 feet Town occupation Projecting Non illuminated Neighborhood Wall Maximum area: 24 square feet‡ Multi-family General Awning dwellings purpose Canopy Banner Wall Freestanding Maximum area: 24 square feet‡ Maximum height: 6 feet General Institutional Awning Maximum area: 24 square feet‡ purpose Professional Canopy offices Maximum area: 24 square feet‡ Banner Freestanding Maximum height: 6 feet Projecting Wall Window Maximum area: 10 square feet Maximum area: 24 square feet‡ May not exceed 25% of glass area ZONING 83 Signs ZONING ARTICLE 7 SECTION 712 Sign Uses and Restrictions The charts below show the signs permitted in the Neighborhood Business, Downtown, and Gateway districts. Zone Use of premises Purpose Form Restrictions and Guidelines Maximum 3 signs Maximum area of all signs combined: 3 square feet for each 10 feet of street frontage, up to a maximum of 40 sq. feet Neighbor Multi-family General Awning Maximum area: 24 square feet hood dwellings purpose Canopy business Freestanding Maximum area: 24 square feet Maximum height: 6 feet Institutional General Awning Maximum area: 10 square feet purpose Canopy Maximum area: 32 square feet Banner Freestanding Maximum height: 6 feet Retail and direct service stores General purpose Projecting Wall Window Awning Canopy Banner Freestanding – ground Freestanding – pole Projecting Sandwich board Wall Window Form Maximum area: 15 square feet May not exceed 25% of glass area Maximum area: 24 square feet‡ Maximum area: 15 square feet‡ Maximum area: 24 square feet‡ Maximum height: 7 feet Maximum area: 30 square feet‡ Maximum height: 14 feet Maximum area: 15 square feet‡ Maximum area: 8 square feet Must not impede pedestrian traffic May only be displayed during business hours Maximum area: 24 square feet‡ May not exceed 25% of glass area Restrictions and Guidelines Zone Use of premises Purpose Maximum 2 signs per premise Maximum 3 signs for premises fronting more than one street Maximum area of all signs combined: 1 square foot for each foot of street frontage Downtown All uses General Awning Maximum area: 24 square feet‡ purpose Canopy Gateway Banner Maximum area: 15 square feet‡ Freestanding Must have at least 30 feet street frontage – ground Maximum area: 15 square feet‡ Maximum height: 6 feet‡ Freestanding Must have at least 30 feet street frontage – pole Maximum area: 24 square feet‡ Maximum height: 14 feet‡ Projecting Maximum area: 15 square feet‡ Sandwich Maximum area: 8 square feet board May not impede pedestrian traffic May only be displayed during business hours Wall Maximum area: 30 square feet‡ Window May not exceed 25% of glass area ZONING 84 ZONING ARTICLE 7 SECTION 712 Sign Uses and Restrictions Signs The charts below show the signs permitted in the Highway Business, Flex-Office and Heavy Manufacturing districts. Zone Highway Business Use of premises Shopping Center with more than one use on premises Highway Business Individual businesses within shopping center Purpose General purpose Form Freestanding Restrictions and Guidelines Maximum area: 1 square foot for each 2 feet of street frontage up to a maximum of 350 square feet‡ Maximum height: 24 feet, or 24 feet above grade of nearest street, whichever is higher Maximum 3 signs Maximum area of all signs combined: 70 square feet ‡ General Awning Maximum area: 24 square feet ‡ purpose Canopy Banner Freestanding – Maximum height: 7 feet ground Freestanding – Maximum height: 14 feet, or 14 feet above pole grade of nearest street, whichever is higher Sandwich board Maximum area: 8 square feet Must not impede pedestrian traffic May only be displayed during business hours Wall Window May not exceed 25% of glass area Maximum 3 signs All other uses Maximum area of all signs combined: 70 square feet‡ Awning Maximum area: 24 square feet‡ General Canopy purpose Banner Freestanding – Maximum height: 7 feet ground Freestanding – Maximum height: 20 feet, or 20 feet above pole grade of nearest street, whichever is higher Sandwich board Maximum area: 8 square feet Must not impede pedestrian traffic May only be displayed during business hours Wall Window May not exceed 25% of glass area Zone Use of premises Purpose Form Restrictions and Guidelines Maximum area of all signs along one side of a street per 500 feet of frontage: 150 square feet Directory Flex-Office Awning Canopy General Heavy Banner 100 square feet purpose Manufacturing Freestanding – Maximum area: 75 square feet ground Maximum height: 12 feet Freestanding – Maximum area: 75 square feet pole Maximum height: 20 feet Projecting Wall Window May not exceed 25% of glass area Heavy Adult General Wall 1 sign per premises manufacturing entertainment purpose Freestanding Sign may only identify name of establishment and hours of operation Maximum area: 40 square feet Maximum height: 12 feet Heavy OffFreestanding Maximum area: 75 square feet manufacturing premises Maximum height: 18 feet (Including Minimum setback: 15 feet from right of way Billboards) Min. separation: 500 feet along one street ZONING 85 ZONING ARTICLE 8 Non-conformities SECTION 800 Non-conformities Intent -- Within Pottstown’s zoning districts there are various uses of land and structures that were legal before this Ordinance was adopted, but would be prohibited or restricted under this Ordinance. The Borough believes Pottstown would be better off without these non-conforming uses, so they are permitted only until such time as they are terminated by obsolescence, destruction, abandonment, or similar factors. Meanwhile, this Ordinance is designed to restrict, rather than increase, these non-conformities and to eliminate them as soon as possible. SECTION 801 Continuation of Use A use or structure which is non-conforming, as defined in Section 800, at the time this Ordinance and subsequent amendments become law, may be continued except as otherwise set forth in these Sections. SECTION 802 Regulation of Nonconforming Uses Any nonconforming use, building or structure may be enlarged by not more than 10 percent of its floor and/or use area as it existed at the time of passage of this Ordinance; provided that the lot or lots were in single ownership and purchased prior to the enactment of this Ordinance. Any such enlargement shall conform to all regulations of the district where it is located. This provision may be used only once for each zoned lot. SECTION 803 Repairs and Maintenance 1. Normal maintenance repairs and incidental alterations of a structure containing a non-conforming use are permitted provided they do not extend the area or volume of space occupied by the nonconforming use. 2. Residential non-conforming uses may be altered to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building. SECTION 804 Restoration of Damaged Non-conforming Uses 1. Non-conforming structures damaged or destroyed by fire, explosion, accident or other calamity (as contrasted to deterioration because of time or neglect) may be constructed and used as before; provided, that: A. The reconstruction building shall not exceed the dimensions of the damaged or destroyed building, including height, width, depth and volume. B. Building construction shall be started within six months from the date the building was damaged or destroyed, and shall be carried out without interruption, and shall be completed within one year of the date the building was damaged or destroyed. 2. Non-conforming structures which have been condemned by the Pottstown Zoning Officer shall not be rebuilt or used except in conformance with this Chapter. ZONING 86 ZONING ARTICLE 8 Non-conformities SECTION 805 Termination and Abandonment 1. When any non-conforming structure or use is replaced by a conforming use or by a use more nearly conforming with the regulations of the district in which it is located, the former nonconformity shall be considered abandoned immediately and cannot be revived. 2. Failure to exhaust all lawful means to appeal the denial of a permit to continue the prior use, a parallel use, or a less restrictive use, as defined by this Ordinance, within the time limits prescribed by law, shall constitute immediate and voluntary abandonment. The subject structure or use shall not be used thereafter except in conformity with the regulations of the district in which it is located. 3. Voluntary discontinuance of a non-conforming structure or use shall be considered an admission by its owner that such non-conformity no longer is considered to have value and thereafter dispenses with the need for its further protection, except as provided otherwise herein. In addition to the circumstances mentioned above, the following, alone or in combination, shall be held to be evidence of voluntary abandonment: A. The removal of furniture, equipment and/or machinery and the leaving of the property to the elements. B. Failure to apply for permits and licenses necessary for the continuance of such nonconforming building, structure or use. C. Cessation of a non-conforming use for 12 consecutive months. SECTION 806 Cessation of Use Excused The following shall excuse a cessation of use: 1. War and the consequent restrictions imposed upon use by governmental authority, or the entry of the operator of the non-conforming use into the armed services. 2. Inability of the owner to find a tenant desirous of using the premises, despite active attempts to do so, for a purpose permissible as a non-conforming use. Should a letter of intent for the sale or rental of such non-conforming use of land be submitted to the Zoning Officer prior to the expiration of the 12 month limit, an additional 12 month grace period shall be given. Failure of the owner to submit such a letter shall be held to be voluntary abandonment as in Section 807 listed above. At the expiration of the second 12 month period, the use and any vested rights shall be considered abandoned voluntarily. ZONING 87 ZONING ARTICLE 9 Zoning Hearing Board SECTION 900 Zoning Hearing Board -- Jurisdiction The Pottstown Zoning Hearing Board is created by this Ordinance to help ensure it is administered fairly and equitably. The board shall hear any appeals of determinations by the Zoning Officer. It may also grant relief in the form of a variance if the literal enforcement of this Ordinance causes undue hardship in certain situations. In some circumstances, the Zoning Hearing Board shall also hear challenges to the validity of this Ordinance and hear applications for Special Exceptions. DETAILS For a detailed exposition of this Article, see the Zoning Appendix, Sections A900 through A910, pages A41 through A48. SECTION 901 Zoning Hearing Board – Membership 1. The Pottstown Zoning Hearing Board shall consist of three residents of the Borough appointed by Pottstown Council. 2. The Zoning Officer shall serve as secretary of the Board. 3. Borough Council may appoint, by resolution, at least one, but no more than three, Borough residents to serve as alternate members of the Board. If for any reason the Zoning Hearing Board lacks a quorum, the Chairman of the Board shall appoint alternate members as needed to create a quorum. These members shall participate in all proceedings and discussions of the Board until the matter for which they were appointed is resolved. SECTION 902 Applications 1. Applications to the Zoning Hearing Board may be made in the following matters: A. Request for a variance to this Ordinance B. An interpretation of a ruling of the Zoning Officer C. Special exceptions, where provided for in this Ordinance D. Appeals from enforcement notices 2. Variances may be requested by property owners or tenants, with the property owner’s permission, for the property they own or rent. Appeals of a ruling of the Zoning Officer may be made by any affected resident or property owner, even if he does not own the property in question. 3. The application shall be made on a form prepared by the Zoning Hearing Board that will include: A. The ownership of the property involved B. The dimensions of the property C. The reasons for the application D. Supporting documentation 4. The Zoning Officer shall forward the application, which is subject to a fee set by Borough Council, to the Zoning Hearing Board. ZONING 88 ZONING ARTICLE 9 Zoning Hearing Board SECTION 903 Time limitation 1. No person shall be allowed to file an appeal with the Board later than 30 days after an application for development, either preliminary or final, has been approved by an appropriate Borough officer or body. 2. All appeals from determinations adverse to the landowner shall be filed by the landowner within 30 days after notice of the determination is issued. 3. After a permit has been authorized by the Zoning Hearing Board, a permit must be applied for within 12 months or the authorization expires. If the application fails to comply with the conditions of the authorized permit within 12 months, the authorization expires. SECTION 904 Hearings -- Notification 1. Within 60 days of an applicant’s request, the Zoning Hearing Board shall conduct properly advertised public hearings, which includes: A. Placing notices in a newspaper of general circulation. B. Mailing a notice to the property owner, and, at the discretion of the Zoning Officer, to the occupant of every property within 300 feet of the lot in question. C. Giving notice to the appellant, Zoning Officer, Planning Commission, and Borough Council. D. Mailing a notice to every resident who has formally registered interest in the case. E. Posting a notice conspicuously on the affected tract of land at least one week in advance of the hearing. SECTION 905 Hearings -- Procedures 1. For the conduct of any hearing and making a decision, a quorum shall be not less than a majority of all members of the Board. If for some reason there are not enough members for a quorum, the chairman of the Zoning Hearing Board shall appoint one or more alternates to achieve a quorum. 2. The parties to any hearing shall be: A. The Borough B. The applicant C. Any person affected by the application who has formally asked to appear in the matter D. Any person, including civic organizations, permitted to appear by the Board 3. The parties shall have the right to be represented by counsel and shall be allowed to respond, to present evidence and argument, and to cross-examine adverse witnesses on all relevant issues. 4. Formal rules of evidence shall not apply, but evidence that is irrelevant, immaterial, or unduly repetitious may be excluded. 5. The chairman or acting chairman shall have the power to administer oaths and issue subpoenas and to compel the attendance of witnesses. This power extends to requiring the production of relevant documents and papers including witnesses and documents requested by the parties. ZONING 89 ZONING ARTICLE 9 Zoning Hearing Board SECTION 905 Hearings -- Procedures (continued) 6. The Board shall keep a stenographic record of the proceedings, the cost of which shall be shared equally by the applicant and the Board. 7. The Board shall not communicate with any party or representatives in connection with any issue involved, unless all parties are given a chance to participate. The Board shall not visit the site with any one party. 8. The Board shall issue a written decision within 45 days after the last hearing before the Board. If no decision is needed, written findings will be issued. 9. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based on the findings of fact. Conclusions based on this Ordinance or any other law shall include a reference to the appropriate provisions. 10. A decision or findings by the Board shall be by a majority of the members. A tie vote shall be deemed a denial of appeal. 11. When the Board fails to render a decision within the period required by this Ordinance, and/or fails to hold the required hearing within 60 days of the filing of the application, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant formally gives an extension. 12. A copy of the final decision, or if no decision is needed, the findings of fact, shall be mailed to the applicant after the decision is made. Other parties shall receive a brief notice of the decision, or findings, and a statement identifying the place where the full decision may be reviewed. SECTION 906 Variances 1. The Board shall hear requests for variances where it is alleged that the provisions of this Ordinance inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided all of the following findings are made (where relevant) in a given case: A. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property. That the unnecessary hardship is due to these conditions and not the circumstances or conditions created in the neighborhood or district in which the property is located. B. That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance, and that a variance is necessary to allow the reasonable use of the property. C. That the hardship has not been created by the appellant or his predecessors. D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor impair substantially or permanently the appropriate use or development of adjacent property, nor be detrimental to the public welfare. ZONING 90 ZONING ARTICLE 9 Zoning Hearing Board SECTION 906 Variances (continued) E. 2. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation involved. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code and this Ordinance. SECTION 907 Procedure to Obtain a Preliminary Opinion 1. In order not to delay unreasonably the time when a landowner may secure assurance that the Ordinance or map under which he proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time any challenge to the Ordinance or map will be filed: A. The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative, or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development, and provide a sufficient basis for a preliminary opinion as to its compliance. B. If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall include: 1. A general description of the proposed use or development and its location 2. The place and times where the plans and other materials may be examined by the public. C. The favorable preliminary approval and the time specified in them for commencing a proceeding with the Board shall run from the time when the second notice thereof has been published. SECTION 908 Validity of Ordinance – Substantive Questions 1. A landowner who, on substantive grounds, desires to challenge the validity of this Ordinance or any other ordinance or map or any provision of an ordinance that prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either: A. To the Zoning Hearing Board B. To Borough Council together with an amendment that will cure the alleged defect. SECTION 909 Appeals to Court Nothing in this Ordinance shall be construed to deny an appellant the right to proceed directly to court where appropriate under state law. ZONING 91 ZONING ARTICLE 10 Appeals SECTION 1000 Appeals Appeals to Court shall be in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended. ZONING 92 ZONING ARTICLE 11 Enforcement SECTION 1100 Enforcement by Zoning Officer A Zoning Officer, who shall hold no elective office in the Borough, shall be appointed by Council and may be removed at the will of Council. Council may designate an employee as the Officer’s deputy who shall exercise all the powers of the Zoning Officer during his absence or temporary disability. The provisions of this Ordinance shall be administered and enforced by the Zoning Officer in accordance with its literal terms. In no case shall a permit be granted for construction, use, or change of use that does not conform to this Ordinance. The Zoning Officer is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of this Ordinance. All appeals from decisions of the Zoning Officer shall be taken in the manner set forth in this Ordinance. SECTION 1101 Right of Entry In the discharge of his duties, the Zoning Officer shall have the authority to enter, at any reasonable hour, any structure or land in the Borough to enforce the provisions of this Ordinance. SECTION 1102 Causes of Action 1. In case any building is proposed to be constructed or used in violation of this Ordinance, or if any land is proposed to be used in violation of this Ordinance, the appropriate action or private cause of action to prevent, restrain, correct, or abate such use may be taken by: A. B. C. D. Borough Council The Zoning Officer Any other official of the Borough designated by Borough Council Any aggrieved owner or tenant of real property who shows that his property or person will be affected substantially by the alleged violation 2. When any action is instituted by a land owner or tenant, notice of the action shall be given to Borough Council and the Zoning Officer at least 30 days prior to the time the action is begun by serving them a copy of the complaint. No action may be maintained until such notice been given. SECTION 1103 Enforcement Notice 1. If it appears to the Zoning Officer that a violation of this Chapter has occurred, he shall initiate enforcement proceedings by sending an enforcement notice to: A. The owner of record of the parcel on which violation has occurred. B. To any person who has filed a written request to receive enforcement notices regarding that parcel. C. To any other person requested in writing by the owner of record. 2. The notice shall be by certified letter or by delivery in person. If notice is given in person, the person serving the notice shall obtain a notarized affidavit stating the service was made at a place and time shown on the affidavit. ZONING 93 ZONING ARTICLE 11 Enforcement SECTION 1103 Enforcement Notice (Continued) 3. An enforcement notice shall state at least the following: A. The name of the owner of record and any other person against whom the Zoning Officer intends to take action and the location of the property in violation. B. The specific violation with a description of the requirements that have not been met, citing, in each instance, the applicable provisions of this Ordinance. C. The date by which the steps for compliance must be commenced and the date by which the steps must be completed. D. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period in accordance with the procedures set forth in this Ordinance. E. That failure to comply with the notice within time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly specified. SECTION 1104 Jurisdiction District Justices shall have initial jurisdiction to determine the amount of judgments, damages or penalties from enforcement notices filed under this Ordinance. SECTION 1105 Enforcement Remedies 1. Any person, partnership, or corporation who has violated or permitted the violation of the provisions of this Ordinance shall, upon being found liable in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough. 2. No judgment shall be imposed until the date of the determination of a violation by the district justice. If the defendant neither pays nor appeals the judgment within the time prescribed by law, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. 3. Each day a violation continues shall constitute a separate violation, unless the district justice determines that there was a good-faith basis for the person violating this Chapter to have believed that there was no such violation. In that case, only one such violation has been committed until the fifth day following the date of the determination of a violation by the district justice. After that, each day a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of this Ordinance shall be paid over to the Borough. 4. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of violation and judgment. 5. Nothing contained in this Section shall be interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement under this Section. ZONING 94 ZONING ARTICLE 11 Enforcement SECTION 1106 Finances and Expenditures 1. Borough Council may set fees, by resolution or by ordinance, for applications or appeals. 2. Borough Council may prescribe reasonable fees with respect to the administration of this Ordinance and with respect to hearings before Borough Council and the Zoning Hearing Board. Fees for these hearings may include compensation for the secretary and members of the Zoning Hearing Board, notice and advertising costs, and necessary administrative overhead connected with the hearing. SECTION 1107 Exemptions These sections shall not apply to any existing or proposed building, or building extension, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of The Public Utility Commission to ensure that both the corporation and the Borough have notice of the hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties, and otherwise exercise the rights of a party to the proceedings. DETAILS For details regarding enforcement of this Ordinance, see the Zoning Appendix, Sections A1100 through A1108, pages A50 through A52. ZONING 95 ZONING ARTICLE 12 Amendments SECTION 1200 Amendments Amendments may be prepared by the Planning Commission or by others. All amendments shall be submitted to Borough Council. In the event the amendment involves the rezoning of land, the applicant shall submit an application fee which shall be set by Borough Council from time to time by Resolution. SECTION 1201 Landowner Curative Amendments A landowner who desires to challenge on substantive grounds the validity of this Ordinance and map or any provision in this Ordinance that prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to Borough Council. The curative amendment should be accompanied by a written request that this challenge and proposed amendment be heard and decided as provided in the Zoning Appendix, Section A1201, page A54. SECTION 1202 Municipal Curative Amendments If Borough Council determines this Ordinance, or portions of this Ordinance, are substantively invalid, it shall declare this Ordinance or portions of this Ordinance invalid and shall enact a curative amendment. DETAILS For details about Amendment procedures, see the Zoning Appendix, Sections A1200 through A1203, pages A53 through A56. ZONING 96 ZONING ARTICLE 13 Severability, Conflicts, Repealer SECTION 1300 Severability 1. This Ordinance, comprising various parts, sections, subsections, and clauses, are severable. If any part, sentence, paragraph, subsection, section, or clause is adjudged unconstitutional or invalid, the Borough hereby declares that the remainder of this Ordinance shall not be affected. 2. If any such part is adjudged unconstitutional or invalid as applied to a particular property or structure, it is provided hereby that the application of such portion of this Ordinance to any other property, building, or structures shall not be affected. 3. Whenever any condition or limitation is included in an order authorizing any grading permit, zoning permit, certificate of occupancy, conditional use, or site plan approval, it shall be presumed conclusively that the authorizing officer or body considered such condition or limitation necessary: 4. A. To carry out the spirit and purpose of this Ordinance, or B. The requirement of one of its provisions, and C. To protect the public health, safety, and welfare. It shall further be presumed conclusively that the officer or body would not have granted the authorization to which the condition or limitation pertains, except in the belief that the condition or limitation was lawful. SECTION 1301 Conflict With Other Laws Whenever any provisions set forth in this Chapter are found to be in conflict with mandatory Commonwealth or Federal laws, such mandatory laws shall govern and this Ordinance shall be construed accordingly so that the conflict shall not affect the validity of this Ordinance. SECTION 1302 Conflicts between Main Ordinance and Appendix In the case of any conflict between the main provisions of this ordinance and the appendix, the stricter sections shall control. SECTION 1303 Repealer All Borough ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed, only to the extent of such inconsistency. ZONING 97 ZONING APPENDIX A1 SECTION A100 General Purpose Purpose The intent of this Article is to establish a precise and detailed plan for the use of land in the Borough, and it is enacted to promote and to protect the public health, safety, morals, comfort, convenience, and general welfare of the people in accordance with the Pennsylvania Municipalities Planning Code. SECTION A101 Specific Purpose 1. The specific purposes of this Article are as follows and the same shall be construed liberally to promote and advance such declared purposes: A. Preserve and enhance Pottstown’s traditional town character, protect its historic resources, and revitalize its older areas. B. Promote the general welfare by increasing the amenities of the borough and lowering the cost of living in Pottstown through good urban design. C. Carry out the Community Development Objectives listed in the Preface and Community Development Objectives, which is attached to this Ordinance and marked as Exhibit A. D. Carry out the purpose and scope of Section 105 of the Pennsylvania Municipalities Planning Code, which authorizes the promotion and preservation of Commonwealth historic resources. E. To guide and regulate the orderly growth and development of the Borough in accordance with the Borough Comprehensive Plan and with long-term objectives, principles, and standards deemed beneficial to the interest and welfare of the people. F. To protect the established character and the social and economic well-being of both private and public property. G. To prevent overcrowding of land and buildings, and to avoid undue concentration of population. H. To protect and strengthen the industrial, commercial, and residential tax bases of the Borough. I. To encourage innovation and the promotion of flexibility, economy, and ingenuity in development in the Borough. SECTION A 102 Interpretation and Application. All standards set up in this Article are to be interpreted as minimum standards required. Nothing contained herein shall be construed to prohibit or prevent the use of higher standards. SECTION A 103 Relationship to Other Laws Whenever regulations or restrictions imposed by this Article are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule, or regulation, the rules or restrictions that are more restrictive or that impose higher standards or requirements shall govern. Regardless of any other provision of this Article, no land shall be used and no structure erected or maintained in violation of any Commonwealth or Federal pollution control or environmental protection law or regulation. ZONING -- APPENDIX A1 ZONING APPENDIX A1 Purpose SECTION A104 Administrative Standards Whenever, in the course of administration and enforcement of this Article, it is necessary or desirable to make any administrative decision, then, unless other standards are provided in this Article, the decision shall be made so that the result will not be contrary to the spirit and purpose of this Article or injurious to the surrounding neighborhood. ZONING -- APPENDIX A2 ZONING APPENDIX A2 Applications SECTION A200 Permits Required All zoning permits shall be issued in accordance with this Article by the Zoning Officer who shall affix his signature to such permit. 1. No person shall excavate for or store material machinery, or equipment on a lot in connection with the erection, construction, placement, reconstruction, alteration, repair, extension, replacement, restoration or conversion of any structure, building, or sign, except if specifically excluded by this Article; or change the use, area of use, or percentage of use; or extend or displace the use in part or in total of any structure, building, sign, or land without first filing an application in writing for subsequently receiving approval for a zoning permit. Regardless of whether or not said activity is in conformity with this Article, failure to obtain said permit shall constitute a violation of this Article and said failure shall subject the violator to the penalties specified herein. 2. The application for a permit shall be made by the owner or lessee of the structure, building, sign, or land, or by the agent of either. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application; in the absence of said affidavit, affixing a signature a zoning application shall constitute the making of such affidavit. Attorneys at law and others governed by the law of agency, when acting as the agent of the owner or lessee, are excluded from this requirement. The full names and addresses of the owner, lessee, applicant, or, if the owner or lessee is a corporate body, the responsible officers of said body, shall be stated in the application. 3. A zoning permit shall be deemed to have been abandoned six months after its date of issuance unless such application has been prosecuted diligently, except that for reasonable cause the Zoning Officer may grant one or more extensions of time for additional periods not exceeding 90 days each. Such permit issued shall become invalid if the authorized work is suspended or abandoned for a period of six months after the time of commencing the work. Upon expiration or invalidation of the zoning permit, all other permits issued thereon shall become invalid. 4. No building shall be occupied or otherwise used until such time as a certificate of occupancy is approved by the Zoning Officer after determining that the building, structure, or use is in conformance with the provisions of this Article and is a safe and sound building. 5. The Zoning Officer may revoke a permit or approval issued under the provisions of this Article in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. Any such revocation shall make null and void any other permit issued on the strength of zoning approval. 6. Any permit issued in conflict with the provisions of this Article shall be null and void and may not be construed as waiving any provisions of this Article. ZONING -- APPENDIX A3 ZONING APPENDIX A2 Applications SECTION A200 Permits Required (continued) 8. Exclusion. This Section shall not apply to repairs or improvements required to meet Borough codes when said repairs or improvements do not create a change, intensification, or expansion of use. SECTION A 200.1 Site Plan Approval Requirements 1. No person shall commence any use or erect any structure without first obtaining the approval by the Zoning Officer of a site plan as set forth in these sections, and no use shall be carried on, no structure erected or enlarged and no other improvement or construction undertaken except as shown upon an approved site plan. 2. No certificate of occupancy shall be granted until all improvements shown on an approved site plan have been completed in accordance therewith. However, upon a finding by the Zoning Officer that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer, and that temporary occupancy prior to completion will involve no health or safety hazard, he may authorize a temporary certificate of occupancy bearing an expiration date. The expiration date shall allow reasonable time for completion. It will require posting of a cash bond in double the sum estimated by the Zoning Officer to be needed to complete all required improvements, and it will be conditioned on completion of all required improvements prior to the date of expiration of the temporary certificate of occupancy. 3. Acceptance of a temporary certificate implies consent to application of the bond money to completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied. However, no action or inaction by the Borough of Pottstown in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy or excuse any violation of this Article. A temporary certificate of occupancy may be extended in time, however, and from time to time, for good cause shown. Any such extension shall operate to extend, for the same period, the time for completion under the terms of the bond. ZONING -- APPENDIX A4 ZONING APPENDIX A3 Districts SECTION A300 Establishment of Districts The Borough of Pottstown is divided hereby into zoning districts. The boundaries of said zoning districts are established hereby as shown on the map in the office of Pottstown’s Zoning Officer and listed immediately below: NR Neighborhood Residential Conservation (Overlay District) TTN Traditional Town Neighborhood D Downtown Gateway NB Neighborhood Business (Overlay District) DG Downtown Gateway GE Gateway East GW Gateway West P Park Contemporary FO Flex-Office HB Highway Business HM Heavy Manufacturing Special Overlay Districts Floodplain Airport SECTION A301 Zoning Map The official map on file in the Office of the Zoning Officer is declared hereby to be a part of this Article and shall be known and may be cited as the "Pottstown Borough Zoning Map." SECTION A301.1 Interpretation of the Zoning Map 1. Where, due to the scale, lack of detail or illegibility of the zoning map, there is any uncertainty, contradiction or conflict as to the intended location of any zoning district boundary, as shown thereon, the Zoning Officer shall make an interpretation of said map upon request of any person. Any person aggrieved by any such interpretation may appeal such interpretation to the Zoning Hearing Board. The Zoning Officer and the Zoning Hearing Board in interpreting the zoning map or deciding any appeal shall abide by the following standards: A. The zoning district boundary lines are intended to follow lot lines or be parallel or perpendicular thereto, or to be along the centerlines of alleys, streets, rights-of-way or water courses unless such boundary lines are fixed by dimensions as shown on the zoning map. B. Where zoning district boundary lines are so indicated that they approximately follow lot lines such lot lines shall be construed to be such boundary lines. C. Where a zoning district boundary line divides a lot, the location of any such zoning district boundary line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of the map scale shown thereon. D. If, after the application of the foregoing rules, uncertainty still exists as to the exact location of the zoning district boundary line, the boundary line shall be determined in a reasonable manner considering the history of uses of property and the history of zoning ordinances and amendments in the Borough of Pottstown as well as all other relevant facts. E. The floodplain and airport districts are overlay districts, the maps of which are available for inspection in the office of the Zoning Officer. ZONING -- APPENDIX A5 ZONING APPENDIX A3 Districts SECTIONS A302 through A318 No additional regulations SECTION A319 Special Exceptions The following uses shall be permitted by the Zoning Hearing Board as special exceptions where an applicant shall meet or exceed the following regulations and criteria: 1. Dwelling, Boarding Home A. B. C. D. E. F. G. H. I. Buildings used as boarding homes may not use rooms smaller than 150 square feet for lodging guests. The boarding home must maintain the appearance of a single family home. The boarding home shall be owner-occupied. No more than one person or couple shall inhabit a single room. Buildings used as boarding homes shall be more than 3,500 square feet. No kitchen facility shall be located in any bedroom. A boarding home may lodge a maximum of six guests. One parking space per lodging room shall be provided. The boarding home shall comply with all other Borough Ordinances. 2. Dwelling, Convalescent Home A. B. C. D. E. F. Convalescent homes shall have a bed capacity of at least 20 beds, but no more than 200 beds. The operator of a convalescent home shall be licensed by the appropriate state agency or agencies. Twenty-four hour supervision shall be provided by a staff qualified by the sponsoring state agency. Adequate provisions shall be made for emergency and fire vehicles. One off-street parking space shall be provided for each staff member per maximum shift and one off-street parking space per every five beds. The use of the convalescent home shall comply with all other Borough Ordinances. 3. Dwelling, Group Home A. B. C. D. E. F. G. The facility shall be certified by the appropriate state agency. The license or certification shall be obtained prior to issuance of an occupancy permit by the Borough. A copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year A plan for security of the premises shall be prepared if the facility is a transitional home. Twenty-four hour supervision shall be provided at all transitional and personal care facilities by staff qualified by the sponsoring governmental agency. No kitchen facilities shall be located in any bedroom. The number of residents occupying the group home, including staff, shall not exceed seven persons. Any medical or counseling services provided shall be done only for residents of the group home. The use of the dwelling shall comply with all other Borough Ordinances. ZONING -- APPENDIX A6 ZONING APPENDIX A3 Districts SECTION A319 Special Exceptions (continued) 3. Dwelling, Group Home (continued) H. I. The group home must maintain the appearance of a single family home. One off-street parking space shall be provided for each staff member per shift and one space for every two residents. 4. Dwelling, Tourist Home/Bed and Breakfast A. B. C. D. E. F. Buildings used as tourist homes may not use rooms smaller than 150 square feet for lodging guests. Buildings used as tourist homes shall be more than 3,500 square feet. The tourist home shall be owner-occupied. One parking space per lodging room shall be provided. The tourist home/bed and breakfast must maintain the appearance of a single family home. The use of the dwelling as a tourist home shall comply with all other Borough Ordinances. SECTIONS A320 through A338 No additional regulations SECTION A339 Floodplain Overlay District 1. Purpose. The purpose of this Section is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public money for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies. B. Restricting or prohibiting certain activities and development from locating within areas subject to flooding. C. Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected from against flooding and flood damage. D. Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. 2. Applicability. These provisions, along with the regulations contained in Article 8, Floodplains, of the Code of Ordinances of the Borough of Pottstown, Ordinance No. 1735 of 1993, shall apply to all lands within the jurisdiction of the Borough of Pottstown and shown on the Flood Insurance Rate Map, as amended or superseded, as being located within the boundaries of any Floodplain District. 3. Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered, except in full compliance with the terms and provisions of this Section and any other ordinances and regulations that apply to uses within the jurisdiction of this Section. ZONING -- APPENDIX A7 ZONING APPENDIX A3 Districts SECTION A339 Floodplain Overlay District (continued) 4. Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside the Floodplain Districts, or that land uses permitted within such districts, will be free from flooding or flood damages. 5. This Section shall not create liability on the part of the Borough or any administrator or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. 5. Description of Districts. A. Identification. The identified floodplain area shall be those areas of the Borough of Pottstown which are subject to the one hundred (100) year flood, as identified in the Flood Insurance Study (FIS) dated December 19, 1996, and the accompanying maps prepared for the Borough of Pottstown by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof. B. Description of Floodplain Areas. The identified floodplain area shall consist of the following specific areas: 1. FW (Floodway Area). The areas identified as "Floodway" in the AE Zone in the Flood Insurance Study prepared by the FEMA. 2. FF (Flood Fringe Area). The remaining portions of the one hundred (100) year floodplain in those areas identified as an AE Zone in the Flood Insurance Study, where a floodway has been delineated. The basis for the outermost boundary of this area shall be the one hundred (100) year flood elevations as shown in the flood profiles contained in the Flood Insurance Study. C. Overlay Concept. 1. The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official Zoning Map, and as such, the provisions for the floodplain district serve as a supplement to the underlying district provisions. 2. Where there happens to be any conflict between the provisions or the requirements of any floodplain districts and those of any underlying district, the more restrictive provisions apply. 3. In the event, any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. 6. Zoning Map. The boundaries of the Floodplain Districts are established as shown, or incorporated by reference, on the official Zoning Map of the Borough of Pottstown. Said map hereby is declared to be a part of this Section and shall be kept on file at the office of the Zoning Officer. ZONING -- APPENDIX A8 ZONING APPENDIX A3 Districts SECTION A339 Floodplain Overlay District (continued) 7. District Boundary Changes. The delineation of any of the Floodplain Districts may be revised by the Borough where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U. S. Army Corps of Engineers, River Basin Commission or other qualified agency or individual documents the justification for such change. However, prior to such change, approval shall be obtained from the Federal Insurance Administration (FIA). 8. Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the districts, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Zoning Hearing Board and to submit his own technical evidence if he so desires. 9. District Provisions Compliance. A. All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this Section and with all other applicable codes and ordinances, including all required permits from those governmental agencies from which approval is required by Federal or common law. B. Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system. C. Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the Borough, a permit shall be obtained from the Department of Environmental Protection, Dams and Encroachments Division. Further, notification of the proposal shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to both the Federal Insurance Administration and the Department of Conservation and Natural Resources. 10. Floodway District (FW). In the Floodway District, no development shall be permitted except where the effect of such development on the flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or Commonwealth authorities as required above. A. Permitted Uses. In the Floodway District the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment: 1. Agricultural uses such as general farming, pasture, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. 2. Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas. 3. Accessory residential uses such as yard areas, gardens, play areas, and pervious parking areas. ZONING -- APPENDIX A9 ZONING APPENDIX A3 Districts SECTION A339 Floodplain Overlay District (continued) 4. Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, and the like. B. Uses Permitted by Special Exceptions. The following uses and activities may be permitted by special permit provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance: 1. Structures, except for mobile homes, accessory to the uses and activities in subsection 10(A) hereof. 2. Utilities company operational facilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses. 3. Water-related uses and activities such as marinas, docks, wharves, piers, etc. 4. Extraction of sand, gravel and other materials. 5. Temporary uses such as circuses, carnivals and similar activities. 6. Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is anchored firmly to prevent flotation or movement, and/or can be removed readily from the area within the time available after flood warning. 7. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments, shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances. 11. Flood-Fringe District (FF). In the Flood-Fringe District the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in all other applicable codes and ordinances. 12. Special Exceptions and Variances. A. In passing applications for special exceptions and variances, the Zoning Hearing Board shall follow the procedures given elsewhere in this Part and shall consider all relevant factors, among them: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted within the floodway district for any proposed use, development or activity that will cause any increase in flood levels during the one hundred (100) year flood. [Ord. 1835] 2. The danger that materials may be swept on to other lands or downstream to the injury of others. ZONING -- APPENDIX A10 ZONING APPENDIX A3 Districts SECTION A339 Floodplain Overlay District (continued) 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. 10. The safety of access to the property in times of flood of ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 12. Such other factors which are relevant to the purposes of this Section. B. The Zoning Board may refer any application and accompanying documentation pertaining to any request for a special exceptions or variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters. C. Special exceptions and/or variances shall be issued only after the Zoning Hearing Board has determined that the granting of such will not result in: 1. Unacceptable or prohibited increases in flood heights. 2. Additional threats to public safety. 3. Extraordinary public expenses. 4. Nuisances. 5. Fraud or victimization of the public. 6. Conflict with national, Commonwealth, or local laws. ZONING -- APPENDIX A11 ZONING APPENDIX A3 Districts SECTION A339 Floodplain Overlay District (continued) 13. Existing Structures in Floodplain Districts. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions but that is not in conformity with these provisions may be continued subject to the conditions set forth in Article 8, Floodplains, 9105, "Existing Structures in Identified Floodplain Areas, of the Code of Ordinances of the Borough of Pottstown, Ordinance No. 1735 of 1993. 14. Special Definitions. Certain terms as used in this Section are defined as follows: DEVELOPMENT - Any manmade change to improve or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials. [Ord. 1835] FLOOD - a temporary inundation of normally dry land areas. FLOOD FRINGE - that portion of the floodplain outside the floodway. FLOODPLAIN A. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation. B. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source. FLOODPROOFED - constructed in accordance with the floodproofing regulations set forth in the various building codes of the Borough. FLOODWAY - the designated area of a floodplain required to carry and discharge flood waters of a given magnitude. For the purposes of this Section, the floodway shall be capable of accommodating a flood of the 100 year magnitude. HISTORIC STRUCTURES - any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register. B. Certified or preliminary determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary to qualify as a registered historic district. C. Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior. ZONING -- APPENDIX A12 Districts ZONING APPENDIX A3 SECTION A339 Floodplain Overlay District (continued) D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 1. By an approved State program as determined by the Secretary of the Interior; or, 2. Directly by the Secretary of the Interior in states without approved programs. ONE HUNDRED (100) YEAR FLOOD - a flood that, on the average is likely to occur once every one hundred (100) years, (i.e. that has a one (1%) percent chance of occurring each year, although the flood may occur in any year). SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Ord. 1835] SUBSTANTIAL IMPROVEMENT - any repair, reconstruction, rehabilitation, addition to other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, as defined herein, regardless of their actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or, 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure. 15. Prohibited Activities and Obstructions. A. Development that may endanger human life. In accordance with the administrative regulations promulgated by the Pennsylvania state agencies to implement the Pennsylvania Floodplain Management Act (Act 166 of 1978), the following activities have been identified as being dangerous to human life or posing a special hazard in floodplain areas: 1. Any new or substantially improved structure that will be used for a production or storage of any of the following materials or substances or that will be used for any activity requiring the maintenance of a supply (more than 550) gallons or other comparable volume, or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises: (a) Acetone. (b) Ammonia. (c) Calcium. (d) Carbide. (e) Benzene. (f) Carbon Disulfide (g) Celluloid. ZONING -- APPENDIX A13 Districts ZONING APPENDIX A3 SECTION A339 Floodplain Overlay District (continued) (h) Chlorine. (i) Hydrochloric Acid. (j) Hydrocyanic Acid. (k) Magnesium. (l) Nitric Acid and Oxides of Nitrogen. (m) Petroleum products (gasoline, fuel oil, etc.). (n) Phosphorus. (o) Potassium. (p) Sodium. (q) Sulphur and Sulphur products. (r) Pesticides (including insecticides, fungicides, and rodenticides). (s) Radioactive substances (insofar as such substances are not regulated otherwise). 2. Within any floodway area, any structure of the kind described in subsection (1) above shall be prohibited. 3. Where permitted within any flood-fringe area, any structure of the kind described in (1) above shall be: elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100 year flood; and, designed to prevent pollution from the structure or activity during the course of a 100 year flood. 4. Any structure or part thereof, that will be built below the Regulatory Flood Elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication "Flood-Proofing Regulations" (U.S. Army Corps of Engineers, June, 1972), or with some other equivalent watertight standard. 5. Except for a possible modification of the freeboard requirements involved, no variance shall be granted for any of the other requirements of this Section. B. Floodplain Special Obstructions. Within any identified floodway or flood-fringe, the following obstruction and activities shall be prohibited and no variance shall be granted. 6. The construction, enlargement, or expansion of any structure used, or intended to be used, for any of the following: (a) Hospitals (public or private). (b) Nursing home (public or private). (c) Jail or prison. 2. The commencement of, or any construction of, a new mobile home park or mobile home subdivision, or substantial improvement to an existing mobile home park or mobile home subdivision. SECTIONS A340 through A341 No additional regulations ZONING -- APPENDIX A14 ZONING APPENDIX A3 SECTION A342 Airport Overlay District Districts 1. Short Title. This Section shall be known as the "Pottstown Municipal Airport Zoning Ordinance." 2. Purpose. This Section is enacted, pursuant to Act 164 of 1984, codified at 74 Pa. Cons. State 95101 et seq., to protect the lives and property of users of the Pottstown Municipal Airport and of occupants of land in its vicinity, and to protect the utility of the airport and the public investment therein by preventing the creation or establishment of airport hazards, and by the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards. 3. Applicability. These provisions shall apply to all lands within the Borough that are shown on the Official Zoning Map as being located within the boundaries of any airport zone. The Airport District map shall be kept for public inspection in the office of the Zoning Officer. 4. Creation of District and Overlay Concept. The Airport District is created hereby and the airport zones described herein shall be overlays to the existing underlying districts as shown on the Official Zoning Map and, as such, the provisions for the airport zones shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provisions or requirements of any of the airport zones and those of any underlying district, the more restrictive provisions shall apply. 5. Definitions. As used in this Section, the following words and phrases shall be interpreted as follows, unless the context clearly indicates otherwise: AIRPORT - the Pottstown Municipal Airport. AIRPORT ELEVATION - two hundred fifty-six (256) feet above the mean sea level. APPROACH SURFACE - a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitations slope set forth in subsection (7) hereof. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES - those zones described in subsection (6) hereof. CONIAL SURFACE - a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. HAZARD TO AIR NAVIGATION or HAZARD - an obstruction determined to have a substantial adverse effect of the safe and efficient utilization on the navigable airspace. HEIGHT - as measured from two hundred fifty-six (256) feet above mean sea level elevation, or airport elevation, unless specified, or indicated clearly, otherwise. HORIZONTAL SURFACE - a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which, in plan, coincides with the perimeter of the horizontal zone. ZONING -- APPENDIX A15 ZONING APPENDIX A3 Districts SECTION A342 Airport Overlay District (continued) LARGER THAN UTILITY RUNWAY - a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and by jet-powered aircraft. NONCONFORMING USE - any structure, object of natural growth or use of land that is inconsistent with provisions of this Section or amendment thereto and that is in existence as of the effective date of this Section or of such amendment hereto, as the case may be. NONPRECISION INSTRUMENT RUNWAY - a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned. OBSTRUCTIONS - any structure, growth or other object, including a mobile object, that exceeds a limiting height set forth in subsection (7) hereof. PRECISION INSTRUMENT RUNWAY - a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. PRIMARY SURFACE - a surface centered longitudinally on a runway. When the runway has a specifically prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface is set forth in subsection (6) hereof. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. RUNWAY - a defined area on an airport prepared for landing and take-off of aircraft along its length. STRUCTURE - an object, including a mobile object, constructed or installed by man, including but not limited to buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines. TRANSITIONAL SURFACES - those surfaces extending outward at ninety (90) degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at ninety (90) degree angles to the extended runway centerline. TREE - any object of natural growth. UTILITY RUNWAY - a runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five (12,500) pounds maximum gross weight and less. ZONING -- APPENDIX A16 ZONING APPENDIX A3 Districts SECTION A342 Airport Overlay District (continued) VISUAL RUNWAY - a runway intended solely for the operation of aircraft using visual approach procedures. 6. Establishment of Zones. In order to carry out the provisions of this Section, there are created and established, hereby, certain zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Pottstown Municipal Airport Height Limitation and Zoning District Map, prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, dated 1989, which is attached to this Article and made part hereof. An area located in more than one (1) of the following zones is considered to be in only the zone with the more restrictive height limitation. The various zones are established hereby and are defined as follows: A. Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty (250) feet wide. The approach zone extends outward uniformly to a width of one thousand two hundred and fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway. B. Transitional Zones. The transitional zones are the areas beneath the transitional surfaces. C. Horizontal Zone. The horizontal zone is established by swinging arcs of five thousand (5,000) feet radii for all runways, designated utility or visual, and ten thousand (10,000) [feet] for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zone. D. Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand (4,000) feet. 7. Airport Zone Height Limitations. Except as provided otherwise in this Section, no structures shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this Section to a height in excess of the applicable height established herein for such zone. Such applicable height limitations are established hereby for each of the zones in question as follows: A. Utility Runway Visual Approach Zone. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand (5,000) feet along the extended runway centerline. B. Transitional Zones. Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and extending to a height of one hundred fifty (150) feet above the airport elevation. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety (90) degree angles to the extended runway centerline. ZONING -- APPENDIX A17 ZONING APPENDIX A3 Districts SECTION A342 Airport Overlay District (continued) C. Horizontal Zone. Established at one hundred fifty (150) feet above the airport elevation. D. Conical Zone. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation. E. Excepted Height Limitations. Nothing in this Section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to thirtyfive (35) feet above the surface of the land 8. Use Restrictions. Notwithstanding any other provision of this Section, no use may be made of the land or water with any zone established by this Section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport. 9. Nonconforming Uses. A. The regulations prescribed in this Section shall be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Section, or otherwise interfere with continuance of a legal nonconforming use. Nothing contained herein shall require any change of the construction, alteration, or intended use of any structure, the construction or alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Section, and is diligently prosecuted. B. Notwithstanding the preceding subsection, the owner of any existing legal nonconforming structure or tree is required hereby to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstructions. 10. Future Uses. Except as provided, specifically in (A), (B), and (C) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created hereby unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient information to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed herein. If each determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Section shall be granted unless a variance has been approved pursuant to subsection (13) hereof. A. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required by this Section for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones. ZONING -- APPENDIX A18 ZONING APPENDIX A3 Districts SECTION A342 Airport Overlay District (continued) B. In areas lying within the limits of the approach zones, but at a horizontal distance o, not less than four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required by this Section for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones. C. In areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required by this Section for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits of this Section except as set forth in subsection (7) hereof. 11. Existing Uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this Section or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted. 12. Nonconforming Uses Abandoned or Destroyed. Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than eighty percent (80%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. 13. Appeal to Zoning Hearing Board. The Zoning Hearing Board is empowered to grant variances in order to prevent or lessen such practical difficulties and unnecessary physical hardships inconsistent with [the] objectives of this Section as would result from strict or literal interpretation and enforcement of certain of the regulations prescribed herein, provided that the relief granted would not be contrary to the public interest, would not violate the spirit of this Section, and would not contravene any rule or regulation of any Commonwealth or Federal body having jurisdiction over the airport, and, provided that any relief granted may be subject to any reasonable conditions that the Board may deem necessary to effect the purposes of this Section. In granting any variance under this Section the Board may, if it deems such action advisable to effect the purposes of this Section and reasonable in the circumstances, so condition such variance as to require the owner of the structure or tree in question, at his or her own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Appeals shall be taken pursuant to 9909(3) et seq., except that the following additional regulations shall apply: A. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration and from the Pennsylvania Department of Transportation, Bureau of Aviation, as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. B. No application for a variance may be considered by the Board unless a copy of the application has been furnished, by the Zoning Officer to the Airport Manager for advice as to the aeronautical effects of the proposal. If the Airport Manager does not respond within fifteen (15) days after the receipt of the application, it shall be presumed that the Airport Manager has approved the proposal. An unfavorable report or failure to report shall not be binding on the Board. ZONING -- APPENDIX A19 ZONING APPENDIX A3 Districts SECTION A343 District Boundaries There are no additional regulations. SECTION A344 Effect There are no additional regulations. ZONING -- APPENDIX A20 ZONING APPENDIX A4 Conditional Uses SECTION A400 Procedure for Conditional Use Application Any application for conditional use as specified in the various parts of this Article shall be considered by Borough Council according to Section 400 of the main ordinance. 1. The Borough shall conduct hearings and make decisions in accordance with the following requirements: A. By advertising a legal notice published once each week for two successive weeks in a newspaper of general circulation. Such notice shall state the location of the building or lot, the general nature of the question involved and the time and place of the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. B. By mailing at least one week in advance of the hearing, notice to the owner and to the occupants of every property within 300 feet of the lot in question; provided, the failure to give any such notice to these, other than the owner, shall not be involved in any action taken by Borough Council. C. By posting notice conspicuously on the affected tract of land at least one week in advance of the hearing. D. Borough Council shall schedule a public hearing within 60 days of the application date to consider the proposal and shall render a verbal decision within 15 days from the close of the last hearing and notify the applicant, in writing, within 15 days after the verbal decision. E. Borough Council shall consider the comments and recommendations of the Borough and County Planning Commission, other advisors and those present at the public hearing prior to deciding to approve or deny the proposed use and any conditions to be imposed upon approval. F. The time limits in this Section may be waived by the applicant as necessary. SECTION A401 Conditional Uses 1. Adult Entertainment Uses A. Intent. The Borough of Pottstown has determined that adult entertainment uses frequently have secondary effects which can have a negative impact upon the health, safety and welfare of Borough residents. These situations include difficulties with law enforcement, municipal maintenance, trash, negative effects on business and residential property values, increased crime and prostitution. The Borough of Pottstown considers that limiting the location of adult entertainment uses is a legitimate and reasonable means of addressing the secondary effects of such uses without affecting or suppressing any activities protected by the First Amendment of the United States Constitution. B. Development Regulations. All adult entertainment uses shall meet the following conditions: 1. Adult entertainment uses shall not be located in any zoning district, except for the HM Heavy Manufacturing District, where they are permitted as a conditional use. ZONING -- APPENDIX A21 Conditional Uses ZONING APPENDIX A4 SECTION A401 Conditional Uses (continued) 1. Adult Entertainment Uses (continued) 2. No adult entertainment use shall be located within 500 feet of a church, school, child day care facility, hospital, park, playground, residential use or residential zoning district. 3. No adult entertainment use shall be located within 1,000 feet of another adult entertainment use. 4. For the purpose of this Section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure containing an adult entertainment use to the nearest property line of the premises of a church, school, child day care facility, hospital or residential use, or to the nearest boundary of a park, playground, or residential zoning district. 5. Adult uses shall be housed in completely enclosed buildings, designed and used in a manner which prevents the viewing of adult use activities or materials from outside the building. 6. No exterior display of products, activities or shows shall be permitted, except for a sign. In addition to the sign requirements contained in Article 7 of this Ordinance, a sign for an adult entertainment use shall meet the following requirements: A. B. 7. The sign shall only identify the name of the establishment and/or its hours of operation The area of the sign shall not exceed 40 square feet. If any portion of a use meets the definition of adult entertainment use, except for limited sale of adult materials as listed under the adult bookstore definition, then that portion must comply with the requirements of this Section. 2. Automotive Repair Station No additional regulations. 3. Building size No additional regulations. 4. Car Wash No additional regulations. 5. Cellular Communications In recognition of the quasi-public nature of cellular communications systems, the following regulations shall apply: A. Purposes. 1. To accommodate the need for cellular communications antennae while regulating their location and number in the Borough. 2. To minimize adverse visual effects of cellular communications antennae and antenna support structures through proper design, siting and vegetative screening. ZONING -- APPENDIX A22 ZONING APPENDIX A4 Conditional Uses SECTION A401 Conditional Uses (continued) 5. Cellular Communications (continued) 3. To avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through engineering and proper siting of antenna support structures. 4. To encourage the joint use of any new antenna support structures to reduce the number of such structures needed in the future. B. Use Regulations. 1. A cell site with antenna that is attached to an existing communications tower, smoke stack, water tower or other tall structure is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required. 2. A cell site with antenna that is either not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted, is permitted by conditional use in all zoning districts. 3. All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited in the zoning district in which the cell site is located. C. Standards of Approval of Conditional Use. 1. The cellular communications company is required to demonstrate, using technological evidence, that the antenna must be located where it is proposed in order to satisfy its function in the company's grid system. 2. If the cellular communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter (-) mile radius from the proposed site, requested permission to install the antenna on those structures, and was denied for reasons other than economic ones. Tall structures include, but are not limited to, smoke stacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.) and other tall structures. The Zoning Officer may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure. D. Standards of Approval of All Cellular Communications Antennae. 1. Antenna Height. The applicant must demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum shall be approved. 2. Setbacks From Base of Antenna Support Structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on a existing structure), the minimum distance between the base of the support structure or any guy wire anchors and any property line shall be the largest of the following: ZONING -- APPENDIX A23 Conditional Uses ZONING APPENDIX A4 SECTION A401 Conditional Uses (continued) 5. Cellular Communications (continued) (a) Thirty percent of antenna height. (b) The minimum setback in the underlying zoning district. (c) Forty feet. 3. Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers. 4. Fencing. A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of 6 feet in height. 5. Landscaping. Landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure and any other ground level features (such as a building), and in general to soften the appearance of the cell site. The landscape screening shall comply with Pottstown’s Subdivision Ordinance. 6. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular communications companies, and local police, fire and ambulance companies. 7. The cellular communication company must demonstrate it is licensed by the Federal Communications Commission. 8. Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift. 9. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by FAA. 10. A full site plan shall be required for all cell sites, showing the antenna support structure, building, fencing, buffering, access and all other items required in the Subdivision and Land Development Ordinance. The site plan shall not be required if the antenna is to be mounted on an existing structure. 6. Cemeteries No additional regulations ZONING -- APPENDIX A24 ZONING APPENDIX A4 Conditional Uses SECTION A401 Conditional Uses (continued) 7. Child Care Facility A. General Provisions. The following general provisions apply to each of the three defined types of child day care facilities. In addition, each type of child day care facility shall comply with the specific individual regulations for each type of facility: 1. Categories Included. The provisions of this Section pertain to day care service for children by caregivers in: a. Family Day Care homes b. Group Day Care homes c. Day Care Centers subject to Article II, Sections 8A, 8B and 8C of DPW Social Services Manual Regulations. Day care service for children shall include out-of-home child day care service for part of a 24 hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day care service for children shall not include babysitting or day care furnished in places of worship during religious services. 2. Registration and Licensing. Family day care homes, as defined in this Article, must hold an approved and currently valid DPW registration certificate. Group day care homes and day care centers, as defined in this Article, must hold an approved and currently valid DPW license. In addition, all child day care facilities shall comply with all current DPW regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable State or local building and fire safety codes. 3. Municipal Notification. Each operator of a newly established child day care facility shall notify the municipality in writing at least 15 days prior to the initiation of such use, for the purpose of allowing the municipality to establish a record of new land use. Already existing licensed or registered facilities shall be required to notify the municipality of its operation in writing at least 60 days after the enactment of this Section. In addition, the operator of any facility must certify compliance with all aspects of this Section and all other applicable municipal requirements. 4. a. Family day care homes must provide proof of an approved DPW registration certificate at the time of initial notification to the municipality, and must show proof of the registration renewal every two years. At such time that a family day care home wishes to expand its operation to the level of a group day care home, the operator of the facility shall notify the municipality in writing at least 15 days prior to the expansion of the use, and provide proof that all requirements for licensure by DPW have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day care homes established in subsection (3), herein. b. Group day care homes and day care centers must provide proof of an approved and currently valid DPW license at the time of initial notification to the municipality, and must provide proof of annual license renewal. Inspection. The operator of a family day care home, group day care home or day care center will allow appropriate representatives of the municipality to enter the property at reasonable times to inspect such use for compliance with the requirements of this Section and all other applicable municipal and State ordinances ZONING -- APPENDIX A25 ZONING APPENDIX A4 Conditional Uses SECTION A401 Conditional Uses (continued) 7. Child Care Facility (continued) 5. General Safety. No portion of a child care facility shall be located within a 300 foot distance from any potentially hazardous land use or activity which could pose a threat to the safety and welfare of the children, staff and other occupants at the facility. Hazardous land uses or activities include, but shall not be limited to, gasoline service stations, heavy industrial operations, storage of flammable or high pressure underground pipelines, truck or rail loading areas, etc. 6. Hours of Outside Play. Outside play shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service. 7. Outdoor Play Area. An outdoor play area, as required by DPW regulations, shall be provided for any proposed child day care facility. a. On-Site Outdoor Play Area. An on-site outdoor structured play area or areas of high outdoor activity shall be located in yard areas which provide adequate separation, safety and protection from adjoining uses, properties and roadways. Whenever possible, the on-site outdoor play area shall not be located in the front yard. The outdoor play area should be located immediately adjacent to the child care facility. b. Off-Site Outdoor Play Area. In accordance with DPW standards, a child day care facility may utilize off-site play areas in lieu of or as a supplement to an on-site play area. These standards permit the use of off-site play areas which are located within a 1/2 mile distance of the facility, measured from the property line of the facility. When the use of an off-site play area is proposed, the applicant shall inform the municipality about the means of transportation that will be used to access the off-site play area. For reasons of safety, when children will be walked to an off-site play area, the route to the off-site play area shall not involve the crossing of avenues or state roads (as defined by Pottstown’s Subdivision Ordinance). Pedestrian access on sidewalks or improved walkways shall be required. 8. Altering Exterior of Residential Structures. Any addition or improvement to an existing residential structure or property for purposes of child day care shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be compatible with the existing structure. Any improvements to the structure shall be in compliance with all other applicable municipal regulations relating to building and/or zoning permits. 9. Traffic Impact Study. Any proposed child day care facility which will generate 100 or more new trips during the morning or evening peak hour shall be required to conduct a traffic impact study a. Objective. The purpose of the traffic impact study is to provide the local Planning Commission and governing body with adequate information and data to properly assess: (a) The impact of the proposed facility on the surrounding road and street network, as well as on streets and roads providing immediate access to the proposed development. ZONING -- APPENDIX A26 Conditional Uses ZONING APPENDIX A4 SECTION A401 Conditional Uses (continued) 7. Child Care Facility (continued) B. b. The need for capital improvements to the existing transportation network which will be needed to accommodate the additional traffic generated by the proposed facility. c. Traffic and/or pedestrian safety issues which may arise from the proposed facility. Family Day Care Homes. Any proposed family day care home shall comply with the following standards in addition to the general provisions for all types of child day care facilities in subsection 1 above. 1. Development Standards. The following standards shall apply to all proposed family day care homes: a. b. 2. Drop-Off Area. One on-site drop-off space for clients shall be provided. An existing driveway or common parking lot space may be used as the drop-off area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the drop-off area and the proposed use fronts an arterial or major collector street, an onsite turn around area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a drop-off area, an on-site drop-off space shall be provided. The drop-off area shall conform to the municipal dimensional standards for residential parking spaces. 1. In cases where the drop-off area cannot be accommodate on the site, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility. 2. The required drop-off area may be waived by the municipality if the applicant can demonstrate that the clients of the family day care home will walk to the facility, thereby eliminating the need for the additional parking space. Fencing. If there are unsafe areas, such as open drainage ditches, wells, holes, heavy street traffic, etc., in or near to an outdoor play area, there shall be fencing to restrict children from these areas. Natural or physical barriers, such as hedge rows, walls or dense vegetation may be used in place of fencing so long as such barriers functionally restrict children from unsafe areas. The following standards shall apply to family day care homes: a. The applicant shall demonstrate that the children in the family day care home can safely, quickly and easily vacate the premises in case of emergency. b. The hours of operation shall be limited to the hours between 6:30 a.m. and 8:00 p.m. ZONING -- APPENDIX A27 Conditional Uses ZONING APPENDIX A4 SECTION A401 Conditional Uses (continued) 7. Child Care Facility (continued) 3. c. The applicant shall demonstrate that the current lease or homeowners' covenants for the apartment contains no clause which prohibits the proposed use. d. The applicant shall provide the name and address of adjacent apartment dwellers to allow the municipality to notify such individuals of the proposed use. Adjacent apartments shall be considered all apartments located within 10 feet from any wall, floor or ceiling of the proposed use. Group Day Care Homes. Any proposed group day care home shall comply with the following standards in addition to the general provisions for all types of child day care facilities in subsection 1 above: a. Minimum Distance Between Facilities. 1. Neighborhood Residential District Traditional Town Neighborhood District a. 2. b. In order to avoid a concentration of individual group day care homes in residential neighborhoods, group day care homes shall be located a minimum of 300 feet from each other as measured from the respective property lines. This dispersion requirement shall not apply in cases where a proposed group day care home is located within 300 feet of a school facility or church which provides child care services. The above requirement may be waived if the applicant provides a petition signed by 2/3 of the residents within 300 feet of the proposed facility, stating that the residents do not object to the proposed use. Drop-Off Area. 1. A drop-off area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway or common parking lot spaces may be used as the drop-off area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate two parked vehicles. If a driveway is used for the drop-off area and the proposed use fronts an avenue or state road as defined in Pottstown’s Subdivision Ordinance, an on-site turn around area shall be provided so that vehicles can exit the site driving forward. In cases where the existing driveway cannot function as a dropoff area, two new on-site drop-off spaces shall be provided. The drop-off area shall conform to the municipal dimensional standards for residential parking spaces. 2. In cases where the on-site drop-off area cannot be accommodated, the applicant shall demonstrate that there is on-street parking or some other available parking area located within 250 feet of the property line of the proposed facility. ZONING -- APPENDIX A28 Conditional Uses ZONING APPENDIX A4 SECTION A401 Conditional Uses (continued) 7. Child Care Facility (continued) 3. 4. Fencing of Outdoor Play Area. In order to physically contain the activity of children in the outdoor play area, a minimum four feet high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines. Fencing may be substituted by natural barriers such as hedge rows, walls, dense vegetation, etc., if it can be demonstrated that such barriers can effectively contain the activity of the children Day Care Centers. Any proposed day care center shall comply with the following standards in addition to the general provisions for all types of child day care facilities in subsection (1) above. a. Minimum Distance Between Facilities. 1. b. Neighborhood Residential District Traditional Town Neighborhood District 1. In order to avoid a concentration of individual group day care homes in residential neighborhoods, group day care homes shall be located a minimum of 300 feet from each other as measured from the respective property lines. This dispersion requirement shall not apply in cases where a proposed group day care home is located within 300 feet of a school facility or church which provides child care services. 2. The above requirement may be waived if the applicant provides a petition signed by 2/3 of the residents within 300 feet of the proposed facility, stating that the residents do not object to the proposed use. Drop-Off Area. 1. Number of Drop-Off Spaces. A minimum of one safe drop-off space shall be provided for each 20 children that the facility is licensed to accommodate. 2. Drop-Off Area Location and Design. a. Whenever possible, the drop-off area shall be located immediately adjacent to the facility. The drop-off area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The drop-off area may be designed either as a part of the on-site parking area or the required drop-off spaces may be designed as a party of driveway providing direct access to the facility. ZONING -- APPENDIX A29 Conditional Uses ZONING APPENDIX A4 SECTION A401 Conditional Uses (continued) 7. Child Care Facility (continued) b. 3. When the drop-off area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as drop-off spaces. When the drop-off area is incorporated into a driveway, the drop-off spaces shall be located within a vehicle turnout area 12 feet in width exclusive of the driveway through traffic lane(s). Miscellaneous 1. Fencing of Outdoor Play Area. In order to physically contain the activity of children in the outside play area, a minimum four feet high fence shall be erected along the perimeter of the outside play area. When applicable, the fence may be located along property lines. Natural barriers such as hedge rows, dense vegetation, etc., may be substituted for fencing if it can be demonstrated that such barriers can effectively contain the activity of the children. 2. Play Equipment Setback. Play equipment in designated onsite play areas shall be located at least 10 feet from an abutting property line. 3. The proposed day care center shall not be detrimental to the use, development, peaceful enjoyment and economic value of the surrounding properties or the neighborhood. 4. The proposed day care center shall be compatible with the existing character of the neighborhood. 8. Churches No additional regulations 9. Convenience Store with Gasoline Dispensing Center No additional regulations 10. Drive-through Windows as an Accessory Use No additional regulations. 11. Dwelling, Attached Single Family No additional regulations. 12. Dwelling, apartments (in building with a minimum of 2,400 square feet on the first floor) There are no additional regulations. ZONING -- APPENDIX A30 ZONING APPENDIX A4 Conditional Uses SECTION A401 Conditional Uses (continued) 13. Dwelling, single family attached There are no additional regulations. 14. Golf Course There are no additional regulations. 15. Kennels, Commercial (With or without accompanying veterinary practice) There are no additional regulations. 16. Mobilehome Park In the Highway Business district subject to the following conditions: A. The proposed development shall be designed as a unified project and shall be owned and operated as a single management and maintenance unit. B. Each application to establish a mobilehome park shall be accompanied by a plan that shall show: 1. The location, boundaries, dimensions, and ownership of the land to be included in the area for which the application is made and the owners of adjoining properties. 2. The location and arrangement of all spaces or areas to be provided for the mobile homes and all other proposed buildings or uses. 3. The location and capacity of all areas to be used for parking, loading and unloading, streets, automobile access, or any other form of automobile or pedestrian circulation. 4. Provisions for sewage and waste disposal. 5. Sufficient information in all instances to enable the Board to review the overall layout of the proposed use and determine its compliance with the requirements of this Part or any other ordinance or regulation of the Borough relating to mobile homes. C. Each mobile home lot or space shall be not less than 4,000 square feet in area, exclusive of any street or other tract area, and the gross density shall be not more than six mobile homes per acre. Each space shall be defined clearly. D. No mobile home or other building shall be located closer than 20 feet from an internal street or 25 feet from another mobile home (including additions, carports, or storage sheds). E. A planting strip of evergreen trees and/or shrubs, not less than 15 feet in width, shall be placed along any public street or mobile home boundary line. Along each boundary that abuts either a residential district or a property devoted to residential use, such planting strip shall be sufficient in height and density to constitute an effective screen. F. All areas of mobile home tract not covered by buildings or paving shall be landscaped appropriately in accordance with an approved landscaping plan. Natural features such as trees and streams shall be preserved wherever practicable. ZONING -- APPENDIX A31 ZONING APPENDIX A4 Conditional Uses SECTION A401 Conditional Uses (continued) 16. Mobilehome Park (continued) G. Each mobile home shall be provided with a foundation designed and constructed in accordance with the requirements of the Borough. H. All parking bays or areas, loading and unloading areas, streets, and other facilities for circulation shall be arranged for proper and safe vehicular and pedestrian circulation within the tract and shall be paved with an acceptable hard surface. I. In order to encourage an attractive building arrangement, variations in the placement and orientation of mobile homes shall be encouraged. J. The proposed development shall be served by public sewer and water facilities. K. Provision shall be made for the recreational requirements of residents thereof. Recreational areas shall be of such dimensions and in such locations that they are suitable for the intended purpose. L. Adequate provision shall be made for the disposal of refuse, subject to approval by Borough health and sanitation officials. M. All areas shall be graded and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent erosion, dust, and the flow of excessive water across streets or onto adjacent properties. Arrangements satisfactory to the Borough shall be made for the lighting of internal streets and public areas and for safety and fire protection. N. No business enterprise, other than an office for the leasing of mobilehome lots or spaces, shall be conducted upon land utilized as a mobilehome park, unless authorized specifically by Borough Council and in conjunction with a service, management, or recreational purpose clearly accessory to the mobilepark and for the benefit of residents thereof. 17. Neighborhood Automobile Service Station There are no additional regulations. 18. Parking Garage There are no additional regulations. 19. Parking Lot There are no additional regulations. 20. Parks A. Applicant shall demonstrate that the scale, location and intended use of the park will not adversely affect the surrounding neighborhood. B. Hours of operation shall be limited to 7 a.m. to 8 p.m. unless extended by Borough Council. ZONING -- APPENDIX A32 ZONING APPENDIX A4 Conditional Uses SECTION A401 Conditional Uses (continued) 20. Parks (continued) C. The Borough may require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic in the neighborhood within 1,000 feet of the property. Any required parking lot shall meet the standards in Article 6. D. All lighting shall be shielded and reflected away from adjacent properties and streets to prevent glare on adjoining properties. E. The applicant shall submit a litter control plan as part of the application. 21. Recreational Rental Facilities A. Although there is no minimum lot size, the site shall be sufficient to accommodate any proposed facilities. B. The site shall be developed so as to preserve its natural character, particularly preserving natural vegetation. C. Use of the site shall conform to the floodplain overlay district, Section A339. 22. Restaurants (Park District) A. The size, design, hours of operation, and parking facilities of any restaurant within the Park District shall be determined by Borough Council to compliment the most enjoyable, efficient, and environmentally sound use of the Park District. 23. School There are no additional regulations 24. Social Club There are no additional regulations 25. Solid Waste Facility A. Operational parts of said facility shall be located at least 500 feet away from any residential or business zoning district and from the Schuylkill River or Manatawny Creek. B. The capacity of the facility shall be limited to 40 tons received per day. C. All storage, loading, unloading, processing, reduction, transfer, recycling, or conversion to energy of solid waste shall be conducted within enclosed structures. D. The operational parts of buildings and enclosed structures shall have a minimum of openings to the exterior. All entries shall be provided with doors. Doors used for the passage of solid waste hauling vehicles shall be open only at times required for such passage. E. All operational parts of the solid waste facility not enclosed in buildings shall be fenced with a fence at least six feet high. Fence fabric shall have openings not larger than one and one-half inch by one and one-half inch (1 1/2" x 1 1/2") mesh. ZONING -- APPENDIX A33 ZONING APPENDIX A4 Conditional Uses SECTION A401 Conditional Uses (continued) 25. Solid Waste Facility F. All operational parts of the solid waste facility shall be graded in such a manner as to prevent surface drainage from flowing to non-operational parts of the facility and from flowing to any adjacent property or street and all outdoor operational parts of the solid waste facility shall be surfaced with an impervious, dust free surface capable of being washed down. The entire site shall be kept clean and free from debris, litter, residual liquids, ash, or dust at all times. G. No operational parts of the solid waste facility, including outdoor areas, shall be located within a designated floodway. H. No operational parts, including outdoor areas, located within a floodplain, shall be less than one and one-fifth (1 1/5') feet above the floodplain. I. All solid waste facilities shall provide adequate space and means for cleaning, washing, and rinsing of solid waste hauling vehicles. J. All solid waste hauling vehicles must be cleaned, washed, and rinsed before leaving the facility. Tires, wheels, and undercarriages of vehicles shall be kept free of solid waste and residue liquids K. All development plans shall be reviewed for impact upon the Borough's storm drainage system and sanitary treatment facilities. The Borough may require prior treatment of liquid wastes prior to any disposal into drainage or sanitary systems. L. All non-operational parts of solid waste facilities shall be subject to the regulations of the HM zoning district M. The facility shall be operated by a municipal entity. 26. Theater or Other Indoor Entertainment (excluding Adult Entertainment) A. The application shall submit such evidence as required by Borough Council to assure that nearby residential areas will be protected from noise and other potentially adverse impacts of the proposed facility. B. The Borough shall require a traffic study and a parking study to ensure the proposed development will not adversely impact pedestrian, bicycle, and automobile traffic in the neighborhood within 1,000 feet of the property. C. Hours of operation shall be limited to 9 a.m. to 12 p.m. unless extended by Borough Council. 27. Trade School (automobile related only) There are no additional regulations. 28. Utility Company Operational Facility There are no additional regulations. ZONING -- APPENDIX A34 ZONING APPENDIX A4 Accessory Uses SECTION A402 Accessory Uses There are no additional regulations. ZONING -- APPENDIX A35 ZONING APPENDIX A5 General Regulations SECTION A500 There are no additional regulations. SECTION A501 There are no additional regulations. SECTION A502 Performance Standards All uses allowed in the Conservation and Gateway Districts shall be managed as follows: 1. Air Pollution Control. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. 4001-4015 as amended, and the following standards: A. Smoke. Visible air contaminants shall not be emitted in such a manner that the opacity of the emissions is equal to or greater than 10 percent for a period or periods aggregating more than 3 minutes in any one hour; or equal to or greater than 30 percent at any time, and shall comply with PA Code Title 25, Chapter 127.A, or its most recent update. 1. Particulate, Vaporous, and Gaseous Emissions. A. No emission shall be made which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause any excessive soiling at any point. B. No emission of particulate matter shall exceed 0.0115 grams per dry standard cubic foot, corrected to 7 percent oxygen. Provisions must be made to reduce dew point cycling and resulting damage to particulate control devices. C. For measurement of the amount of particles in gases resulting from combustion, standards correction shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air. B. Hazardous Air Emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C.S., Section 7412) as promulgated in 40 CFR Part 61, or its most recent update. 2. Noise Control. The proposed development shall not increase noise levels to the extent that abutting or nearby properties are adversely affected. In order to comply with this, the development must meet the following requirements. A. The maximum permissible sound level of any continuous, regular, frequent, or intermittent source of sound produced by any activity shall be limited according to the time of day and land use which abuts it as listed below. Abutting Use Sound Level Limits dBA 7 a.m. – 7 p.m. 7 p.m. - 7 a.m. Residential 55 45 Commercial 65 55 Industrial 70 60 All other uses 55 45 ZONING -- APPENDIX A36 ZONING APPENDIX A5 General Regulations SECTION A 502 Performance Standards (continued) 2. Noise Control (continued) B. Where abutting property is undeveloped, the sound level shall be equal to or less than the most restrictive other abutting use. Where there are no uses on abutting properties, the sound level at the property line shall be equal to or less than the least stringent use allowed by zoning. 1. Sound levels shall be measured at least 4 feet above the ground at the property line of the development. Sound levels shall be measured by a meter set on the Aweighted response scale, fast response. The meter shall meet the latest version of American National Standards Institute (ANSI S1.4.) “American Standard Specification for General Purpose Sound Level Meters” and shall have been calibrated at a recognized laboratory within the past year. 3. Odor Control. A. No person shall cause, suffer, or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated. B. Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment. 4. Glare or Heat Control. Any operation producing intense glare or heat shall be performed within an enclosed building as to be completely imperceptible from any point beyond the lot lines. 5. Vibration Control. No vibration, which is discernable to the human sense of feeling, shall be perceptible without instruments at any point beyond the lot line. 6. Control of Radioactivity or Electrical Disturbance. There shall be no activities, which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance. 7. Fire and Explosive Hazards. Flammable and explosive materials shall be stored, used, and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels. 8. Outdoor Storage. There shall be no activities which require the outside storage of materials or finished products. 9. Waste Disposal. A. No wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces. B. Whenever possible, outdoor refuse areas shall be setback 50 feet from abutting properties that have residential or institutional uses or zoning and 20 feet from all other abutting properties. C. No use shall be conducted in such a way as to discharge any treated or untreated sewage except as shall be approved by the Department of Environmental Protection and/or County Health Department, as appropriate; nor shall industrial wastes be stored, discharged, incinerated, or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes. ZONING -- APPENDIX A37 ZONING APPENDIX A6 There are no additional regulations. Parking ZONING -- APPENDIX A38 ZONING APPENDIX A7 Signs There are no additional regulations ZONING -- APPENDIX A39 ZONING APPENDIX A8 Non-conformities There are no additional regulations. ZONING -- APPENDIX A40 ZONING APPENDIX A9 Zoning Hearing Board SECTION A900 Zoning Hearing Board and Other Administrative Proceedings. 1. The Pottstown Zoning Hearing Board hereby is created. The Board shall consist of three Borough residents appointed by resolution of Council. Their terms of office shall be three years each and shall be so fixed that the term of office of one member shall expire each year. The Board shall notify promptly Council of any vacancies that occur. Appointments to fill vacancies shall be for only the unexpired portion of the term. Members of the Board shall hold no other office in the Borough. At no time shall there be two members of the Board from the same profession or business. The Zoning Officer shall serve as secretary of the Board. 2. Borough Council may appoint, by resolution, at least one but no more than three Borough residents to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this Article, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth by the Pennsylvania Municipalities Planning Code, as amended (53 P.S. 910101 et seq.), and as may otherwise be provided by law. Alternate members shall hold no other office in the Borough. Any alternate may participate in any proceeding or discussion of the Board, but shall not be entitled to vote as a member of the Board nor be compensated pursuant to this Part unless designated as a voting alternate member. SECTION A900.1 Jurisdiction 1. The Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters: A. Substantive challenges to the validity of any land use ordinance, except requests for Curative Amendments, said requests being taken to Council pursuant to Section A908 1.B. B. Challenges to the validity of a land use ordinance raising procedural questions or alleged defects in the process of enactment or adoption which challenges shall be raised by an appeal taken within 30 days after the effective date of said ordinance. C. Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, or failure to act on the application therefor, or the issuance of any cease and desist order. D. Appeals from a determination by the Zoning Officer. E. Application for variances from the terms of this Article or such provisions within any other land use ordinance, pursuant to A906, or to the Floodplain and Airport zoning district regulations of this Ordinance. F. Application for special exceptions under this Ordinance or such provisions within any other land use ordinance or to the Floodplain and Airport zoning district regulations of this Article. 2. Borough Council shall have exclusive jurisdiction to hear and render final adjudications in applications for curative amendments, or applications governed by the Pottstown Subdivision and Land Development Ordinance, including those regarding sedimentation and erosion control and storm management controls. ZONING -- APPENDIX A41 ZONING APPENDIX A9 Zoning Hearing Board SECTION A901 Organization The Board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves. For the conduct of any meeting and the taking of any action, a quorum shall not be less than a majority of all the members of the Board, but, where any members are disqualified to act in a particular matter, the remaining members may act for the Board. The Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf and the parties may waive further action by the Board as provided in Section A905. The Board may make, alter, and rescind rules and forms for its procedures consistent with Borough ordinances and Commonwealth laws. The Board shall keep full public records of its business and shall submit a report of its activities to Council at least once a year. SECTION A901.1 Removal of Members Any Board member may be removed for malfeasance, misfeasance, or nonfeasance in office or for other just cause by a majority vote of Council taken after the member has received 15 days advance notice of the intent to take such vote. A public hearing shall be held in connection with the vote if the member shall request it in writing. SECTION A901.2 Expenditures for Services Within the limits of money, appropriated by Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants, and other clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by Council, but in no case shall it exceed the rate of compensation authorized to be paid to members of Council. SECTION A902 Applications Every application for a special exception, or variance, or for an interpretation of a ruling of the Zoning Officer, shall be made on a form prepared by the Board providing space showing the ownership of the property involved, the dimensions of the property, all supporting documentation required by this Article, and the reasons for the application. Such application shall be filed with the Zoning Officer who shall forward the application and all relevant information to the Board. Such application shall be subject to a fee fixed by resolution of Council. SECTION A903 Time Limitation 1. No person shall be allowed to file any proceeding with the Board later than 30 days after an application for development, preliminary or final, has been approved by an appropriate Borough officer, agency, or body if such proceeding is designed to secure reversal or to limit the approval in any manner unless such person alleges and proves that he had no notice, knowledge, or reason to believe that such approval had been given. If such person has succeeded to his interest after such approval, he shall be bound by the knowledge of his predecessor in interest. The failure of anyone other than the landowner to appeal from an adverse decision by the Zoning Officer on a challenge to the validity of an ordinance or map shall preclude an appeal from a final approval except in the case where the final submission deviates substantially from the approved tentative approval. 2. All appeals from determinations adverse to the landowners shall be filed by the landowner within 30 days after notice of the determination is issued. 3. If, after a permit has been authorized by the Board, such permit is not applied for within 12 months or if the application fails to comply with the conditions of such authorized permit within 12 months from the date of authorization thereof (unless contrary time limits are specified herein), then such authorization will be null and void. ZONING -- APPENDIX A42 ZONING APPENDIX A9 Zoning Hearing Board SECTION A904 Hearings -- Notification 1. The Board shall conduct public hearings and make decisions in accordance with the following requirements: A. By advertising a legal notice published once each week for two successive weeks in a newspaper of general circulation. Such notice shall state the location of the building or lot, the general nature of the question involved and the time and place of the hearing. The first publication shall not be more than thirty days, and the second publication shall not be less than seven days from the date of the hearing. B. By mailing at least one week in advance of the hearing, notice to the owner and, at the discretion of the Zoning Officer, to the occupant of every property within 300 feet of the lot in question; provided, that failure to give such notice to these, other than the owner, shall not invalidate any action taken by the Board. C. By giving notice to the appellant, the Zoning Officer, Council, Planning Commission, and to the governing body of any municipality located within 500 feet of the property in question. Such notice shall be given in writing at least one week in advance of the hearing. D. By mailing at least one week in advance of the hearing, notice to every interested resident, or association of residents, of the Borough who has registered or this purpose with the Board. E. By posting notice conspicuously on the affected tract of land at least one week in advance of the hearing. SECTION A904.1 Hearings -- Notification 1. Council may prescribe, by resolution, fees as regard hearings before the Board. Fees for said hearings may include compensation for the secretary and members of the Board, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural, or other technical consultants or expert witness costs. 2. The hearings shall be held within 60 days from the date of the applicant's request, unless the applicant has agreed, in writing, to an extension of time. SECTION A905 Hearings -- Procedures 1. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all members of the Board. If, by reason of absence or disqualification of a member, a quorum is not attained, the Chairman of the Board shall designate as many duly appointed alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this subsection shall be made on a case by case basis in rotation according to declining seniority among all alternates. The decision or, where no decision is called for, the findings, shall be made by the Board, but the applicant or appellant, as the case may be, as well as the Borough, may waive the decision or findings by the Board and accept the decision or findings of the hearing officer, if one is appointed pursuant to A901 of this Article, as final. 2. A decision or findings by the Board shall be by majority of the members. A tie vote shall be deemed a denial of appeal. ZONING -- APPENDIX A43 ZONING APPENDIX A9 Zoning Hearing Board SECTION A905 Hearings – Procedures (continued) 3. The parties to the hearings shall be the Borough, any person affected by the application who has made timely appearance of record before the Board, and any other person, including civic or community organizations permitted to appear by the Board. The Board shall have the power to require that all persons who wish be considered parties enter appearances in writing on forms provided by the Board for that purpose. 4. The chairman or acting chairman of the Board or the hearing officer presiding shall have the power to administer oaths and issue subpoenas and to compel the attendance of witnesses and the production of relevant documents and papers including witnesses and documents requested by the parties. 5. The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond, to present evidence and argument, and to cross-examine adverse witnesses on all relevant issues. 6. Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded. 7. The Board or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and, in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof. 8. The Board or the hearing officer, as the case may be, shall not communicate, directly or indirectly, with any party or his representatives in connection with any issue involved except upon notice and opportunity for all parties to participate; shall not take notice of any communications, reports, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed; and, shall not inspect the site or its surroundings with any party or his representatives unless all parties are given an opportunity to be present. 9. The Board or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore. Conclusions based on any provisions of this or any ordinance, rule, or regulation shall contain a reference to the provisions relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board shall make his report and recommendations available to the parties within 45 days after the last hearing and the parties shall be entitled to make written representations thereon to the Board prior to final decision or entry of findings, and the Board's decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. ZONING -- APPENDIX A44 ZONING APPENDIX A9 Zoning Hearing Board SECTION A905 Hearings – Procedures (continued) When a decision has been rendered in favor of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Board shall give public notice of said decision within 10 days from the last day it could have met to render a decision in the same manner as provided in subsection (1) of this Section. If the Board shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction. 11. A copy of the final decision or, where no decision is called for, of the findings shall be delivered to the applicant personally or mailed to him not later than the day following its date. To all other persons who have filed their names and addresses with the Board not later than the last day of the hearing, the Board shall provide, by mail or otherwise, a brief notice of the decision or findings and a statement of the place at which the full decision or findings may be examined. SECTION A906 Zoning Hearing Board's Functions; Variances 1. The Board shall hear requests for variances where it is alleged that the provisions of this Article inflict unnecessary hardship upon the applicant. The Board may grant a variance, provided all of the following findings are made where relevant in a given case: A. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions created in the neighborhood or district in which the property is located. B. That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Article and that the authorization of a variance is necessary, therefore, to enable the reasonable use of the property. C. That such hardship has not been created by the appellant or his predecessor in interest. D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor impair substantially or permanently the appropriate use or development of adjacent property, nor be detrimental to the public welfare. E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue. 2. In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code and this Article. SECTION A906.1 Zoning Hearing Board's Functions; Special Exceptions The Board shall hear and decide requests for special exceptions in accordance with the standards and criteria set forth in this Ordinance. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this Ordinance as it may deem necessary to implement the purposes of the Pennsylvania Municipalities Planning Code and this Article. ZONING -- APPENDIX A45 ZONING APPENDIX A9 Zoning Hearing Board SECTION A907 Procedure to Obtain Preliminary Opinion In order not to delay unreasonably the time when a landowner may secure assurance that the ordinance or map under which he proposes to build is free from challenge, and recognizing that the procedure for preliminary approval of his development may be too cumbersome or may be unavailable, the landowner may advance the date from which time any challenge to the ordinance or map is made by the following procedure: A. The landowner may submit plans and other materials describing his proposed use or development to the Zoning Officer for a preliminary opinion as to their compliance with the applicable ordinances and maps. Such plans and other materials shall not be required to meet the standards prescribed for preliminary, tentative, or final approval or for the issuance of a building permit so long as they provide reasonable notice of the proposed use or development and a sufficient basis for a preliminary opinion as to its compliance. B. If the Zoning Officer's preliminary opinion is that the use or development complies with the ordinance or map, notice thereof shall be published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall include a general description of the proposed use or development and its location, by some readilyidentifiable directive, and the place and times where the plans and other materials may be examined by the public. The favorable preliminary approval and the time specified therein for commencing a proceeding with the Board shall run from the time when the second notice thereof has been published. SECTION A908. Validity of Ordinance; Substantive Questions 1. A landowner who, on substantive grounds, desires to challenge the validity of an ordinance or map or any provision thereof that prohibits or restricts the use or development of land in which he has an interest shall submit the challenge either: A. To the Zoning Hearing Board under Section A900.1.A. B. To Borough Council under Section A900.1.2, together with a curative amendment under Section A1201. 2. Persons aggrieved by a use or development permitted on the land of another by an ordinance or map, or any provisions thereof, who desires to challenge its validity on substantive grounds shall first submit their challenge to the Board for a decision thereon under Section A906. 3. The submission referred to in subsections (1) and (2) above shall be governed by the following: A. In challenges before the Board, the challenging party shall make a written request to the Board that it hold a hearing on its challenge. The request shall contain the reasons for the challenge. Where the landowner desires to challenge the validity of such ordinance and elects to proceed by curative amendment under Section A1201, his application to Borough Council shall contain, in addition to the requirements of the written request hereof, the plans and explanatory materials the use or development proposed by the landowner in lieu of the use or development permitted by the challenged ordinance or map. Such plans or other materials shall not be required to meet the standards prescribed for preliminary, tentative, or final approval or for the issuance of a permit, so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged ordinance or map in light thereof. Nothing contained herein shall preclude the landowner from seeking first a final approval before submitting his challenge. B. If the submission is made by the landowner to Borough Council under subsection 1.B. above, the request shall be accompanied also by an amendment or amendments to the ordinance proposed by the landowner to cure the alleged defects therein. ZONING -- APPENDIX A46 ZONING APPENDIX A9 Zoning Hearing Board SECTION A908 Validity of Ordinance; Substantive Questions (continued) C. If the submission is made to Borough Council, the Borough Solicitor shall represent and advise it at the hearing or hearings referred to in A900.1.2. D. Borough Council may retain an independent attorney to present the defense of the challenged ordinance or map on its behalf and to present witnesses on its behalf. E. Based upon the testimony presented at the hearing or hearings, Borough Council or the Board, as the case may be, shall determine whether the challenged ordinance or map is defective, as alleged by the landowner. If a challenge heard by Borough Council is found to have merit, Borough Council shall proceed as provided in Section A1202. If a challenge heard by the Board is found to have merit, the decision of the Board shall include recommended amendments to the challenged ordinance that will cure the defects found. In reaching its decision, the Board shall consider the amendments, plans, and explanatory material submitted by the landowner and shall consider also: 1. The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public facilities. 2. If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available to and affordable by classes of persons unlawfully excluded otherwise by the challenged provisions of the ordinance or map. 3. The suitability of the site for the intensity of use proposed as regards to the site's soils, slopes, woodlands, wetlands, floodplains, aquifiers, natural resources, and other natural features. 4. The impact of the proposed use -on the sites soils, slopes, woodlands, wetlands, floodplains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development, and any adverse environmental impacts 5. The impact of the proposal on the preservation of agriculture and other land uses that are essential to public health and welfare. F. Borough Council or the Board, as the case may be, shall render its decision within 45 days after the conclusion of the last hearing. G. If Borough Council or the Board, as the case may be, fails to act upon the landowner's request within the time limits referred to in (F) immediately above, a denial of the request is deemed to have occurred on the 46th day after the close of the last hearing. 4. The Board or Borough Council, as the case may be, shall commence its hearings within 60 days after the request is filed unless the landowner requests or consents to an extension of time. 5. Public notice of the hearing shall include notice that the validity of the ordinance or map is in question and shall give the place where and the times when a copy of the request, including any plans, explanatory material, or proposed amendments may be examined by the public. ZONING -- APPENDIX A47 ZONING APPENDIX A9 Zoning Hearing Board SECTION A908 Validity of Ordinance; Substantive Questions (continued) 6. The challenge shall be deemed denied when: A. The Board or Borough Council, as the case may be, fails to commence the hearing within the time limits set forth in (4) immediately above. B. Borough Council notifies the landowner that it will not adopt the curative amendment. C. Borough Council adopts another curative amendment that is unacceptable to the landowner. D. The Board or Borough Council, as the case may be, fails to act on the request 45 days after the close of the last hearing on the request, unless the time is extended by mutual consent by the landowner and the said Board or Borough Council. 7. Where a curative amendment proposal is approved by the grant of a curative amendment application by Borough Council pursuant to Section A900.1.2. or a validity challenge is sustained by the Board pursuant to Section A900.1 or the court acts finally on appeal from denial of a curative amendment proposal or a validity challenge, and the proposal or challenge so approved requires a further application for subdivision or land development, the developer shall have two years from the date of such approval to file an application for preliminary or tentative approval pursuant to the Pottstown Subdivision and Land Development Ordinance. Within the two year period, no subsequent change or amendments, in the zoning, subdivision, or other governing ordinance or plan shall be applied in any manner that affects adversely the rights of the applicant as granted in the curative amendment or the sustained validity challenge. Upon the filing of the preliminary or tentative plan, the provisions of the Pottstown Subdivision and Land Development Ordinance pertaining to approval of plats shall apply. Where the proposal appended to the curative amendment application or the validity challenges is approved but does not require further application under any subdivision or land development ordinances, the developer shall have one year within which to file for a building permit. Within the one year period, no subsequent change or amendment in the zoning, subdivision, or other governing ordinance or plan shall be applied in any manner that affects adversely the rights of the applicant as granted in the curative amendment or the sustained validity challenges. During these protected periods, the court shall retain or assume jurisdiction for the purpose of awarding such supplemental relief as may be necessary. SECTION A909 Applicability of Judicial Remedies Nothing contained herein shall be construed to deny the appellant the right to proceed directly to court where appropriate, pursuant to the Pennsylvania Rules of Civil Procedure No 1091 (relating to action in mandamus). SECTION A910 Parties Appellant Before the Board Appeals to the Board, as permitted above, may be filed with the Board in writing by the landowner affected, any officer or agency of the Borough, or any person aggrieved, except in the cases of appeals for variances or special exceptions, in which cases appeals may be filed by only the landowner or any tenant with the permission of such landowner. ZONING -- APPENDIX A48 ZONING APPENDIX A10 Appeals There are no additional regulations ZONING -- APPENDIX A49 ZONING APPENDIX A11 Enforcement SECTION A1100 Enforcement by Zoning Officer 1. The position of Zoning Officer is created hereby. The Zoning Officer, who shall hold no elective office in the Borough, shall be appointed by Council, and he may be removed at the will of Council. Council may designated an employee as his deputy who shall exercise all the powers of the Zoning Officer during his absence or temporary disability. 2. The provisions of this Article shall be administered and enforced by the Zoning Officer in accordance with its literal terms. In no case shall a permit be granted for the construction, or use or change of use that does not conform to this Article. The Zoning Officer hereby is authorized to institute civil enforcement proceedings as a means of enforcement when acting within the scope of his employment. It shall be the duty of all code enforcement officials of the Borough to cooperate in the enforcement of this Article and to report to the Zoning Officer any violation that may come to their attention. 3. All appeals from decisions of the Zoning Officer shall be taken in the manner set forth in this Article. SECTION A1100.1 Relief from Personal Responsibility The Zoning Officer, or any employee or other person charged with enforcing or otherwise carrying out the provisions of this Article, while acting for the Borough, shall not thereby render himself personally liable, and he is relieved hereby from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit instituted against any such person because of an act performed by him in the lawful discharge of his duties shall be defended by legal representatives of the Borough. In no case shall any such person be liable for costs in any action or suit or proceeding that may be instituted in pursuance of the provisions of this Article when he performs his duties in good faith and without malice. SECTION A1101 Right of Entry In the discharge of his duties, the Zoning Officer shall have the authority to enter, at any reasonable hour, any structure, building, premises, or land in the Borough to enforce the provisions of this Article. SECTION A1102 Causes of Action In case any building, structure, landscaping, or land is, or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation under this Article, Borough Council, the Zoning Officer, or, with the approval of Borough Council, another official of the Borough, or any aggrieved owner or tenant of real property who shows that his property or person will be affected substantially by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct, or abate such building, structure, landscaping, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of the action shall be given to Borough Council and the Zoning Officer at least 30 days prior to the time the action is begun by serving them a copy of the complaint. No action may be maintained until such notice been given. ZONING -- APPENDIX A50 ZONING APPENDIX A11 Enforcement SECTION A1103 Enforcement Notice 1. If it appears to the Zoning Officer that a violation of this Article has occurred, he shall initiate enforcement proceedings by sending an enforcement notice to the owner of record of the parcel on which violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. Said notice shall be by certified letter or by delivery in person. If notice is given in person, the person serving the notice shall obtain a notarized affidavit stating such service was made at a place and time shown on the affidavit. 2. An enforcement notice shall state at least the following: A. The name of the owner of record and any other person against whom the Zoning Officer intends to take action and the location of the property in violation. B. The specific violation with a description of the requirements that have not been met, citing, in each instance, the applicable provisions of this Article. C. The date before which the steps for compliance must be commenced and the date before which the steps must be completed. D. That the recipient of the notice has the right to appeal to the Board within a prescribed period in accordance with the procedures set forth in this Article. E. That failure to comply with the notice within time specified, unless extended by appeal to the Board, constitute a violation, with possible sanctions specified clearly. SECTION A1104 Jurisdiction District justices shall have initial jurisdiction over proceedings brought under Section A1105. SECTION A1105 Enforcement Remedies 1. Any person, partnership, or corporation who or that has violated or permitted the violation of the provisions of this Article shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough (or by the Zoning Officer as authorized by this Article, or, with the approval of Borough Council, another official of the Borough), pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough, as a result thereof. No judgment shall commence or be imposed, levied, or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor appeals timely the judgment, the Borough, may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation continues shall constitute a separate violation, unless the district justice determining there has been a violation determines further that there was a good-faith basis for the person, partnership, or corporation violating this Article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of this Article shall be paid over to the Borough. 2. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of violation and judgment. 3. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Borough, the right to commence any action for enforcement pursuant to this Section. ZONING -- APPENDIX A51 ZONING APPENDIX A11 Enforcement SECTION A1106 Finances and Expenditures 1. Borough Council may appropriate money to finance the preparation of zoning ordinances and shall appropriate money for administration, for enforcement, and for actions to support or oppose, upon appeal to the courts, decisions of the Zoning Hearing Board. Borough Council, also, may set fees, by resolution or by ordinance, for applications or appeals, as such power is granted herein, or is granted by enabling legislation, or by any other law or regulation, expressed or implied. 2. Borough Council shall make provision in its budget and appropriate money for the operation of the Zoning Hearing Board. 3. The Board may employ or contract for and fix the compensation of legal counsel, as the need arises. The legal counsel shall be an attorney other than the Borough Solicitor. The Board also may employ or contract for and fix compensation of experts and other staff and may contract for services as it shall deem necessary. The compensation of legal counsel, experts, and staff, and the sums expended for services shall not exceed the amount appropriated by Borough Council for this use. For these purposes, Borough Council may accept gifts and grants of money and services from private sources and from County, Commonwealth, and Federal governments. 4. Borough Council may prescribe reasonable fees with respect to the administrator of this Article and with respect to hearings before the Zoning Hearing Board. Fees for these hearings may include compensation for the secretary and members of the Board, notice and advertising costs, and necessary administrative overhead connected with the hearing. The costs, however, shall not include legal expenses of the Board, expenses for engineering, architectural or other technical consultants or expert witness costs. SECTION A1107 Exemptions These sections shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public. It shall be the responsibility of said Commission to ensure that both the corporation and the Borough have notice of the hearing and are granted an opportunity to appear, present witnesses, crossexamine witnesses presented by other parties, and otherwise exercise the rights of a party to the proceedings. ZONING -- APPENDIX A52 ZONING APPENDIX A12 Amendments SECTION A1200 Enactment of Zoning Ordinance Amendments Amendments may be prepared by or for the Planning Commission or by others. If an amendment to this Article is so substantial so as to warrant reenactment of the ordinance, as amended, still it shall be considered an amendment to the present ordinance and the procedures thereof shall be the same as those stipulated in the Pennsylvania Municipalities Planning Code and herein for the enactment of Zoning ordinance amendments. 1. Amendments Prepared by or for the Planning Commission. A. In preparing an amendment proposed for this Article, the Planning Commission shall hold at least one public meeting pursuant to public notice and may hold additional public meetings upon such notice as it shall determine it to be advisable. B. Upon completion of its work, the Planning Commission shall present to Borough Council the amendment proposed, together with recommendations and explanatory materials. C. Before voting on the enactment of the amendment, Borough Council shall hold a public hearing thereon, pursuant to public notice and, if the amendment involves a zoning map change, shall give additional notice as stipulated in (D) immediately below. D. If the amendment proposed involves a zoning map change, notice of said public hearing shall be posted conspicuously by the Borough at points deemed sufficient by the Borough along the perimeter of the tract or tracts affected, or, if the amendment involves wholesale map changes, shall post said notice conspicuously throughout the Borough as Borough Council deems necessary. Said notices shall be posted at least one week prior to the date of the hearing. E. At least 30 days prior to the hearing by Borough Council, it shall submit the amendment to the Montgomery County Planning Commission for recommendations. F. If, after any public hearing held upon an amendment, the amendment proposed is changed substantially, or is revised to include land previously not affected by it, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment. G. The vote by Borough Council on enactment, of the ordinance shall be within 90 days after the last public hearing. H. Within 30 days after enactment, a copy of the amendment to this Article shall be forwarded to the Montgomery County Planning Commission. ZONING -- APPENDIX A53 ZONING APPENDIX A12 Amendments SECTION A1200 Enactment of Zoning Ordinance Amendments (continued) 2. Amendments Not Prepared by or for the Planning Commission. Amendments not prepared by the Planning Commission shall be subject to the provisions of subsection (1) immediately above with the following differences: A. The person preparing the amendment shall submit the same to Borough Council. In the event the amendment shall require the rezoning of land, the person shall submit an application fee which shall be set by Borough Council from time to time by resolution. B. At least 30 days prior to the hearing on the amendment by Borough Council, it shall submit such amendment to both the Montgomery County and Pottstown Borough Planning Commissions for recommendations thereon. C. Within the 30 day review period accorded, the Borough Planning Commission shall hold at least one public meeting pursuant to public notice. SECTION A1201 Procedure for Landowner Curative Amendments 1. A landowner who desires to challenge on substantive grounds the validity of this Article and map or any provision thereof, that prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in Section A900.1. Borough Council shall commence a hearing thereon within 60 days of the request as provided in Section A900.1. The curative amendment and challenge shall be referred to the Borough Planning Commission as provided in Section A1200 and notice of the hearing thereon shall be given as provided in Section A1200 and in Section A900.1 and A904. 2. The hearing shall be conducted in accordance with Section A904 and A904.1, and all references therein to the Zoning Hearing Board shall, for purposes of this Section, be references to Borough Council. If Borough Council does not accept a landowner's curative amendment, brought in accordance with this subsection, and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for the entire Article and map, but only for those provisions that relate specifically to the landowner's curative amendment and challenge. 3. If Borough Council determines that a validity challenge has merit, it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment that will cure the challenged defects. Borough Council shall consider the curative amendments, plans, and explanatory material submitted by the landowner and shall consider also those concerns enumerated in Section A908. ZONING -- APPENDIX A54 ZONING APPENDIX A12 Amendments SECTION A1202 Procedures for Municipal Curative Amendments If Borough Council determines this Article or portions thereof substantively invalid, it shall take the following steps: 1. Borough Council shall declare, by formal action, this Article or portions thereof substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, Borough Council shall: A. By resolution, make specific findings setting forth the declared invalidity of this Article, which may include: 1. References to specific uses that are either not permitted or not permitted in sufficient quantity; 2. Reference to a class of use or uses that require revision; or 3. Reference to the entire ordinance that requires revisions. B. Begin to prepare and consider a curative amendment to the ordinance to correct the declared invalidity. 2. Within 180 days from the date of the declaration and proposal, Borough Council shall enact a curative amendment to validate, or reaffirm the validity of, this Article pursuant to the provisions required by Section A1200 to cure the declared invalidity of this Article. 3. Upon the initiation of the procedures, as set forth in (1) above, Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under Section A1202 nor shall the Zoning Hearing Board be required to give a report requested under Section A900.1 or A908 subsequent to the declaration and proposal based upon the grounds identical or substantially similar to those specified in the resolution required in (1) above. Upon completion of the procedures set forth in (1) and (2) above, no rights to a cure pursuant to the provisions of Section A1202 and A908 shall, from the date of the declaration and proposal, accrue to any landowner on basis of the substantive invalidity of this unamended ordinance for which there has been a curative amendment pursuant to this Section. 4. Borough Council, having utilized the procedures as set forth in (1) and (2) above may not again utilize said procedure for a 36 month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this Part, pursuant to (2); provided, however, if after the date of declaration and proposal there is a substantially new duty or obligation imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Borough may utilize the provisions of this Section to prepare a curative amendment to this Part to fulfill said duty or obligation. ZONING -- APPENDIX A55 ZONING APPENDIX A12 Amendments SECTION A1203 Publication, Advertisement and Availability of Ordinances 1. Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. Borough Council shall publish the proposed ordinance or amendment in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included: A. A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published. B. An attested copy of the proposed ordinance shall be filed in the Montgomery County law library or other County office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances. C. Zoning ordinances and amendments may be incorporated into official ordinances by reference with the same force and effect as if duly recorded therein. ZONING -- APPENDIX A56 ZONING APPENDIX A13 There are no additional regulations Severability ZONING -- APPENDIX A57 ZONING AND LAND DEVELOPMENT Accessory Definitions Both subordinate and incidental to a principal use or structure. Adult Entertainment Use Adult entertainment uses include any of the following as defined below: 1. Adult Bookstore Any commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: 1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas. 2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is offering for sale or rental for consideration the specified material which depict or describe specified sexual activities or specified anatomical areas. Adult Entertainment Live or nonlive entertainment containing sexual activities or displaying or presenting specified anatomical areas. This definition is a broad overall definition which includes the activities of adult arcades/cabarets/dance halls/private clubs/bars/gentlemen’s bars/taverns/adult bookstores, adult video stores, adult minimotion picture theaters and peep shows, adult motels and sexual encounter centers as part of its definition for adult entertainment. Nudity The appearance of the specified anatomical area without any covering on the body area. Semi Nudity State of dress in which clothing partially or transparently covers the specified anatomical areas. Specified Anatomical Areas Human genitals, pubic region, anus, buttocks, female breasts below the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities Activities which include any of the following: 1. Human genitals in a state of sexual stimulation or arousal. 2. Acts or simulated acts of sexual intercourse, masturbation, sodomy, oral copulations or bestiality. 3. Fondling or other erotic touching of specified anatomical areas. Airport District Definitions see pages A15 through A17. DEFINITIONS 1 ZONING AND LAND DEVELOPMENT Airport Use Definitions The operation of an airport including facilities for takeoff and landing aircraft together with accessory uses including dining facilities, hangers, terminals, and other buildings and facilities associated normally with air travel. Alley A public right-of-way, created by deed or by ordinance that reserved for either pedestrian or vehicular access. Alteration As applied to a building or structure, means a change rearrangement in the structural parts or in the existing facilities, or enlargement whether by extension of a side or by increasing in height or moving from one location or position to another. Alteration – Historic District As applied to Pottstown’s Certified Local Government Historic Districts, an alteration is any change, modification, or addition to a part or all of the exterior of any building or structure which can be seen from a public right of way. Antenna Height The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. Antenna Support Structure Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy. Applicant A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns. Application for Development Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. Authority A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the Municipalities Authorities Act of 1945. Automotive Repair Station A place where the following services may be carried out: general repair engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body frame or fender straightening or repair, painting or undercoating of automobiles. The definition does not include the display of motor vehicles for sale. DEFINITIONS 2 ZONING AND LAND DEVELOPMENT Automobile Service Station Definitions A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants or grease (for operation of automobile), are retailed directly to the public on premises, including sale of minor accessories and service for automobiles. An automobile service station may include a convenience store not to exceed 3,000 square feet. The definition does not include the display of motor vehicles for sale. Babysitting The temporary or occasional care of any number of children not related to the care giver which takes place at the home of the care giver, the temporary or occasional care of any number of children at a dwelling unit customarily and regularly occupied by the children as their residence or the regular care of one, two, or three children not related to the care giver which takes place at the home of the care giver. Bank or financial institution An institution for lending, borrowing, exchanging, issuing, and safeguarding money: an office or building used for such purposes. Base Flood Elevation The 100 year flood elevation. Block An area bounded by streets and alleys. Board The Zoning Hearing Board of Pottstown. Boat Any device used, or designed to be used, for flotation, but not including any such device that can be lifted and transported by two able-bodied adults without the use of mechanical means. Borough Council The governing body of Pottstown. It includes the term "Town Council." Borough Borough of Pottstown, Montgomery County, Pennsylvania. Borough Engineer A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by Council as the engineer for the Borough, the Borough Planning Commission, or any other agency of the Borough. This shall include, also, engineers, so licensed, appointed by Council as consultants to exercise the powers and duties of the Borough Engineer in the furtherance of the provisions of this Article. Building Any structure, either temporary or permanent, having a roof or other covering, and designed or used for shelter or enclosure of any person, animal or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes of a building. DEFINITIONS 3 ZONING AND LAND DEVELOPMENT Building Permit Definitions An approval statement signed by the Code Enforcement Officer authorizing the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or part of any building within Pottstown. Building Permit Application The request filed by any person with the Code Enforcement Officer that seeks authorization to construct, alter, reconstruct, repair, restore, demolish or raze all of any part of any building within Pottstown. Building Types Attached Building One of three or more units divided by party or partition walls; includes end-of-row buildings. Detached Building A building that has no party walls. Semi-detached Building A building that has only one party wall, but not an end-of-row building. Business Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. It means, further, the occupancy or use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional services, excluding any direct retail store use and/or direct service store use. Carport A shelter for one or more vehicles that is not enclosed fully by walls and one or more doors. Cartway That portion of a right-of-way set aside for vehicular traffic. Car Wash A lot on which motor vehicles are washed or waxed, either by the patrons or by others, using machinery specially designed for the purpose. Cell Site A tract or parcel of land that contains the cellular communications antenna, its support structure, accessory building(s) and parking, and may include other uses associated with and ancillary to cellular communications transmission. Cemetery An area for the burial of the dead. DEFINITIONS 4 ZONING AND LAND DEVELOPMENT Certificate of Appropriateness Definitions A statement signed by Pottstown Borough Council that certifies the appropriateness of a particular request for the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or a part of any building within one of Pottstown’s Certified Local Historic Districts, and authorizes the issuance of a building permit for said request. Certified Local Government Historic District The areas in the Borough of Pottstown created by ordinance of the Borough of Pottstown as authorized by the Act of June 13, 1961, P.L. 282, No. 167, as amended. Child Care Facility Any dwelling, building or portion thereof which child day care services are provided, including any onsite outdoor play area. Child day care facilities shall be further differentiated by the following three classifications: 1. Family Day Care Home Any premises or dwelling unit other than the child's own home where the child care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis to four, five or six children, who are not relatives of the caregiver. Day Care service for children in this type of facility is different from "baby-sitting." 2. Group Day Care Home A facility in which care is provided for more than six, but less than 12 children, at any one time, where the child care areas are being used as a family residence. 3. Day Care Center A facility which is licensed to provide care for seven or more children, at any one time, where the child care areas are not being used as a family residence. Church A building wherein persons assemble regularly for religious worship and that is used only for such purposes and for those accessory activities as are customarily associated therewith. Code Enforcement Officer The officer designated by Pottstown Borough Council as the person who issues permits for the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or part of any building in Pottstown. Commission or Planning Commission The Borough of Pottstown Planning Commission, unless context indicates clearly otherwise. Common Open Space A parcel of land or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment by residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. Commonwealth The Commonwealth of Pennsylvania. DEFINITIONS 5 ZONING AND LAND DEVELOPMENT Compatible Definitions When used to describe the relationship among buildings in a Conservation District, compatible means having characteristics that are similar to the majority of existing historic buildings on the block. These characteristics include, but are not limited to: 1. Constructed of the same original materials, such as wood, brick, or stucco, as existing buildings on the block, or constructed of materials that are very similar in appearance to the original materials, such as dark gray asphalt shingles to replace slate shingles, cut to the same size and shape. 2. Contain structural details that are similar to other buildings on the block, such as: Decorative shingles Cornices and fascia Lintels over windows and doors Shape, size, and placement of windows Thickness and placement of mullions in the sash of windows Shape and placement of porches and columns Construction Any or all work necessary for the erection of any building or structure from a combination of materials to form safe and stable structures. Convenience Store 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. Cooking Facilities An operable gas or electric line for a stove, storage space for foodstuffs and related material, and an operating sink (having a bowl no smaller than 300 square inches in area and one foot in depth) and drainboard. Council The Borough Council of Pottstown County The County of Montgomery. Crosswalk A right-of-way for pedestrian travel across or within a block. Cul-De-Sac A street intersecting another street at one end and terminating at the other end in a paved vehicular turnaround. Decision A final adjudication by Borough Council or the Pottstown Zoning Hearing Board. Appeals from decisions go directly to the Court of Common Pleas. DEFINITIONS 6 ZONING AND LAND DEVELOPMENT Demolition Definitions The dismantling or tearing down of all or part of any building. Determination A final administrative decision such as the grant or denial of a permit by the Zoning Officer or Engineer of the Borough with respect to the administration of any land use ordinance. Determinations are appealable to Borough Council or the Pottstown Zoning Hearing Board, as the case may be. Developer Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. Development Plan The provisions for development, a plat of subdivision, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, streets, ways, and parking facilities, common open space, and public facilities. The phrase "the provisions of the development plan" when used in this Article shall mean the written and graphic materials referred to in this Article. Direct Retail Store Any store or shop in which commodities are sold directly to the consuming public. Direct Service Store Any establishment primarily engaged in selling services, as opposed to products, to the general public or businesses. Direct service stores include tailors, dressmakers, dry cleaners, barbers, beauty salons, copy centers, photography studios and shops for the repair of clothing, shoes or household items. Drainage The flow of water or liquid waste and the methods of directing such flow, whether natural or artificial. Drive-through Service Window A customer service window located in a principal structure as an accessory to an office or retail establishment that is intended to enable customers to transact business with an employee inside the the building without leaving their motor vehicles. It is presumed the motor vehicle will exit the premises immediately after the transaction of business. Dwelling A unit with one or more rooms with cooking and sanitary facilities provided for the living purposes of one family. Dwelling Types 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 square feet. DEFINITIONS 7 ZONING AND LAND DEVELOPMENT Dwelling Types (continued) Boarding Home Definitions 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. Does not include group homes. Convalescent Home A structure designed or used for residential occupancy and providing limited medical care or nursing care for the elderly on the premises for occupants, not including a hospital or group home. Group Home A place for residential occupancy by fewer than seven individuals (including live-in counselors) who live together as a single housekeeping unit in a long-term, family-like environment and who are given social, physical and mental support and/or training. The term “group home” shall not include convalescent home, nursing home, alcohol or drug treatment center, work release facility for convicts or ex-convicts, or other housing facility serving as an alternative to incarceration. 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. Mobilehome 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. 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 (2) individuals, used principally as a place of rest and sleep and for toilet and dressing and not for the preparation or provision of meals. DEFINITIONS 8 ZONING AND LAND DEVELOPMENT Definitions Single Family Dwelling A structure, except a mobilehome, 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 town houses, row houses, triplexes, quadruplexes and multi-plexes. 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. Semi-detached 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. Easement 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. Engineer A professional engineer licensed as such in the Commonwealth of Pennsylvania. Family 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. Fence or Wall A structure that permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property. DEFINITIONS 9 ZONING AND LAND DEVELOPMENT Firehouse Definitions A building housing firefighting vehicles and equipment. A firehouse may contain sleeping, cooking, and toilet facilities for on-duty firefighters and may contain social quarters for firefighters and their guests. Flood District Definitions See pages A12 and A13. Floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures, that reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings. Floor Area Total gross area of all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, and open porches, balconies, and terraces. Floor Area Ratio The building area divided by the lot size. (For example, a building with a total floor area of 40,000 square feet on a 100,000 square foot lot has a floor area ratio of .4 or 40%). Food processing plant Manufacturing plant designed to process food products for sale, excluding the slaughtering of animals, and which processing may include the cooking, baking, and packaging of such products. Front Yard The area between the front lot line (a line dividing a lot from any public street) and the setback required therefrom, with the exception of corner lots used for residential purposes. Garage -- Private An accessory building or part of a principal building used for the storage of motor vehicles or equipment, or as an artist’s studio or a workshop, all materials to be owned and used exclusively by the owner or tenant of the premises. No business connected directly or indirectly with motor vehicles is permitted. Golf Course A grassy area of no less than 15 acres laid out for the game of golf with a series of nine or 18 holes each including a tee, fairway, and putting green. Greenhouse An enclosure made predominately of clear glass used for the cultivation or protection of plants. DEFINITIONS 10 ZONING AND LAND DEVELOPMENT HARB Definitions The Historic Architectural Review Board regulating properties in Pottstown’s Certified Local Ordinance Historic Districts. Health and Fitness Center A building, or part thereof, providing facilities and programs designed to improve the physical well being of the patrons thereof. Such facilities include, not by way of limitation, spas, tennis or racquet clubs, swimming pools, basketball courts, gymnastic and calisthenics facilities, and weight-training facilities. Heavy Manufacturing The production or processing of materials by the employment of large machines, cranes, furnaces, presses, and the like. Such activity is likely to produce noise, odors, or other emissions detectable by a person having normal senses, when experienced from off the premises. Height The vertical distance from the highest point on a structure (or plant) excepting any chimney or antenna on a building, to the average ground level of the grade where the walls or other structure elements intersect the ground. Historic Architectural Review Board The Historic Architectural Review Board regulating properties in Pottstown’s Certified Local Ordinance Historic Districts. Historic Neighborhood An area judged by the Pennsylvania Bureau for Historic Preservation as eligible for the National Register of Historic Places. Home Occupation An 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. Institutional/civic use A non-profit, religious or public use, such as a church, library, public or private school (as defined by this ordinance), hospital, 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. DEFINITIONS 11 ZONING AND LAND DEVELOPMENT Junkyard Definitions 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. Kennel An establishment for the breeding and boarding of pets. Land Development Any of the following activities: A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving: 1. 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. 2. 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. Landowner The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. Land Use Ordinance Any ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI, and VII of the Pennsylvania Municipalities Planning Code. Laundromat A place where patrons wash, dry, or dryclean clothing and other fabrics in machines operated by the patrons. Light Manufacturing The production or processing of materials by the employment of small machines, soldering irons, stamping machines, kilns, aluminum bending devices, and the like. Such activity is not likely to produce noises, odors, or other emissions detectable by a person having normal senses, when experienced from off the premises. Loading Space An off-street space available for the loading or unloading of goods and having direct access to a street or alley. Lot A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit. DEFINITIONS 12 ZONING AND LAND DEVELOPMENT Lot Area Definitions 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 centerline of the street on which it fronts and the side lot lines intersecting the front lot line at its ends extended to the centerline of the street. Lot line, means a line marking a boundary of a lot. Medium Manufacturing The production or processing of materials by the employment of large machines, cranes, presses, and the like. Such activity is likely to produce a moderate amount of noise, odors, or other emissions detectable by a person having normal senses, when experienced from off the premises. Mobilehome 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. Mobilehome Park A parcel or contiguous parcels of land that has been so designated and improved that it contains two or more mobilehome lots for the placement thereon of mobilehomes. Municipal Authority A body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945." Neighborhood Automobile Service Station A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene or motor oil and lubricants or grease (for operation of 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. Nonconforming Structure A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. Nonconforming Use A use, whether of land or of structure, that does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation. DEFINITIONS 13 ZONING AND LAND DEVELOPMENT Non-profit Recreational Use Definitions 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. Office 1. Business Office A building or portion of a building where the sale of nontangible goods or real estate is sold to the general public. Business offices include real estate, insurance, securities and travel offices. 2. General Office 3. Client-based Social Service Provider 4. Professional Office 5. Municipal or Governmental Office A building or portion of a building where administrative or clerical services are conducted or where duties no-t 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. A 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. A 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. A 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. Open Space That portion of a lot area that is natural or landscaped and free of any structures and impervious surfaces: it is expressed as a percentage of the lot. One Hundred Year Flood A flood that has one chance in 100 years or a one percent chance of being equaled or exceeded in any year. For the purpose of this Article, the 100 year flood (base flood) as defined by the Federal Insurance Administration, U.S. Department of Housing and Urban Development, in 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 100 year flood. Outdoor Auction/Flea Market A lot where merchandise and goods are auctioned to the public outdoors or goods are sold to the public outdoors simultaneously by more than one individual or corporation. DEFINITIONS 14 ZONING AND LAND DEVELOPMENT Overlay Definitions A district which encompasses a number of smaller districts and adds specific conditions and regulations to those smaller districts. The Conservation District adds conditions and regulations to the following districts: Neighborhood Residential Traditional Town Downtown The Gateway District adds conditions and regulations to the following districts: Neighborhood Business Downtown Gateway Gateway East and Gateway West Park Owner Any individual, firm, association, syndicate, copartnership, or corporation having sufficient proprietary interest in the land sought to be subdivided or developed under this Article. Park Land owned by the Borough of Pottstown or another unit of government, or a non-profit organization, which is used or intended for active or passive recreation. Unless owned by the Borough or the Pottstown School District, this definition shall not be construed to include concert halls or outdoor concert areas, race tracks of any kind, stadiums or similar facilities which may attract large crowds. Parking garage A building used for the storage of motor vehicles Parking Lot An open space other than a public or private street used for the parking of automobiles. Parking Space An off-street space available for the parking of a motor vehicle exclusive of passageways and driveways appurtenant thereto and giving access thereto. Person An individual, co-partner, or corporation or having the legal standing of any. Planning Commission The Pottstown Planning Commission unless specified otherwise. Plat The map or plan of a subdivision or land development, whether preliminary or final. Pre-School and Day Care Facilities A Commonwealth-licensed institution for the care of children of pre-kindergarten age. DEFINITIONS 15 ZONING AND LAND DEVELOPMENT Profession Definitions 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. Public A municipality or a municipal authority, unless clearly the context dictates otherwise. Public Grounds Includes: 1. 2. 3. Parks, playgrounds, trails, paths, and other recreational areas and other public areas. Sites for schools, sewage disposal, and other publicly owned or operated facilities. Publicly owned or operated scenic and historic sites. Public Hearing A formal meeting held pursuant to public notice by Borough Council or the Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Article. Public Meeting A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388 No. 84), known as the "Sunshine Act." Public Notice Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall be not fewer than seven days from the date of the hearing, unless specified otherwise elsewhere in this Article, except that in the case of amendments to the Airport Districts notice shall not be fewer than 14 days from the date of said hearing. Public Street See Street, Definitions page 19. Rear Lot Line Any lot line that is not a front or side lot line and that, if extended in either direction, would not cross the lot. Reconstruction Any or all work need to remake or rebuild all or a part of any building to a sound condition, but not necessarily of original materials. Recreational Vehicle A motor vehicle, or an enclosure designed to be attached to a motor vehicle for transportation over public roads, used or designed to be used for sleeping, or for cooking or other housekeeping activities, when such motor vehicle or enclosure exceeds 18 feet in length and five feet in height. DEFINITIONS 16 ZONING AND LAND DEVELOPMENT Rehabilitation Definitions 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. Renewable Energy Source Any method, process, or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy, and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes. Rental Storage A structure containing separate storage units of varying sizes leased on an individual basis. Rental Storage, small scale interior One or more storage units for lease within a single building that are accessed exclusively through a pedestrian doorway. Repairs Any or all work involving the replacement of existing work with equivalent material for the purpose of maintenance, but not including any addition, change or modification in construction. Report Any letter, review, memorandum, compilation, or similar writing made by any body, board, officer, or consultant other than a solicitor to any other body, board, officer, or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body, or agency, nor shall any appeal lie therefrom. Any report used, received, or considered by the body, board, officer, or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction. Research and Development Laboratory An establishment engaged in investigation in the natural, physical, or social sciences, but which may include engineering and product development. Residence A place for residential occupancy. Residential Occupancy Those activities conducted in living quarters in an urban setting and excludes such activities as the keeping of livestock or fowl, activities resulting in noise that constitutes a nuisance in a residential area, and activities that involve the storage of motor vehicle parts, machinery or parts, junk, or scrap metals. Restaurant A lot upon which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises whether or not entertainment is offered, and includes establishments known commonly as bars, taverns, grills, cafes, and night clubs. DEFINITIONS 17 ZONING AND LAND DEVELOPMENT Restaurant Fast Food Definitions A building or part of a building used to furnish food and beverages to the public where customers place their orders at an inside service counter and where food is served for consumption either at eating areas within the building or taken out for consumption away from the premises Restaurant Fast Food with Drive-Through Service A fast food restaurant which is designed for the serving and pick-up of food and beverages without leaving a motor vehicle, for off-premises consumption. Restaurant Non-alcoholic A lot upon which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises whether or not entertainment is offered, but does not serve any alcoholic beverages. Restoration Any or all work connected with the returning to or restoring a building or part of any building to its original condition through the use of original or nearly original materials. Right-of-Way Land set aside for public use or ownership as a street, crosswalk, drainage way, utility course, or other similar facility. Scale The size, or apparent size, of a building in relationship to the size of a human being. Left, smale scale two-story building. Right, large scale two-story building. School A public or private educational facility having grades K through 12 (or any consecutive combination thereof), and meeting Commonwealth requirements, or providing undergraduate, graduate, or postgraduate education, including community colleges, and being accredited. See separate definition for trade schools. Screening Materials used to form a visual or partially-acoustical barrier. Setback The required distance between every structure and any lot line on the lot on which it is located. Side Lot Line Any lot line that meets the end of a front lot line or other lot line within 30 degrees of being parallel to such a line, except a front lot line. Side Yard The distance between the side lot line and the side building line, extending from the established front setback to the established rear yard. DEFINITIONS 18 ZONING AND LAND DEVELOPMENT Sight Distance Definitions The length of street, measured along the centerline, that is visible continuously from a point six inches above the pavement and along the centerline of the street. Sign See Sign Definitions, pages A59 through A67. Site Plan A plan accompanying, and being made part of, an application for a zoning permit, variance, or special exception. Social Club A place where gathers a communion of people joined by religion, ethnicity, politics, employment, activity, or other interest, formed for the preservation and advancement of a lawful interest, and enjoying tax-exempt status granted by the Internal Revenue Service A social club may contain eating and drinking facilities. Solid Waste Facility A site and complex of buildings and structures designed to accommodate the temporary storage, transfer, processing, reduction, recycling and/or conversion to energy of trash, garbage and other solid wastes; however, this definition shall not apply to individual solid waste structures of less than 2,000 cubic feet (outside measurement). Solid Waste Mechanical Processing Unit A solid waste storage unit that uses mechanical means to compact, reduce, or otherwise process solid waste. Solid Waste Storage Unit A structure of less than 2,000 cubic feet (outside measurement) designed to accommodate the temporary storage of solid waste Any such structure located within a building or other completelyenclosed structure shall not be included in this definition or governed by regulations applying thereto. Individual waste containers, alone or in combination, comprising less than 165 gallons of capacity shall be considered accessory uses and shall not be included in this definition. Special Exception A use permitted in a particular zoning district pursuant to the provisions of the Pottstown Zoning Ordinance. Storage shed An accessory building with four sides and a roof, not exceeding 100 square feet or eight feet in height, for the storage of lawn, garden and swimming pool equipment or similar domestic items. Street Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways, whether public or private, use 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. 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. DEFINITIONS 19 ZONING AND LAND DEVELOPMENT Street Line Definitions A line determining the limit of pedestrian or vehicular rights, either existing or contemplated, of the public. Structure Any constructed, erected, or placed material or combination of materials in or upon the ground or water, including, but not by way of limitation, buildings, mobilehomes, radio towers, sheds, signs, storage bins, tents, and pools. (See Airport Zoning for special definition as regards to living plants.) Subdivision The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development; provided, however, the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. Subdivision Ordinance The Pottstown Subdivision and Land Development Ordinance. Substantially Completed In the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant-to the requirements of this or any other land-use ordinance of the Borough) 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. Swimming Pool Any permanent pool not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point of one and a half feet. Trade School Vocational school, karate schools, music schools or studios (including, but not limited to, schools or studios providing voice and/or instrument instruction), dance schools or studios, art schools or studios, and other similar institutions. Toilet Facility Operating water closet, sink, and shower or bathtub. Utility Company An entity organized for the transmission and exchange of telephone, television, radio telephone, gas, power, sewage, water, and for similar activities, and governed by the Pennsylvania Public Utility Commission. Utility Company Operational Facility A utility company building or structure and its equipment used for the transmission and exchange of telephone, television, radio telephone, gas, power, sewage, and water facilities, provided, however, these shall not include offices, business facilities, storage of materials or equipment, trucks, repair facilities, or the housing of employees or any other person. DEFINITIONS 20 ZONING AND LAND DEVELOPMENT Variance Definitions Relief granted pursuant to the Pottstown Zoning Ordinance [Article A9]. Veterinary Office and Kennel An establishment providing medical care, treatment, grooming, or boarding services for animals. Warehouse A building used primarily for the storage of goods and materials, not involving ordinary on-site storage connected with retail activities. Yard The area between any lot line and the setback required therefrom. Zoning Officer The Zoning Administrator of the Borough of Pottstown; the person authorized pursuant the Pennsylvania Municipalities Code to enforce this Article. Zoning Permit A certificate issued by the Zoning Administrator stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this Article 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 context dictates clearly otherwise. DEFINITIONS 21
