Baldwin Township City Zoning Code
PART 16
CONDITIONAL USES
§ 27-1601 Conditional Use.
[Ord. 1-1953, 2/9/1953; as added by Ord. 386, 11/4/1998]
A conditional use is an authorized use of real property which may be granted only by approval of the Board of Commissioners pursuant to express standards and criteria after review and recommendation by the Township Planning Commission and public hearing by the Board of Commissioners. Conditional uses shall be hereafter established by ordinance, amending this chapter or other appropriate ordinance of the Township.
§ 27-1602 Approval of Conditional Uses.
[Ord. 1-1953, 2/9/1953; as added by Ord. 386, 11/4/1998; and as amended by Ord. 436, 8/7/2007, § 1]
The Board of Commissioners shall hear and decide a request for a conditional use within the time periods as prescribed by the Municipalities Planning Code, 53 P.S. § 10101 et seq., from the date of submission of a complete and properly filed application for conditional use.
§ 27-1603 Contents and Time for Conditional Use Application.
[Ord. 1-1953, 2/9/1953; as added by Ord. 386, 11/4/1998; and as amended by Ord. 436, 8/7/2007, § 1]
1.
A written application for conditional use must be submitted to the Township not less than 10 working days prior to the regular meeting of the Planning Commission. If no regularly scheduled meeting is pending at the time of application, the application shall be transmitted by the Township Secretary/Manager to the Township Engineer, who shall determine the completeness of the application within 10 days of the Township's receipt thereof. Upon the Township Engineer's certification to the Township Manager of the completeness of the application, the Manager shall advise the Planning Commission of same, and the Township Planning shall convene a meeting to review said application within 14 days thereof. The application shall specify the conditional use which the applicant seeks approval for and state the basis upon which such use is requested. The application shall include the following:
A.
Existing conditions on the property from a current survey prepared by registered land surveyor or professional engineer showing where applicable.
B.
The lot size and square feet boundary by bearings and distances.
C.
Abutting streets, including right-of-way width, pavement width, paving materials, curbs, and sidewalks.
D.
Sanitary sewers, storm sewers, water lines to serve the property including line sizes invert and top elevations of manholes, hydrants, and storm drainage controls.
E.
Gas, electric, telephone lines, and other utility lines and all utility easements across the property.
F.
All other easements across the property by width and use.
G.
Existing structures on the property including walls, buildings, and trees over a twelve-inch caliper.
H.
The names of owners of record of adjacent properties, the names of owner or owners of property for which the conditional use is sought and the names of developers if different from the same.
I.
The North arrow, date of survey, graphic scale, and seal of engineer or surveyor preparing the survey.
J.
The number of dwelling units or square footage of nonresidential space to be developed by floor, building, and total.
K.
The location of proposed structures with dimensions of each structure and distances between structures and between structures and lot lines.
L.
A proposed access to the lots, interior circulation for vehicles and pedestrians, parking and loading areas, walkways, including grade of paved areas, proposed construction width and number of spaces and parking areas.
M.
The proposed connection to public sanitary sewer and water lines or systems where the proposed extension of such systems into the property to serve the structure or structures existing or proposed to be constructed.
N.
The proposed storm drainage system in compliance with applicable Township ordinances including connection to existing storm sewer systems, pipe sizes and methods of collecting surface roof and paved area runoff.
O.
Proposed grading if any.
P.
The proposed screening and landscaping as may be required by the Township ordinance.
Q.
A written statement showing compliance with the applicable expressed standards and criteria of this Part for the proposed use.
R.
Identification of all properties by tax parcel number of all property or properties included in the application.
S.
Any application fee as may from time to time be established by the Board of Commissioners.
T.
A traffic impact analysis if recommended by the Planning Commission.
§ 27-1604 Review of Application.
[Ord. 1-1953, 2/9/1953; as added by Ord. 386, 11/4/1998; and as amended by Ord. 436, 8/7/2007, § 1]
1.
The Planning Commission shall review the application and all material accompanying the application. The Planning Commission shall have the authority to require submission of additional data relevant to the application. The Board of Commissioners shall not take any action on the application until the Planning Commission shall have had at least 30 days to review the application after receipt from the applicant. The Board of Commissioners shall conduct a hearing pursuant to public notice within 30 days of receipt of the recommendation of the Planning Commission, but in no event later than 60 days after the Planning Commissions first meeting following filing of the completed application at which meeting the Planning Commission has accepted the application as complete. Notwithstanding any provision herein to the contrary, said public hearing shall be commenced, completed, and conducted, and the Board's decision rendered and transmitted in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
2.
In considering an application for conditional use approval, the Board of Commissioners may require appropriate conditions and safeguards and conformity with the ordinances of the Township and the Municipalities Planning Code, 53 P.S. § 10101 et seq. A violation of such conditions and safeguards when made part of the terms and conditions under which the conditional use approval is granted shall be deemed a violation of this Part and shall be subject to enforcement as authorized by applicable Township ordinances.
§ 27-1605 Expiration of Conditional Use Approval.
[Ord. 1-1953, 2/9/1953; as added by Ord. 386, 11/4/1998]
Conditional use approval shall expire automatically without written notice to the applicant, if no application for a grading permit, building permit, or zoning certificate to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval unless the Board of Commissioners, in their sole discretion, extend conditional use approval upon written request of the applicant received prior to the expiration. The maximum extension permitted shall be 12 months.
§ 27-1606 Compliance.
[Ord. 1-1953, 2/9/1953; as added by Ord. 386, 11/4/1998]
1.
All applications for conditional use approval shall demonstrate compliance with all of the following general standards and criteria:
A.
The use shall not endanger the public health, safety, or welfare and shall not deteriorate the environment. The proposed use must be in substantial conformity with the Township Comprehensive Plan, if any, and is compatible with surrounding land uses. The proposed use may not have a negative impact on air and water quality, noise, potential hazards, illumination and glare, and restrictions to natural light and air circulation. The proposed use must conform to the scale, character, and exterior appearance of existing structures and uses in the zoning district where it is located.
B.
The use shall comply with all applicable performance standards of this Part and all other Township ordinances.
C.
Ingress, egress, and traffic circulation on the site shall be designed to insure safety and minimize congestion and impact on local streets.
D.
Site lighting if proposed shall be shielded and reflected away from adjacent residential properties and public streets.
E.
Any ordinance of the Township which designates a specific or particular land use as a conditional use may establish additional standards for approval of such use in addition to the standards contained in this Part.
F.
The proposed use complies with all provisions of this chapter, as amended, unless a variance has been granted by the Zoning Hearing Board.
G.
The proposed use is suitable in terms of topography and soils condition based on the number and frequency of projected users.
H.
The proposed use complies with applicable standards for water supply, sanitary sewage disposal, storm water management, prevention of erosion and sedimentation and toxic waste storage and disposal.
§ 27-1607 Notification.
[Ord. 1-1953, 2/9/1953; as added by Ord. 386, 11/4/1998; and as amended by Ord. 436, 8/7/2007, § 1]
The Board of Commissioners, after a public hearing on a conditional use application, shall make a decision and notify the applicant in writing of the decision and the reasons therefore, in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
§ 27-1608 Establishing Certain Location for Facilities.
[Ord. 1-1953, 2/9/1953; as added by Ord. 388, 11/4/1998]
1.
Purpose. It is the desire of the Township by this section to protect and maintain the health, safety, and general welfare of its citizens and to preserve the property values and characteristics of surrounding neighborhoods.
3.
Definition. A drug or alcohol treatment facility is any business, entity or other facility that exclusively or primarily provides treatment of alcohol and/or drug abuse or addiction. This includes medical, psychiatric, or psychological treatment and/or individual or group counseling, either on an in-patient or out-patient basis. This includes facilities operated by for profit businesses, not for profit entities, including taxable or tax exempt entities, private businesses, corporations, partnerships, unincorporated associations or individuals and government agencies.
4.
A drug or alcohol treatment facility is a conditional use in the Commercial Industrial District and an application for such conditional use shall be as prescribed in §§ 27-1601 through 27-1607 of this Part. An application for a permit for a drug or alcohol treatment facility may be made only after the Board of Commissioners has approved the drug or alcohol treatment facility as a conditional use.
§ 27-1609 Adult Entertainment Establishments.
[Ord. 1-1953, 2/9/1953; as added by Ord. 387, 11/4/1998, §§ 1 — 7; as amended by Ord. 393, 9/20/1999, §§ I — III]
1.
Purpose. It is the intent of this section to minimize and control the effects of adult entertain establishments upon the quality of life of the neighborhood in which such establishment may be located. It is the desire of the Township to protect and maintain the health, safety, and general welfare of its citizens and to preserve the property values and characteristics of surrounding neighborhoods.
2.
No adult entertainment establishment shall be located outside the Commercial and Industrial District, in which such uses are a conditional use, subject to the requirements of Part 16 of this chapter. The following businesses are included in the "adult entertainment establishment" classification:
3. ADULT ARCADE ADULT BOOKSTORE OR VIDEO STOREA. (1) (2) B. ADULT CABARETA. B. C. ADULT MOTELA. B. ADULT MOTION PICTURE THEATER ADULT THEATER ESCORT ESCORT AGENCY MASSAGE ESTABLISHMENT NUDE MODEL STUDIO NUDE/NUDITY/STATE OF NUDITY PERMITTED/LICENSEE PERSON SEMI-NUDE SEXUAL ENCOUNTER CENTER SEXUALLY-ORIENTED BUSINESS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIESA. B. C. D. E. STRIP TEASE SUBSTANTIAL ENLARGEMENT
Definitions. The specific terms used for the purpose of this section are defined as follows:
Any place to which the public is permitted, or invited, wherein coin-operated as slug-operated; or electronically or mechanically-controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
Any commercial establishment which, as its principal business purposes, offers for sale or rental, for any form of consideration, any one, or more, of the following:
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas."
Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
Any commercial establishment which has other principal business purposes, in addition to those in subparagraph (1) or (2) above shall not be exempt from this section an shall be categorized as an adult bookstore or adult video store.
A restaurant, nightclub, bar or similar commercial or non-commercial establishment, private or social club, whether owned and/or operated by an individual, partnership, corporation or other entity, whether or not an admission fee, membership fee or similar fee of any kind is charged to patrons or, whether or not licensed to sell and/or serve alcoholic beverages and which if not licensed to sell and or serve alcoholic beverages, allows or permits patrons to bring alcoholic beverages into the establishment or which provides alcoholic beverages to patrons with or without charge; which regularly features:
Performers, employees, independent contractors or other persons who at any time appear nude or semi-nude.
Live performances which are characterized by the exposure of or exhibition of "specified anatomical areas" or by "specified sexual activities."
Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," which if not licensed to sell and or serve alcoholic beverages, allows or permits patrons to bring alcoholic beverages into the establishment or which provides alcoholic beverages to patrons with or without charge.
Any hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons which closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions.
Offers sleeping rooms for rent, four or more times in one calendar year, during five or more calendar days in any continuous thirty-day period.
Any commercial establishment where for any form of consideration, films, motion pictures, video cassettes or other photographic reproductions are shown on a regular continuing basis, which are rated "X" by the Motion Picture Association of America, or its successors, or which are advertised as "X", "XX", or "XXX", or which are predominately characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Any commercial establishment where for any form of consideration, films, motion pictures, video cassettes or other photographic reproductions are shown on a regular continuing basis, which are rated "R" or "NC-17" by the Motion Picture Association of America, or its successors, shall not be defined as an adult motion picture theater.
Any theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
A person who, for consideration, agrees or offers to, act as a companion, guide or date for another person, who agrees or offers, to privately model lingerie or to privately perform a "strip tease" for another person.
Any person or business association, who furnishes offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. Any person, partnership, corporation or agency that furnishes adult or child day care as its principal business, shall not be defined as an escort agency.
Any establishment or business which provides the services of massage and/or body manipulation, including exercise, heat, light treatment, water treatment of the body and all forms and methods of physiotherapy unless operated or supervised by a medical practitioner, including a medical doctor, doctor of osteopathy, chiropractor or a physical therapist licensed by the Commonwealth of Pennsylvania.
Any place where a person who appears in a state of nudity, or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
The appearance of a bare human buttock, anus, male genitals, female genitals, or female breast.
A person in whose name a permit and/or license to operate an adult entertainment establishment, has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
An individual proprietorship, partnership, corporation, association or other legal entity.
A state of dress in which clothing covers no more than the genitals of male performers or no more than the genitals, pubic region and areola of female performers, as well as portions of the body covered by supporting straps and devices.
Any business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
Any adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage establishment, nude model studio, or sexual encounter center.
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.
Actual or simulated sexual intercourse, oral copulation, anal intercourse, sodomy or other sexual acts.
Masturbation, actual or simulated.
Human excretion, urination, menstruation, vaginal anal irrigation as part of, or in connection with any of the activities set forth in subparagraphs A through E above.
The act of removing ones clothing in front of an audience, or a person, usually item by item.
Any increase of the floor area occupied by an adult entertainment establishment, or more than 25% as the floor area existing on the date of enactment of this section.
4.
Permits Required.
A.
No person may operate an adult entertainment establishment without a valid license issued by the Township of Baldwin. Individuals, partnerships, corporations or others who intend to operate an adult business shall obtain a license to operate from the Township and shall pay a $1,000 fee to the Township for review and investigation of the application to operate an adult business. This fee shall be used to pay fees or expenses the Township incurs in review and investigation of the application. The applicant or applicants shall provide detailed information regarding ownership and financing of the proposed adult business.
Applications shall be submitted to the Township Secretary. Applications shall be on a form as prepared or approved by the Township Secretary and shall include names and addresses of all applicants and all who have any legal or equitable interest in the proposed adult business, shall identify all mortgage holders or other lenders, shall identify any other adult businesses owned or operated by the applicant or applicants or other parties with a legal or equitable interest in the proposed adult business and shall include such other information as the Township Secretary shall require for review and investigation of the application. A license to operate an adult business when issued shall be valid through December 31 of the year in which initially issued. For each year thereafter that the business intends to continue, the owner or operator shall make application for a renewal of the license by November 1 of the year preceding the year for which the license is sought. The lack of a license or the failure to renew such license in a timely manner shall result in the denial of an occupancy permit or the revocation of an occupancy permit previously issued for an adult business. A license to operate an adult business must be obtained before an application for an occupancy permit may be submitted. This license is not transferable nor assignable and expires upon sale of, sale of a controlling interest or a sale of the assets of an adult business. The license to operate an adult business expires upon the failure of the adult business to file and pay any taxes levied by the Township. Any occupancy permit issued for an adult business expires upon the failure of the adult business to pay any taxes levied by the Township.
B.
An application for an occupancy permit to operate an adult entertainment establishment must be made to the Township as provided for in this section in addition to any other permits required by this section or any other Ordinances of the Township."
5.
Location Requirements.
A.
No adult entertainment establishment shall be located outside the Commercial and Industrial District, in which such uses are a conditional use.
B.
No adult entertainment establishment shall be located within 400 feet of a school bus stop.
D.
No adult entertainment establishment shall be located within 1,000 feet of another adult entertainment establishment.
E.
The distance between any two adult entertainment establishments shall be measured in a straight line, regardless of intervening structures. The distance between and adult entertainment establishment and a use identified in Paragraph C above shall be measured in a straight line from the closest point on the exterior parcel line of the use to the closest exterior lot line of the adult entertainment establishment.
6.
Visibility from Street. No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock in trade which depicts, describes or related to "specified sexual activities" and/or "specified anatomical areas," as defined herein, to be viewed from the street, sidewalk or highway.
7.
Signage. No person shall place, or cause to be placed, or maintained in such a location as can be viewed by persons on any public street, any sign or signs, photographic, pictorial or other graphic representation, that depict, in whole or in part, any "specified sexual that depict, in whole or in part, any "specified sexual activity" and/or "specified anatomical area."
8.
If any word, phrase, clause, sentence, paragraph or section of this section shall be invalidated for any reason by any Court, the balance of this section shall remain in full force and effect, it being the intent of the Board of Commissioners that this section would have been enacted without the word, phrase, clause, sentence, paragraph or section of this section found to invalid by the Court.