As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTURE A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of the stock-in-trade books, magazines, other periodicals, photographs, slides and motion pictures which are distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or anatomical areas or an establishment with a segment or section devoted to the sale or display of such material, being an establishment from which minors are excluded.
[Added 10-11-1977 by Ord. No. 227-77]
ADULT DRIVE-IN THEATERA drive-in theater for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, being an establishment from which minors are excluded.
[Added 10-11-1977 by Ord. No. 227-77]
ADULT MINI-MOTION-PICTURE THEATERAn enclosed building with the capacity for fewer than 50 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, being an establishment from which minors are excluded.
[Added 10-11-1977 by Ord. No. 227-77]
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, being an establishment from which minors are excluded.
[Added 10-11-1977 by Ord. No. 227-77]
ALLEYA public or private way not more than 30 feet wide, affording only secondary means of access to abutting property.
AUTOMOBILE OR TRAILER SALES AREAAn open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE SERVICE STATION or FILLING STATIONA building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where the following repairs may be rendered:
A. Major repair: includes minor repairs, also collision service, including body, frame or fender straightening or repair painting or paint shop and mechanical car wash establishments; does not include operations requiring the burning of rubber.
B. Minor repair: general repairs and servicing; excludes major repairs as listed above.
AUTOMOBILE WRECKINGThe dismantling or dissembling of used motor vehicles or trailers; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENTA story whose floor is more than 12 inches but not more than half of its story height below the average level of the adjoining ground [as distinguished from a cellar, which is a story more than one-half (1/2) below such level]. Any portion of a basement, when used as a dwelling, shall be counted as a story for purposes of height measurement.
BOARDThe Zoning Hearing Board.
[Amended 1-9-1990 by Ord. No. 425]
BOUTIQUE HOTELA building designed for occupancy as the temporary residence of individuals who are lodged with or without meals. The facility has a maximum of 75 lodging rooms and may include meeting rooms, dining facilities, a bar/lounge and ancillary recreational uses as accessory uses or structures incidental to the hotel operation.
[Added 1-13-2020 by Ord. No. 878]
BUILDINGAny structure having a roof supported by columns or walls used for shelter or enclosures. When divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.
BUILDING HEIGHTThe vertical distance measured from the average level of the highest and lowest portion of the building site covered by the building to the ceiling of the uppermost story.
BUILDING, PRINCIPALA building which contains the principal use of the building site on which it is situated. In a residential district, a dwelling is a "principal building" on the zone lot.
COMMISSIONThe City Planning Commission of the City of Pottsville.
COUNCILThe City Council of the City of Pottsville.
CRAFT BREWERY[Added 1-13-2020 by Ord. No. 878]
A. An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages to serve on site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the PA Liquor Control Board. Service of brewed beverages must be in conjunction with the service of food. May include the distribution of beverages for consumption at other sites. May only include sale of alcoholic beverages produced on site.
B. The facility must meet all applicable governmental regulations.
CRAFT DISTILLERY[Added 1-13-2020 by Ord. No. 878]
A. An establishment that produces alcoholic spirits and/or similar beverages to serve on site. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the PA Liquor Control Board. Service of distilled beverages must be in conjunction with the service of food. May include the distribution of beverages for consumption at other sites. May only include sale of alcoholic beverages produced on site.
B. The facility must meet all applicable governmental regulations.
DISTRICTA portion of the territory of the City of Pottsville within which certain uniform regulations and requirements apply under the provisions of this chapter.
DWELLINGAny building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except as provided herein:
B. DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
C. DWELLING, MULTIFAMILYA building designed for occupancy by three or more families and containing three or more dwelling units, including garden apartments, elevator apartments, elevator apartments primarily for the elderly and rooming houses or row houses which contain fewer than nine dwelling units on each floor.
DWELLING STRUCTUREAny structure containing one or more rooms providing sleeping and sanitary facilities, not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boardinghouse or similar structure.
DWELLING UNITOne or more rooms, including a kitchen or kitchenette and sanitary facilities, in a dwelling structure, designed as a unit for occupancy by not more than one family.
ELDER CARE FACILITYAny premises which provides sleeping rooms where persons are lodged and where meals and/or nursing care is available due to the age of physical or mental infirmity of persons residing therein. This term includes nursing homes, assisted-living facilities, intermediate-care facilities, congregate-care facilities and elderly supervised independent living accommodations.
[Added 3-9-1998 by Ord. No. 591]
ESSENTIAL SERVICESThe construction or maintenance, by public utilities or governmental agencies, of gas, electrical, steam, telephone or water distribution systems. These include equipment such as poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment which conform to the height regulations of the district in which they are proposed, except that buildings and electric substations are excluded.
FAMILYAn individual or two or more persons related by blood or marriage or a group of not more than five persons (excluding servants) who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit, except that dormitories and religious homes with common living quarters and adequate central services are excluded.
FLOOR AREAFor the purposes of applying the requirements for off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.
GARAGE, PRIVATE PARKINGA detached accessory building used only for the storage of automobiles by the family's resident upon the premises located upon the zoned lot.
[Amended 2-12-2018 by Ord. No. 866]
GARAGE, PUBLIC PARKINGA structure other than a private garage used for the storage, sale, hire, care, repair or refinishing of automobiles.
GENERAL NUISANCEAny use considered to be inconsistent with the public comfort, convenience, health, safety and general welfare. The following factors are included:
A. Fire and explosion hazards.
B. Electrical and radioactive disturbances.
G. Other forms of air pollution not listed above.
GROCERY STOREA retail store (less than 20,000 square feet in size) that primarily sells food, including canned and frozen foods, fresh fruits and vegetables, and fresh (raw) and prepared meats, fish and poultry.
[Added 1-13-2020 by Ord. No. 878]
HEALTH CARE[Added 1-13-2020 by Ord. No. 878]A. Health care consists of services and products that are intended to maintain or improve human health via the prevention, diagnosis or treatment of disease, illness, injury and other physical and mental impairments. Health-care services and products may be provided by professional and/or volunteer individuals or by organizations established to meet health needs of the general public. Health care encompasses many professions, including dentistry, midwifery, surgery, nursing, medicine, ophthalmology, audiology, psychology, pharmacology, physiology, occupational therapy, physical therapy and other professions that are part of health care.
B. Health care includes hospice but it does not include homeless shelters or drug and/or alcohol treatment facilities (other than hospitals) which render care on an outpatient or inpatient basis.
HEALTH-CARE FACILITYAn establishment at which health care is provided, including hospitals, doctors' offices, and clinics.
[Added 1-13-2020 by Ord. No. 878]
HOTELA building designed for occupancy as the temporary residence of individuals who are lodged with or without meals. No cooking is provided in any individual room or suites.
JUNKIncludes scrap metals and their alloys, bones, used materials and products (such as rags and cloth, rubber, rope, tinfoil, bottles, old tools and machinery, fixtures and appliances, lumber, boxes or crates, pipe and pipe fittings) and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled.
JUNKYARDConsists of buildings or premises where junk, waste, discarded or salvage materials are bought, sold, stored, packed or handled. "Junkyards" include automobile wrecking yards, house wrecking and structural steel materials and equipment. The purchase or storage of used furniture, household equipment and used cars in operable condition are not included.
LOTA 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.
[Amended 12-12-1994 by Ord. No. 526]
A. LOT, CORNERA lot abutting upon the intersection of two or more streets which form an interior angle of less than 135º. The point of intersection of the street lot lines is the corner.
B. LOT DEPTHThe mean horizontal distance between the front and the rear lot lines.
C. LOT LINES:
(3) LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
D. LOT WIDTHThe mean width of the lot measured at right angles to its depth.
E. LOT AREAThe computed area contained within the lot lines.
MASSAGE PARLORAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, health clubs, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the Commonwealth of Pennsylvania, nor barbershops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulders, nor hotels with at least 20 rooms available for transient guests. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational and athletic facilities and facilities for the welfare of the residents of the area, being an establishment from which minors are excluded.
[Added 10-11-1977 by Ord. No. 227-77]
MOBILE HOMEA dwelling unit that can be towed, transported or self-propelled from its place of manufacture to a designated site; a unit that can be moved in its entirety and be relocated by the same method of towing, transporting or self-propellation as originally used.
[Added 4-13-1971 by Ord. No. 150-71]
NONCONFORMING LOTA lot, the area or dimension 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 reasons of such adoption or amendment.
[Amended 12-12-1994 by Ord. No. 526]
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment hereto or prior to the application of this chapter or amendment to its location by reason of annexation.
[Amended 12-12-1994 by Ord. No. 526]
OFFICE BUILDINGA building comprised of more than 50% percent of offices. Offices permitted in the C-1 District and home occupations with offices are not considered to be "office buildings."
OUTDOOR DINING AND/OR ENTERTAINMENT FACILITYA facility that is adjacent to, or is part of, a dining or entertainment establishment (including, but not limited to, hotels, theaters, restaurants, taverns, social halls, clubs and lodges) that includes outdoor areas for dining and/or entertainment (including, but not limited to, theatrical, musical or cultural performances).
[Added 1-13-2020 by Ord. No. 878]
PARKING AREA, PRIVATEAn open area for the same uses as a private garage, and subject to the same conditions.
PARKING AREA, PUBLICAn open area, other than a street or other public way, used for the parking of automobiles and available to the public.
PRINCIPAL PERMITTED USEAny use requiring no special action by the Board or the Commission before a zoning permit is granted by the Zoning Officer, subject to all other applicable provisions of this chapter.
[Amended 12-12-1994 by Ord. No. 526]
RECREATIONC. RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization and open to the general public.
D. RECREATIONAL FACILITY, OUTDOORAny activity normally conducted outdoors, including swimming, tennis, baseball, football and similar recreational and/or athletic activities. Such activities conducted within an enclosed building or structure shall be considered to be "outdoor recreational facilities."
ROOMING HOUSEA building containing a single dwelling unit and rooms for the rooming and/or boarding of between three and 25 persons for definite periods of not less than one week.
SIGN [Amended 2-11-1986 by Ord. No. 358]Any name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon or within a building, structure or land in view of the general public and which directs attention to a product, place, activity, person, institution or business. Further sign definitions are as follows:
A. BUSINESS OR IDENTIFICATION SIGNA sign which directs attention to a business, profession, product, service, activity or entertainment sold or offered upon the premises where such sign is located.
B. ADVERTISING SIGN (BILLBOARD)A sign used for the display of printed or painted advertising matter which directs attention to a business, product, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
C. DIRECTIONAL SIGNAn advertising sign or device intended to direct or point toward a place or object or one that points out the way to either an unfamiliar or a known place or object that obviously could not be easily located without such a sign or device, whether or not located on the premises.
D. FLASHING SIGNA sign, the illumination of which is not kept constant in intensity at all times when in use, and which exhibits sudden or marked changes in lighting effects. Illuminated signs which indicate the time, temperature, date or other similar information shall not be considered "flashing signs."
E. ILLUMINATED SIGNA sign which has characters, letters, figures, designs or outlines illuminated by electric lighting or luminous tubes as part of the sign.
F. INDIRECTLY ILLUMINATED SIGNAn illuminated, nonflashing sign whose illumination is derived from an external artificial source so arranged that no direct rays of light are projected from such artificial source into residential zones or public streets.
G. NAMEPLATE SIGNA sign which states the name or addresses or both of the occupant of the lot where the sign is located.
I. REAL ESTATE SIGNA sign which is for the sole purpose of selling or leasing the real property on which it is located.
J. TEMPORARY SIGNA sign which is not permanently affixed to the property on which it is located and is intended to advertise or announce a special campaign or event, including but not limited to a political, educational, charitable, professional, religious, commercial or like campaign or event. Portable signs manufactured with the intention of being movable which may have ability to change messages shall also be considered "temporary signs" and shall comply with these regulations. Such signs shall in no way be permanently affixed to the property.
K. PROJECTING SIGNA sign which is attached to the structure wall and which extends more than 15 inches from the face of such wall.
L. WALL SIGNA sign which is attached to the wall of a structure with the face in a plane parallel to such a wall, and not extending more than 15 inches from the face of such wall.
STORYThe portion of a building included between the surfaces of any floor and the floor above it; if there is no floor above it, then the space between the floor and the ceiling next above it.
A. STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. Any partial story used for residence purposes, other than for a janitor and his family, shall be deemed a full story.
B. STORY, FIRSTThe lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building. Any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the "first story."
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
A. RESIDENTIAL STREETA street between two intersecting streets upon which an R District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.
B. SIDE STREETThe street adjacent to a corner lot which extends in the general direction of the depth of the lot.
STRIP MININGAny mining operation by which the earth and rocks overlying a coal vein are removed by mechanical means or by hand for the purpose of recovering, mining or removing coal thereunder.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
[Added 1-9-1990 by Ord. No. 425]
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease or 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.
[Added 1-9-1990 by Ord. No. 425]
VARIANCERelief granted by Zoning Hearing Board from the requirements set forth in this chapter and in accordance with the procedures set forth in this Zoning Code where it is alleged that the provisions of this code inflict unnecessary hardship upon an applicant.
[Amended 1-9-1990 by Ord. No. 425]
YARDAn open space of uniform width and depth, lying between a building (or group of buildings) on the same lot and the nearest lot line. It is unoccupied and unobstructed from the ground upward, except as otherwise permitted.
A. YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line.
B. YARD, REARAn open space extending the full width of the lot between a building and the rear lot line.
C. YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line.