The basic regulations governing the use et land, the size of lots, yards and buildings within each zoning district are established in this Chapter. For certain specific uses or exceptional situations, these basic regulations are supplemented by Part 4 and by other provisions of this Chapter.

      A.   Regulations Governing the Use of Land. Regulations governing the use of land within the various zoning districts shall be as set forth in Schedule 27-I.

      B.   Regulations Governing the Size of Lots, Yards and Buildings. Lot, yard and building regulations for the various zoning districts shall be as set forth in Schedule 27-II.

(Ord. 244A, 3/3/1975, Art. V, §5.100)

   1.   Principal Permitted Uses. Uses listed as “principal permitted uses” in Schedule 27-I shall require no special action by the Zoning Hearing Board or by the Planning Commission before a zoning permit is granted by the Zoning Officer.

   2.   Special Exceptions.

      A.   Uses listed as “special uses” in Schedule 27-I shall require individual consideration in each case because of their unique characteristics. Such “special exceptions” may be permitted only upon authorization by the Zoning Hearing Board, subject to certain conditions and safeguards, and after review by the Planning Commission.

      B.   A special exception shall not cause substantial injury to the value of other property where it is to be located; shall conform with regulations applicable with adjoining development; shall provide adequate landscaping and screening; and shall provide off-street parking and loading so as to minimize interference with traffic on the local streets and shall not jeopardize the public health, safety, welfare and convenience.

   Ten “land use classifications” are hereby established as shown on Schedule 27-I. The specific uses included in each land use classification are outlined below:

   A.   Principal Permitted Uses–Land Use Classifications 1 through 7.

      (1)   Land Use Classification 1. Single-family detached dwellings.

      (2)   Land Use Classification 2. Two-family dwellings, including duplex buildings and semi-attached single-family dwellings.

      (3)   Land Use Classification 3. Central commercial, including retail and service establishments, such as department stores, variety and speciality shops, banks and other financial institutions, hotels and motels, business and professional offices, medical centers, furniture and appliance stores, liquor stores, drug, grocery and hardware stores, supermarkets, soda fountains, barber and beauty shops, shoe repair, dry cleaning and laundry establishments, rooming houses, nursing homes, funeral parlors, automobile service stations, automobile sales and service, commercial and public parking lots, railway and bus terminals, telegraph and express offices, commercial schools, commercial recreation and entertainment establishments, such as theaters, restaurants, taverns, bowling alleys, social halls, clubs and lodges. Also includes delivery and distribution centers, wholesale business and warehousing.

      (4)   Land Use Classification 4. Highway commercial, including tourist retail and service establishments such as hotels, conference complex motels, automobile service stations, recreational equipment sales, commercial and public parking lots, bus terminals, recreational and entertainment establishments, such as theaters, restaurants, bowling alleys, and social halls. Also, includes delivery and distribution centers, wholesale and warehousing.

      (5)   Land Use Classification 5. Light industrial. It is the purpose of this land use classification to provide an area of the Borough for the exclusive use of non-noxious industries which can meet strict performance standards.

      Light industrial including, manufacturing of light machinery; fabrication of metal products such as bicycles, metal furniture, musical instruments, sheet metal products; fabrication of paper products, such as book binding, boxes, office supplies, toys; fabrication of wood products, boats, boxes, cabinets and wood working, furniture, toys, storage yard for lumber and building materials; food and associated industries, such as bakeries, bottling of food processing, and ice cream manufacturing; office buildings for executive or administrative purposes; wholesale storage warehousing; laboratories, such as biological, chemical, dental, pharmaceutical and general research; other industries, such as plastic products, electronic products, farm machinery, glass products manufacturing; permitted business uses include professional and commercial office and business service establishments.

      In addition to the above, any industry not inconsistent with the above, and meeting the performance requirements listed herein may be conducted in this zone. All others are specifically excluded. The performance requirements are as follows:

         (a)   Dissemination of smoke, dust, odors, fumes, and other noxious gases shall be within the limits of the industrial tolerance standards of the Commonwealth.

         (b)   Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant in accordance with the plant's regulations.

         (c)   Precaution against fire hazards, radiation, explosion, proper handling and storage of materials and structural design and safeguards for the health and welfare of workers in compliance with the Commonwealth's statutes and requirements.

         (d)   No vibration or glare shall be evident at any point more than 100 feet from the source of said vibration or light.

      (6)   Land Use Classification 6.

         (a)   Heavy industrial includes the manufacture, assembly or packing of products from previously prepared materials, not objectionable or injurious due to smoke, noise, odors, glare, or dust or hazardous materials, including those made from cloth, plastic, paper, leather, wood, metal, precious or semiprecious stones, synthetic materials.

         (b)   Any of the uses listed in this use classification referred to in the above paragraph which are not conducted within a completely enclosed building, except for off   -street parking and loading facilities, shall be located not less than 100 feet from any residential district.

         (c)   The manufacture or assembly of products from raw materials including bulk storage of petroleum, grain and similar products, metal fabrication (including foundries, forges, machine shops), gas manufacture and storage, the production of fish and meat products (excluding stockyards and slaughter houses), brick, pottery, stone and monument works, concrete and asphalt paving material preparation plants, paint manufacturing and railroad yards and repair shops. No uses described in this subparagraph shall be less than 150 feet from any residential district. [Ord. 284]

      (7)   Land Use Classification 7. Customary accessory uses and essential services. Accessory uses which are customarily subordinate to the principal use of a building located on the same lot, which serves a purpose customarily incident to the use of the principal building shall be permitted in each district. Such uses include home occupations, home gardening but not the raising of livestock or poultry, nonprofit nurseries and greenhouses (not including outdoor storage of equipment) and professional offices of persons residing on the premises, private garages or parking areas, sign, off-street parking and loading, temporary tract offices, and buildings and other uses customarily appurtenant to the principal permitted uses.

   Essential services for public utilities that do not require enclosure in a building including the construction or maintenance, by public utilities or governmental agencies, of gas, electrical, steam, telephone, or water distribution systems; including 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 zoning district in which they are proposed.

   B.   Special Exceptions Use Classes 8 Through 10.

      (1)   Use Classification 8. Multi-family dwellings, mobile homes and conversions, including row houses, garden apartments, midrise apartments and multiplex apartments, and the conversion of existing residential dwellings to a greater number of units. [Ord. 430]

      (2)   Use Classification 9.   Social halls, clubs and lodges, including nonprofit social halls, clubs and lodges.

      (3)   Use Classification 10. Public Use Zone S-1, including public and quasi- public uses of a welfare, educational, religious, recreational and cultural nature, and dormitories and religious homes accessory to such uses; and essential public utilities that require enclosure within a building or structure; and communications and forest products including forest and agricultural products, radio and television transmission or receiving towers and facilities and cemeteries and mausoleums. All such uses shall be appropriate to the character of the district in which they are proposed as determined by the Zoning Hearing Board.

(Ord. 244A, 3/3/1975, Art. V, § 5.300; as amended by Ord. 270, 6/2/1980; by Ord. 284, 4/5/1982; and by Ord. 430, 4/16/2012, §2)

   1.   Special exceptions enumerated in §27-503.B and Schedule 27-I shall require individual consideration in each case and may be permitted only upon authorization by the Zoning Hearing Board and after review by the Planning Commission. Such special exceptions shall comply with the provisions of this Section and may be permitted by the Board subject to additional conditions and safeguards which may be warranted by the character of the area in which such uses are proposed or by other special factors.

   2.   The following regulations shall apply to special exceptions (Use Classifications 8 through 10) which are authorized by the Zoning Hearing Board.

      A.   Multifamily Dwellings and Conversion–(Land Use Classification 8).

         (1)   All multifamily dwellings permitted by the Zoning Hearing Board as a special exception in R-1 and R-2 Districts shall be served with public water and sewer facilities, shall have at least two off street parking spaces per dwelling unit, and shall comply with the minimum requirements in Schedule 27-II.

         (2)   Conversion of existing dwelling structures into two-family or multifamily uses may be permitted by the Board as a special exception in the R-1 and R-2 Districts. Such uses shall have at least one off-street parking space per dwelling unit, each unit shall have adequate light, air, heating, and plumbing facilities. All such uses shall comply with the requirements of Schedule 27-II.

         (3)   Every dwelling unit shall have two means of egress in case of fire. Ingress and egress shall not be permitted through another dwelling unit.

         (4)   Each dwelling unit shall not have less than 750 square feet of habitable floor area except efficiency units intended for occupancy by not more than two persons shall have at least 450 square feet of habitable floor area. [Ord. 270]

      B.   Social Halls, Clubs and Lodges–(Land Use Classification 9). Nonprofit social halls, clubs and lodges permitted by the Board as a special use within the R-2 District shall comply with the following:

         (1)   There shall be no external evidence of any gainful activity. Access to any space used for gainful activity shall be from within the building.

         (2)   Any such use shall have sufficient parking to serve the anticipated number of users and employees, and shall have suitable street access.

         (3)   All such buildings shall be located at least 30 feet from all lot lines and shall have a minimum lot size 20,000 square feet, and shall not exceed 2½ stories or 35 feet in height.

      C.   Appropriate Public Uses–(Land Use Classification 10). Any appropriate public use permitted by the Zoning Hearing Board in any district shall comply with the following lot, yard and building requirements in Schedule 27-II.

(Ord. 244A, 3/3/1975, Art. V, §5.400; as amended by Ord. 270, 6/2/1980)

   A use may be added to the land use classification by the Borough Council after review by the Planning Commission; provided, that:

      A.   It is not listed in any other use classification.

      B.   The land use classification proposed is the most appropriate for the use to be added.

      C.   No general nuisance is created.

      D.   It shall not adversely affect the character of any district in which it is to be permitted.

      E.   It shall not create more traffic than any other use listed in the land use classification.

(Ord. 244A, 3/3/1975, Art. V, §5.500; as amended by Ord. 270, 6/2/1980)

   1.   Adult entertainment facilities require the passage of a special exception by the Zoning Hearing Board. A special exception shall not be granted by the Zoning Hearing Board unless and until all the following conditions have been met:

      A.   Adult entertainment facilities shall be permitted only in the I Industrial District.

      B.   Adult entertainment facilities shall not be permitted to be located within 1,000 feet of other adult entertainment facilities or of any public or private school, child daycare center, nursery school, public recreation facility or any church or other house of worship.

      C.   No materials, merchandise, film, videotapes or any other item offered for sale, rent, lease, loan or view upon the premises, or advertising same, shall be exhibited, displayed or visible outside of the building or structure.

      D.   Any building or structure used or occupied as an adult entertainment facility shall be windowless or have an opaque covering over all windows or doors or any area in which materials, merchandise film or personnel could otherwise be visible from outside the building or structure.

      E.   No sign shall be erected or placed upon the premises depicting or giving a visual representation of the type of materials, merchandise film, videotape or entertainment offered therein.

      F.   Each entrance to the premises shall be posted with a notice of at least 4 square feet specifying that the structure is an adult entertainment facility, that persons under the age of 18 years are not permitted to enter therein and warning all other persons that the building contains sexually explicit material.

      G.   The applicant must provide a sketch or diagram showing the floor plan of the premises, including the total floor space and the location of the building on the lot.

      H.   The adult entertainment facility shall comply with all other Borough ordinances or Federal, State or County requirements.

   2.   Once a special exception has been granted by the Zoning Hearing Board, applicant shall apply to the Zoning Officer for a permit.

      A.   Any person who operates an adult entertainment facility without a valid permit issued by the Borough is in violation of the Chapter.

      B.   The application shall be on a form provided by the Zoning Officer and shall be accompanied by a sketch or diagram as required subsection .1.G, above.         

      C. The applicant shall provide the same information to the Zoning officer as required in subsection .1, above.

   3.   Issuance of Permit. The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of application which complies with subsection .2, above, unless he/she finds one or more of the following:

      A.   An applicant is under the age of 18 years of age.

      B.   An applicant or his/her spouse is overdue in their payment to the Borough of taxes, fees, fines or penalties assessed against him/her in relation to adult entertainment facilities or the property on which it is or is to be located.

      C.   An applicant has failed to provide information reasonably necessary for the issuance of the permit or has falsely answered a question or request for information on the application form.

      D.   An applicant is residing with or married to a person who has been denied a permit by the Borough to operate an adult entertainment facility within the preceding 12 months or is residing with a person whose license to operate an adult entertainment facility has been revoked within the preceding 12 months.

      E.   The premises to be used for the adult entertainment facility are not in compliance with this Chapter or any other ordinance of the Borough.

      F.   The permit fee required by this Chapter has not been paid.

      G.   An applicant of the proposed establishment is in violation of, or is not in compliance with, any of the provisions of this Chapter.

      H.   An individual applicant or any individual holding a direct or indirect interest of more than 10 percent, or a corporate applicant or any of the partners, including limited partners of a partnership or the manager or other person in charge of the operation of the business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of if Pennsylvania, within 2 years of the date of the application in the event of a misdemeanor, and within 5 years of the date of an application in the event of a felon.

      I.   The proposed activities violate any Federal or State law regarding sexual conduct, sexually explicit nudity, obscenity or pornography.

      J.   If the Zoning Officer or Codes Enforcement Officer denies a license or denies the renewal of a license, the applicant shall not be issued a permit for 1 year from the date of denial, except that the applicant can re-apply after he/she has corrected or cured the defects which caused denial.

   4.   A permit, if granted, shall state on its face, the name of the person or persons to whom it is granted, the expiration date and the address of the adult entertainment facility.   The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment facility so that it may easily be read at any time.

   5.   Each permit shall be for a period of 1 year, shall be renewable on an annual basis, shall be renewable only upon application by thee applicant and must at the time of application comply with all of the conditions of this Section.

   6.   The applicant shall pay an annual fee for the adult entertainment facility in the amount of $250 an amount as established from time to time by resolution of Borough Council. [A.O.]

   7.   Inspection An applicant or permittee shall permit representatives of the Borough, including the Zoning Officer, Codes Enforcement Officer or other designated Borough officials and members representative of the Police Department serving the Borough, to inspect the premises of an adult entertainment facility for the purpose of ensuring compliance with this Chapter and the law, at any time that the adult entertainment facility is occupied and open for business. A failure or refusal to permit such inspection shall be the basis for revocation or suspension of the permit and shall constitute a violation of this Chapter.

   8.   Suspension or Revocation of Permit.

      A.   The Zoning Officer shall suspend a permit for a period not exceeding 30 days if he/she determines that a permittee or employee of a permittee has:

         (1)   Violated or is not in compliance with any Section of this Chapter.

         (2)   Engaged in excessive use of alcoholic beverages while on the adult entertainment facility's premises.

         (3)   Refused to allow an inspection of the adult entertainment facility premises as permitted by this Section.

         (4)   Knowingly permitted gambling by any person on the adult entertainment facility premises.

      B.   Revocation of Permits. The Zoning Officer shall revoke a permit if he/she determines that a permittee, or an employee of a permittee, has:

         (1)   Been arrested for or charged with violating any law of the Commonwealth of Pennsylvania relating to sexual conduct, sexually explicit nudity, obscene material or pornography, or the Liquor Code, 47 P.S. §1-101 et seq., or the Pennsylvania Crimes Code, 18 Pa.C.S.A §101 et seq., relating to gambling on the premises of the adult entertainment facility.

         (2)   Such revocation shall be rescinded and the permit shall be reinstated in the event that the permittee or employee of a permittee is adjudicated or adjudged not guilty of such offense or is placed in the accelerated rehabilitative disposition program.

         (3)   A permit shall be revoked if a cause for suspension occurs and the permit has been suspended or revoked within the preceding 12 months.

         (4) An applicant has provided false or misleading information or incomplete information in the permitting process as set forth in subparagraphs (1), (2) and (3) this paragraph.

         (5)   A revocation shall continue for 1 year and the permittee shall not be issued an adult entertainment facility permit for 1 year from the date revocation became effective, except in the case of a revocation for conviction of a misdemeanor as described in subsection .3.H, in which case the revocation shall be effective for 2 years or a felony, as set out in subsection .3.H, in which case the revocation shall be for 5 years.

   9.   Remedies. In addition to remedies for violation of this Chapter, a person who operates or causes to be operated an adult entertainment facility without a valid permit or in violation of this Chapter may be subject to an action in equity, or a suit for injunction or such other actions as shall be permitted by law, at the discretion of the Borough.

(Ord. 244A, 3/3/1975, Art. V; as added by Ord. 377, 10/12/1998, §3; and as amended by A.O.)