For the purpose of this chapter, certain words
and terms are defined as follows:
A.
The present tense includes the future.
B.
The singular number includes the plural and the plural
the singular.
C.
The word "shall" is always mandatory, and not directory;
and the word "may" is permissive.
D.
Required dimensions are the minimum unless the contrary
is specified.
E.
The word "use" and the word "used" refer to any purpose
for which a lot or land or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use;
and to any purpose for which a building or structure of part thereof
is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use, or erected, constructed, altered,
enlarged, moved or rebuilt with the intention or design of using the
same.
F.
The word "person" includes an individual, a corporation,
partnership, unincorporated association or any other similar entity.
G.
The words "includes" or "including" shall not limit
the term to the specified example, but is intended to extend its meaning
to all other instances of like kind and character.
H.
The word "occupy" includes the words "designed" or
"intended to be occupied."
I.
The word "building" includes the word "structure."
J.
The word "Township" means Upper Pottsgrove Township,
Montgomery County, Pennsylvania, and the term "Board of Commissioners"
means the Board of Commissioners of said Township.
[Amended 9-22-1986 by Ord. No. 164; 7-27-1987 by Ord. No. 170; 11-26-1990 by Ord. No. 218; 3-8-1993 by Ord. No. 243; 11-25-1996 by Ord. No. 272; 11-25-1996 by Ord. No. 273; 6-22-1998 by Ord. No. 289; 9-27-1999 by Ord. No. 300; 7-10-2000 by Ord. No.
307; 7-10-2000 by Ord. No. 308]
As used in this chapter, the following terms
shall have the meanings indicated:
A driveway which connects a street with a parking lot, and
where parking is typically prohibited.
[Added 12-6-2010 by Ord. No. 445]
A building subordinate to the principal building on the same
lot therewith and used for purposes customarily incidental to those
of the principal building.
A facility which is licensed to provide care to elderly,
infirm and/or handicapped adults.
The cultivating of the soil and the raising and harvesting
of the products of the soil, including, but not by way of limitation,
nursery, horticulture and forestry.
Any change in exit facilities, structural parts, or mechanical
equipment which does not increase the cubic content of a building.
Satisfactions derived from ownership or occupancy, or both,
of a property because of qualities of excellence which characterize
the property and its surroundings. In appraising, the term is most
frequently used in connection with considerations relating to properties
which typically are appealing to prospective buyers for owner occupancy.
One or more rods, panels, discs or similar devices used for
the transmission or reception of radio frequency signals which may
include omnidirectional antenna (rod), directional antenna (panel)
and parabolic antenna (disc). The antenna array does not include the
support structure defined below.
A dwelling in an apartment house.
A building containing three or more dwelling units having
common services or facilities, or both, and served by a common entrance
hall.
Air Pollution Control Act.[1]
[Added 7-21-2014 by Ord.
No. 473]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
Passed upon as satisfactory by the authority designated by
law to give approval to the matter in question.
A wireless telecommunications facility of which some component
is attached to an attachment structure.
A building or existing structure suitable for the support
of a wireless telecommunications facility but which has been designed
and constructed for another purpose. Such existing structures shall
include, but not be limited to, the following: utility poles, water
towers and municipally owned towers.
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," 53 P.S. § 301 et seq.[2]
The temporary or occasional care of any number of children
not related to the caregiver which takes place at the home of the
caregiver; the temporary or occasional care of any number of children
at a dwelling unit customarily and regularly occupied by the children
as the residence; or the regular care of one, two or three children
not related to the caregiver which takes place in the home of the
caregiver.
A bank or financial establishment, including credit unions,
and related financial service organizations.
[Added 5-20-2019 by Ord.
No. 504]
A story partly or wholly underground, but having at least
1/2 its height below grade.
Any enlargement of a building, whether by extending on any
side or by increasing in height, any change in the use or classification
of a main building, or the moving of a building from one location
to another.
Any structure having enclosing walls and roof, permanently
located on the land.
The area of a horizontal section of a building taking its
greatest outside dimensions on the ground floor, including all attached
structures.
The ratio of the total ground floor area of a building to
the area of the lot on which it is located.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located, provided that the side and back yard requirements
are met.
A zone in which a building facade is required to be located.
The zone is measured from, and perpendicular to, the right-of-way.
[Added 10-19-2009 by Ord. No. 438]
A unit of luminous intensity approximately equal to the light
emitted by one candle.
[Added 4-18-2011 by Ord. No. 446]
(In candelas) = luminance (in candelas/square meter, or nits)
x sign or billboard area (in square meters).
[Added 4-18-2011 by Ord. No. 446]
Open space that is suitable for active recreation, but may
additionally be suitable for some passive recreation activities. It
shall be located in a location central to the subdivision or neighborhood
that it serves, and that is easily and conveniently accessible to
all lots in that subdivision or neighborhood. Central open space may
include village greens, eyebrows, cul-de-sac islands or parkways (as
permitted by zoning district).
[Added 3-28-2005 by Ord. No. 379]
A covered pit with open-jointed linings into which raw sewage
is discharged, the liquid portion of which is disposed of by seepage
or leaching into the surrounding porous soil, the solids or sludge
being retained in the pit.
Copy containing or displaying letters, numbers or graphics
which is designed to be readily changed.
[Added 4-18-2011 by Ord. No. 446]
Any dwelling, building or portion thereof in which child
care services are provided, including any on-site outdoor play area.
Child day-care facilities shall be further differentiated by the following
three classifications:
FAMILY DAY-CARE HOMEAny premises or dwelling unit other than the child's own home where the child care areas are being used as a family residence, operated for profit or not-for-profit, in which child day-care is provided at any one time on a regular basis to four, five or six children who are not relatives of the caregiver. Day-care service for children in this type of facility is different from "babysitting."
GROUP DAY-CARE HOMEA 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.
DAY-CARE CENTERA facility which is licensed to provide care for seven or more children at one time, where the child care areas are not being used as a family residence.
Natural wood that has no paint, stains, or other types of
coatings, and natural wood that has not been treated with preservatives
or chemicals, including but not limited to, copper chromium arsenate,
creosote, or pentachlorophenol.
[Added 7-21-2014 by Ord.
No. 473]
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings and a constitution and/or bylaws.
A development pattern wherein structures are arranged in
closely related groups, reducing lot sizes and preserving land for
open space.
A parcel 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 of residents of the development, not including
streets, off-street parking areas, and areas set aside for public
facilities. This land shall be substantially free of structures but
may contain such improvements as are in the development plan as finally
approved and as are appropriate for the recreation of residents.
A building or any part of any building used for recreational,
social, educational and cultural activities, open to the public or
a designated part of the public and the control of which is vested
in the Township, a local board or agent thereof.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The Upper Pottsgrove Township Comprehensive Plan, adopted
December 26, 1973, and amendments thereto, officially adopted by the
Township's Planning Commission and Township Commissioners.
A form of ownership of real estate in which the property
is divided into various components, each of which may be owned by
one or more persons separately or in common with others. Each owner
of a separate component is charged with a percentage of the cost of
maintaining the jointly owned components.
The materials and methods of fabricating the various elements
of a structure or building.
The remodeling or alteration of a structure so as to change
the number of dwelling units or principal use.
An open, unoccupied space bounded on two or more sides by
the exterior walls of a building or by exterior walls and lot lines.
INNER COURTA court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
OUTER COURTA court enclosed on not more than three sides by exterior walls is allowable, with one side or end open to a street, driveway, alley or yard.
That percentage of the area of a site occupied by buildings.
A minor street with entrance and exit at the same end.[3]
A written instrument which shows ownership in real property
and is used to convey ownership.
DEED RESTRICTIONA restriction upon the use of a property placed on a deed.
WARRANTY DEEDA deed in which, either expressly or by implication, the grantor guarantees that the title which he undertakes to transfer has not been previously conveyed by him and is free from defects and that the property in unencumbered except as stated, and for himself and heirs, agrees to defend and protect the grantee against any loss which may be suffered by reason of the existence of any other title or interest in the property existing at the time the deed was executed and not excepted therein.
The number of units (persons, families, or dwellings) per
acre or square mile.
Developable acreage shall be used to calculate the maximum
number of dwelling units permitted on a tract of land and the minimum
area for each lot. Developable acreage shall be equal to the gross
acreage minus the following:
[Added 6-23-2003 by Ord. No. 351]
All land within the ultimate rights-of-way of
existing public or private roads, streets, highways or public utilities.
All land within existing easements and access
strips.
All, or any portion thereof, land containing a natural feature as determined by the standards provided under § 350-70A of this chapter.
All detention ponds.
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.
For purposes of the floodplain provisions set forth in Article VI and elsewhere in this chapter, "development" shall mean any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filing, grading, excavation, mining, dredging or drilling operations or storage of equipment or materials, and the subdivision of land.
For other purposes of this chapter, "development" shall have the meaning set forth in Subsection A, above, and shall also mean a "land development" as defined herein.
The provisions for development of a planned area, including
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 "provisions for the development
plan" shall mean the written and graphic materials mentioned above.
A house, an apartment, or other group of rooms, or a single
room is regarded as a dwelling when it is occupied or intended for
occupancy as separate living quarters, that is, when the occupants
do not live and eat with other persons in the structure and there
is:
When described in the pertinent parts of this chapter, the
various dwelling types are intended to have the following meanings:
SINGLE-FAMILY DETACHED DWELLING (or SINGLE-FAMILY DWELLING)A building designed for and occupied exclusively as a residence for one family and having no party wall in common with an adjoining building.
TOWNHOUSE (or SINGLE-FAMILY ATTACHED DWELLING)A building designed for and occupied exclusively as the residence for one family with party walls, except in the case of end units, in common on both sides.
TWIN (or TWO-FAMILY SEMI-DETACHED DWELLING)A building designed for and occupied by two families, having one party wall in common with each dwelling unit.
DUPLEX (or TWO-FAMILY DETACHED DWELLING)A building designed for and occupied by two families, one living above the other, having a common partition between them and having no party wall in common with an adjoining building.
MULTIFAMILY DWELLINGA detached building occupied by three or more families, each living independently of the other.
GARDEN APARTMENTA multifamily dwelling, as defined above, which is three stories or less in height.
A vested or acquired right to use land other than as a tenant
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
An assemblage of equipment for purpose other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public, provided that in residential districts
an electric substation shall not include rotating equipment, storage
of materials, trucks or repair facilities, housing of repair crews,
offices or places of business.
United States Environmental Protection Agency.[4]
[Added 7-21-2014 by Ord.
No. 473]
One or more persons, related by blood, marriage,
or adoption, living together as a single housekeeping unit and using
cooking facilities and certain rooms in common.
Not more than five unrelated persons living
together as a single housekeeping unit and using cooking facilities
and certain rooms in common.
A temporary inundation of normally dry land areas.
Unit of measurement of light, where one footcandle equals
approximately the amount of light produced by a candle at a distance
of one foot. It is equivalent to one lumen per square foot. A footcandle
is measurable with an illuminance meter, also known as a light meter.
[Added 10-19-2009 by Ord. No. 438; amended 4-18-2011 by Ord. No.
446]
The extent of a building or of land along a public road or
a public waterway.
The exterior wall of a building closest to the street on
which the lot fronts. For multifrontage lots, the front facade is
the wall of the building closest to the street that contains the primary
entrance.
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp’s intensity is emitted at or
above an angle 10° below that horizontal plane, at all lateral
angles around the fixture.
[Added 10-19-2009 by Ord. No. 438]
Attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
[Added 10-19-2009 by Ord. No. 438]
PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicle fuel or accessories, and which may or may not include facilities
for lubricating, washing, or otherwise servicing motor vehicles but
which shall not include painting or body and fender repairs.
Excessive brightness in the field of view that causes loss
in visual performance or annoyance, so as to jeopardize health, safety
or welfare.
[Added 10-19-2009 by Ord. No. 438]
The Board of Commissioners of Upper Pottsgrove Township,
Montgomery County, Pennsylvania.
The total area included within the exterior walls of a building,
exclusive of open courts.
[Added 5-20-2019 by Ord.
No. 504]
An administrative proceeding conducted by a board pursuant
to § 909.1 of the Pennsylvania Municipalities Planning Code,
as amended.[5]
A building's vertical measurement from the mean level of
ground surrounding the building to a point midway between the highest
and lowest points of the roof, provided that chimneys, spires, towers,
elevator penthouses, tanks and similar projections shall not be included
in calculating the height.
The vertical distance measured from the ground level to the
highest point on a telecommunications support structure including
antennas mounted on the support structure.
The location of a significant event, a prehistoric or historic
occupation or activity or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical,
cultural or archaeological value regardless of the value of any existing
structure.
Any structure that is:
Listed individually on the National Register
of Historic places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district.
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.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
A business or commercial activity that is conducted as an accessory use to a principal, single-family dwelling unit. Home occupations are permitted where noted, and subject to § 350-19 of this chapter. It is noted that a limited business or commercial activity which adheres to the definition of "no-impact home-based business," as defined herein, is permitted by right in any dwelling unit within the residential zoning districts.
[Amended 9-8-2003 by Ord. No. 353]
An institution providing human health care services primarily
as an inpatient facility and offering clinical, temporary or emergency
medical or surgical care procedures to the sick and injured and licensed
by the state to provide such facilities and services. A hospital includes
not only facilities where such service is rendered, but includes related
facilities such as laboratories, outpatient departments, training
facilities, central services and staff offices that are essential
to the service delivery.
A building used for the purpose of furnishing for compensation
more or less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
Those housing units designed for and intended for occupancy
exclusively by those persons over the age of 62. Such units shall
include those projects developed under applicable federal and/or state
housing assistance programs. Such housing units shall contain appropriate
safety features pertinent to the needs of their residents and ancillary
recreation and other community facilities as an integral part of their
development concept. The developer of such housing units in the Township
of Upper Pottsgrove Township must guarantee that said units will be
occupied solely by elderly residents as defined above. Furthermore,
elderly housing shall also be defined as consisting of the following
living arrangement types:
INDEPENDENT LIVING DEVELOPMENTAn age-restricted development containing multifamily dwellings, single-family dwellings or a combination of the two which is designed exclusively for elderly residents living in separate dwelling units, with minimal or no services.
CONGREGATE CARE FACILITYTypically a multifamily development designed exclusively for elderly residents, with a common dining facility and limited support services such as housekeeping and transportation.
PERSONAL CARE FACILITYA premises, licensed by the Pennsylvania Department of Public Welfare, in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator and who do not require the services in or of a skilled nursing or intermediate care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. A personal care facility is sometimes referred to as an "assisted living facility."
LIFE CARE FACILITYAn age-restricted continuing care development that provides a continuum of accommodations and care, from independent living units to personal care and nursing homes, and enters into contracts to provide life-long care in exchange for the payment of periodic fees and an entrance fee. "Independent living units" are dwelling units located within a life care facility. A life care facility is sometimes referred to as a "continuing care retirement community (CCRC)." A life care facility is issued a certificate of authority by the Pennsylvania Department of Insurance.
The amount of light from a billboard or sign landing on a
distant surface. It is measured in footcandles (fc) or lux.
[Added 10-19-2009 by Ord. No. 438; amended 4-18-2011 by Ord. No.
446]
EYE ILLUMINANCEThe illuminance in footcandles at the location of the eyes of a viewer. This unit is used to measure the illuminance of an LED/digital sign. Eye illuminance is determined using the Inverse Square Law, or: Illuminance (in foot candles) = candlepower (in candelas)/distance2 (in
feet).
The land covered by buildings and paved surfaces, including
gravel surfaces, which do not permit water to penetrate into the soil.
Buildings, roads, parking, driveways, walkways, patios, porches, decks
and other similar structures or uses are included unless constructed
of pervious or porous materials, as determined by the Township Zoning
Officer.
A structure or public utility, or any other installation
or physical change made in a property with a view to increasing its
value, utility or beauty.
The candlepower, or concentration of light emitted in a given
direction from an entire sign or billboard.
[Added 4-18-2011 by Ord. No. 446]
A facility that provides nursing care and related medication
or other personal health services on a regular basis to individuals
who do not require a degree of care or treatment which a hospital
or skilled nursing care facility is designed to provide, but who,
because of their mental or physical disability, require hospital or
skilled nursing services within the context of a planned program of
care and administrative management, supervised on a continuous twenty-four-hour
basis in an institutional setting (see "skilled nursing care facility"
and "personal care facility").
Any of the following activities:
The improvement of one or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure.
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
A 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
persons having a proprietary interest in land.
A part of the earth's surface or the view of a portion of
land or land and water as seen from any given point.
The alteration of existing ground conditions together with
construction and development of ground features, including minor structures.
A building containing printed and pictorial materials for
public use for purposes of study, reference and recreation.
The shining of light beyond the boundaries of the property
on which it is located.
[Added 4-18-2011 by Ord. No. 446]
A private living area in a personal care facility or life-care
facility that is designed for one or two individuals. Such a unit
in a personal care facility, typically, contains a bedroom, living
area and bathroom, but not kitchen facilities. An independent living
unit in a life-care facility, typically, contains one or two bedrooms,
living area, dining area, bathroom and kitchen facilities.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of the vehicles, while loading or
unloading merchandise or materials.
A parcel of land which is occupied or is to be occupied by
one principal building or other structure or use, together with any
accessory buildings which are, or may be, placed upon such open spaces
and the area and dimensions of such lot being not less than the minimum
required by this chapter.
LOT AREAThe total horizontal portion lying within the lot lines, provided that no area of land lying within any street line shall be deemed a portion of any lot area; the area of any lot abutting a street shall be measured to the street line only.
LOT LINEA property boundary of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts the street shall be deemed to be the same as the street line.
LOT WIDTHThe width of a lot measured at the building line.
FRONT OF LOTThe edge of a lot which borders on the highway or street. In the case of a corner lot, the front may be designated or election left to the owner by the Zoning Officer.
REAR OF LOTThe edge of a lot opposite the front. In the case of a triangular or gore lot the rear is designated by the Zoning Officer.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area is not considered
a building's lowest floor; provided, that such enclosure is not built
so as to render the structure in violation of the applicable nonelevation
design requirements of this chapter and/or other applicable ordinance
or other law.
A unit of luminous flux (power); a measure of the power of
light as perceived by the human eye.
[Added 4-18-2011 by Ord. No. 446]
The quantitative measure of brightness of a light source
or an illuminated surface. This is the "brightness" of a sign or billboard
as seen from a particular angle of view, measured in candelas per
square meter (cd/sq.m.), or "nits."
[Added 4-18-2011 by Ord. No. 446]
A unit of illuminance which measures light emitted from a
surface, or light incident on a surface (one lux equals one lumen
per square meter).
[Added 4-18-2011 by Ord. No. 446]
A plan required by certain zoning districts for uses specified
therein. These plans are formulated so as to meet the requirements
of the Township Board of Commissioners and require approval by the
Township Board of Commissioners.
[Added 10-19-2009 by Ord. No. 438]
A transportable single-family dwelling intended
for permanent occupancy, contained in one unit, or two or more units
designed to be joined into one integral unit capable of again being
separated for repeated towing, which arrive at a site complete and
ready for occupancy except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used without
a permanent foundation.
For purposes of the floodplain provisions set forth in Article VI and elsewhere in this chapter, "mobile home" shall mean "manufactured home," which shall have the meaning set forth in Subsection A, above, and which shall also mean park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 days.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement hereon of mobile homes.
A building or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate ground floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, intended,
or used principally, for the providing of sleeping accommodations
for travelers.
Upper Pottsgrove Township, Montgomery County, Pennsylvania.
An institution that is established for the purpose of acquiring,
conserving, studying, interpreting, assembling and exhibiting to the
public for its instruction and enjoyment a collection of artifacts
of historical interest.
Structures for which the "start of construction" commenced
on or after October 27, 1976, and includes any subsequent improvements
to such structures.
Unit of luminous intensity measured in candelas per square
meter (cd/sq.m).
[Added 4-18-2011 by Ord. No. 446]
A lot the area or dimensions of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment. For purposes of Article XVIII (providing for nonconforming status) of this chapter, "nonconforming lot" shall have the same meaning as "nonconforming lot" provided under the nonconforming classification in § 350-148 of Article XVIII.
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this chapter 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. For purposes of Article XVIII (providing for nonconforming status) of this chapter, "nonconforming structure" shall have the same meanings as "nonconforming building or structure" and "nonconforming signs" provided under the nonconforming classifications in § 350-148 of Article XVIII.
A use, whether of land or of structure, which does not comply with the applicable use provisions of this chapter 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 reasons of annexation. For purposes of Article XVIII (providing for nonconforming status) of this chapter, "nonconforming use" shall have the same meanings as "nonconforming use" and "temporary nonconforming use" provided under the nonconforming classifications § 350-148 of Article XVIII.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 9-8-2003 by Ord. No. 353]
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling herein.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
An outdoor solid fuel burning furnace is any equipment, device
or apparatus which is installed, affixed or situated outdoors, and
not situate within a building intended for habitation by humans or
domestic animals, which is used for the primary purpose of combustion
of clean wood or other approved solid fuels to produce heat for energy
as a heating system, or component thereof, which provides heat or
hot water to the principal structure, to a structure used for human
or animal habitation, or to any accessory uses or structures, including,
but not limited to, green houses, conservatories and swimming pools.
These furnaces are also referred to as outdoor wood-fired boilers,
outdoor hydronic heaters, outdoor solid fuel burning appliances and
outdoor solid fuel burning equipment, outdoor wood burning furnaces,
outdoor furnaces and the like.
[Added 7-21-2014 by Ord.
No. 473]
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet exclusive of passageways, driveways, or
other means of circulation or access.
Parking space surfaced to whatever extent necessary to permit
reasonable use under all conditions of weather.[6]
Open space that may be used for either or both of the following
purposes:
[Added 3-28-2005 by Ord. No. 379]
Passive, low-impact recreation (such as walking,
hiking, bicycling, bird watching, nature study, picnicking, and similar
pursuits whose quality of experience is enhanced by the park's surroundings).
Preservation of natural areas containing sensitive
natural features, or serving as a buffer from existing roads or abutting
properties.
A tax-exempt institution where people attend regularly to
participate in or hold religious services, meetings and other activities
related to religious ceremonies. The term "church" shall include those
buildings and structures in which religious services are held.[7]
Any building over 1,000 square feet intended for regular
occupancy. Accessory buildings shall not be considered principal buildings.
[Amended 10-19-2009 by Ord. No. 438]
An office for a physician, lawyer, dentist, architect, professional
engineer, planner or other such profession, but not including real
estate office, beauty shop, or mortuary.
A person, not a public utility, who is licensed by the Federal
Communications Commission (FCC) to provide telecommunications service
to the public.
A formal meeting held pursuant to public notice by the governing
body intended to inform and obtain public comment, prior to taking
action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[8]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of matters to be considered at 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.
A building or structure and its equipment, for the transmission
and exchange of telephone, radio telephone, gas, power, and water
facilities, provided however, that in a residential district these
shall not include public business facilities, storage of materials,
trucks or repair facilities or housing of repair crews.
A company regulated by the Pennsylvania Public Utility Commission.
Cellular communications companies and other companies not defined
as a public utility by the Pennsylvania Public Utility Commission
shall not be considered a public utility.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projection;
Designed to be self-propelled or permanently
towable by a light duty truck; and
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
The area of land adjacent to and along a perennial or intermittent
stream, lake, pond, or wetland.
[Added 4-7-2008 by Ord. No. 423]
Any dwelling, or part thereof, in which space is let by the
owner or operator to more than five persons who are not members of
the family.
A public sanitary sewer system, or a comparable common or
package sanitary sewer facility approved by the appropriate governmental
agencies.
A facility, building, lot, parcel, use or group of facilities,
buildings and uses that provides a broad educational curriculum to
individuals enrolled therein, and is licensed by the State Department
of Education, including private and public kindergartens, elementary,
junior and senior high schools and colleges and universities.
A development with multiple commercial, retail and office
uses. Shopping centers up to 300,000 square feet are permitted within
the Pottstown Region’s “Regional Commerce” future
land use area only via Master Plan.
[Added 10-19-2009 by Ord. No. 438]
Any letter, word, model, device or representation intended
as an announcement, direction or advertisement.
The ownership of a lot by one or more persons, partnerships,
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
A premises, licensed by the Pennsylvania Department of Health,
in which nursing care and related medical or other health services
are provided, for a period exceeding 24 hours for two or more individuals
who are not relatives of the operator, who are not acutely ill or
in need of hospitalization but who, because of age, illness, disease,
injury, convalescence or physical or mental infirmity, need such care.
A sanitary landfill, solid waste transfer station, solid
waste incinerator, or other facility for treating, including recycling,
storing and disposition of "solid waste" as defined in the Solid Waste
Management Act (Act of July 7, 1980, P.L. 380, 35 P.S. § 6018.101
et seq.), enacted by the Commonwealth of Pennsylvania, as amended
to the date of this chapter, and any regulations promulgated pursuant
thereto to that date.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor solid fuel burning furnace, especially
that part of a structure extending above a roof.
[Added 7-21-2014 by Ord.
No. 473]
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction work does not include land preservation, such as clearing,
grading and fillings; nor does it include the installation of streets
and/or walkways; nor does it include the excavation for a basement,
footings, piers or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not as part of the main structure. For a structure (other than
a mobile home) without a basement or poured footings, the "start of
construction" includes first permanent framing or assembly of the
structure or any part thereof on its piling or foundation. For a mobile
home park, "start of construction" is the date the construction of
facilities, for serving the site on which a mobile home is to be affixed
(including, at a minimum, the construction of streets, either final
site grading or the pouring of concrete pads, and the installation
of utilities), is completed.
That part of a building between any floor and the floor or
roof next above.
Ultimate right-of-way line.
A public or privately owned right-of-way, serving as a means
of vehicular and pedestrian travel, furnishing access to abutting
properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 the existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
the distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that 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 residential
dwelling, shall be exempted.
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% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
"Substantial improvement" includes any repair,
restoration or other improvement to structures which have incurred
substantial damage regardless of the actual repair, restoration or
other improvement work performed.
"Substantial improvement," however, does not
include either:
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 project is the minimum necessary
to assure safe living conditions.
Any alteration of a historic structure, provided
that the alteration will not preclude the continued designation of
the structure as a historic structure.
A structure designed and constructed to support an antenna
array or micro facility and may include a utility pole, monopole,
self-supporting (lattice) or a guy-wire support tower and other similar
structures.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment including, without limitation,
ham or citizen band radio antennas.
An unmanned building or building addition containing telecommunications
equipment required for the operation of a telecommunications antenna
and covering an area on the ground not greater than 300 square feet.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone or radio telephone
messages between subscribers, and other business of the telephone
company.
A dwelling in which sleeping accommodations for less than
10 persons are provided or offered primarily for travelers for compensation.
A vehicle without motor power which may be towed on public
highways by a passenger automobile without a special hauling permit,
which is designed for human occupancy under transient circumstances
such as camping, travel, or other recreations, and having a body width
not exceeding eight feet and body length not exceeding 32 feet.
A parcel of land under single ownership which has been planned
and improved for the placement of trailers for transient use.
A fee imposed on the purchaser of a lot to be paid to the
Township when the property is conveyed. The fee is allocated for the
maintenance and other needs of open space areas dedicated to the Township.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road, or highway legally
opened or officially plotted, or between a lot and a privately owned
street, road, or way over which the owners or tenants to two or more
lots each held in single and separate ownership have the right-of-way.
COMMERCIAL USEUse predominately for trade or commercial service purposes.
INDUSTRIAL USEUse for manufacturing purposes, often accompanied by warehouses, freight yards, docks, etc.
LAND USEThe process of extracting economic or social gain from the land.
RESIDENTIAL USEUse for purposes related to the residential character of the property.[9]
BEARING WALLA wall which supports any vertical load in addition to its own weight.
COMMON WALLA wall owned by one party but jointly used by two parties, one or both of whom are entitled to such use under the provisions of a lease.
DRY WALLA wall of stone or other durable material, laid without mortar.
FIRE WALLA wall which subdivides a building to restrict the spread of a fire. It starts at the foundation and extends continuously through all stories to and above the roof.
FOUNDATION WALLAny bearing wall or pier below the first-floor construction.
PARAPET WALLThat part of an exterior, party, or fire wall extending above the roof line.
PARTY WALLA wall used jointly by two parties under easement of land that may be held under different ownership.
RETAINING WALLAny wall subjected to lateral pressure other than wind pressure.
Any personal wireless service as defined by the Telecommunications
Act of 1996 which include FCC licensed commercial wireless telecommunications
services. Such services include the following: cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may be developed in the future.
An open unoccupied space on the same lot with a building,
or other structure or use, open and unobstructed from the ground to
the sky.
FRONT YARDA yard extending the full length of the lot along a street line and extending in depth from the street line to the nearest point of any structure on the lot. In regard to corner lots, see Article IV, § 350-32.
REAR YARDA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.
SIDE YARDA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.
The Upper Pottsgrove Township Zoning Map.
The Upper Pottsgrove Township Zoning Ordinance of 1976, as
amended.
[1]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[2]
Editor's Note: Said Act was repealed 6-19-2001
by P.L. 287, No. 22. See now 53 Pa.C.S.A. § 5601 et seq.
[3]
Editor's Note: The former definition of "cul-de-sac island,"
which immediately followed this definition, was repealed 4-4-2022
by Ord. No. 518.
[4]
Editor's Note: The former definition of "eyebrow," which immediately
followed this definition, was repealed 4-4-2022 by Ord. No. 518.
[5]
Editor's Note: See 53 P.S. § 10909.1.
[6]
Editor's Note: The former definition of "parkway," which immediately
followed this definition, was repealed 4-4-2022 by Ord. No. 518.
[7]
Editor's Note: The former definition of "pocket park," which
immediately followed this definition, was repealed 4-4-2022 by Ord.
No. 518.
[8]
Editor's Note: Said Act was repealed 10-15-1998
by P.L. 729, No. 93. See now 65 Pa.C.S.A. § 701 et seq.
[9]
Editor's Note: The former definition of "village green," which
immediately followed this definition, was repealed 4-4-2022 by Ord.
No. 518.
