Collingdale City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 610-27 All districts.
The following supplementary regulations shall apply to all districts.
A.
Public service corporations. This chapter shall apply to any existing or proposed building use or extension thereof used or to be used by public service corporations unless, upon petition of the corporation, the Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public and the provisions of this chapter are unduly restrictive.
B.
Rear dwelling. No building to the rear of and on the same lot with a main building shall be erected or used for residence purposes.
C.
Visibility at intersections. No structure, wall, fence, shrubbery or trees shall be erected, maintained or planted on any lot which unreasonably or dangerously obstructs or interferes with visibility of drivers of vehicles on a curve or at any street intersection. The minimum vision clearance shall require height not exceeding 2 1/2 feet above the street grade within 25 feet of the intersecting street lines bordering corner lots.
D.
Prohibited uses. Any other provisions of this chapter notwithstanding, and except as provided hereinafter, the following uses shall be prohibited in all districts:
(1)
Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other font of air pollution; or by reason of the deposit, discharge or dispersal of liquid or solid wastes, in any form, in a manner or amount so as to cause permanent damage to the soil or any stream or to adversely affect the surrounding area; or by reason of the creation of noise, vibration, electromagnetic or other disturbance perceptible beyond the boundaries of the lot on which it is situated; or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard, or which can cause injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or the general welfare.
§ 610-28 Residence districts.
The following supplementary regulations shall apply to all residence districts:
A.
Through lots. On a through lot, front yard requirements shall apply to both street frontages.
B.
Courts. The minimum dimension of an inner court shall not be less than nine inches for every 12 inches of height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 12 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of the said wall and the highest point of the roof. The minimum dimensions of an outer court shall be 20 feet, and its depth shall not exceed its width.
C.
Conversion into two- and three-family dwellings. The Zoning Hearing Board may authorize as a special exception the conversion of any building in an "A" District into a dwelling for not more than three families, provided that all other requirements of the "A" District are met and that parking is provided in accordance with § 610-30, and provided, further, that the yard and building area requirements for the district are not reduced thereby. In authorizing such exceptions, the Zoning Hearing Board may prescribe such further conditions with respect to the conversion and use of such buildings as it deems appropriate.
§ 610-29 Nonresidential districts.
The following supplementary regulations shall apply to all nonresidential districts:
A.
Access. Whenever feasible, access to lots having frontage on more than one street shall be from a nonresidential street.
B.
Manufacturing. All manufacturing and processing shall be conducted within the interior of a building.
§ 610-30 Parking and loading regulations.
Off-street parking and loading shall be provided in accordance with this section for any building or use hereafter erected, enlarged or increased. The number of parking and loading spaces required shall be based on construction or development activity after the effective date of this chapter. Parking and loading space shall be maintained and shall not be encroached upon so long as said principal building or use remains, unless an equivalent number of such spaces is provided elsewhere in conformance with this chapter.
A.
General. The requirement for off-street parking space and off-street loading space shall be a continuing obligation of the owner of the property on which any such structure or use is located as long as the structure or use is in existence and its use requiring vehicular parking facilities continues, unless a change in use also changes the parking requirements. It shall be unlawful for an owner of any structure or use affected by this section to discontinue, change or dispense with or to cause the discontinuance of any vehicle parking or loading space. It shall be unlawful for any firm or corporation to occupy a structure without providing parking and loading spaces which meet the requirements of and are in compliance with this chapter.
B.
Collective parking. Nothing in this section shall be construed to prevent provision of common off-street parking facilities for two or more structures or uses, provided that the total of such off-street parking spaces supplied collectively shall be not less than the sum of the requirements for the various uses computed separately.
C.
Location of parking. The parking spaces required for all residential dwellings shall be located on the same lot as the dwelling, and the parking spaces required for other uses shall be located on the same lot as the principal use or on a lot which is contiguous.
(1)
When required parking spaces are provided on land other than the lot occupied by the principal use for which they are required, the land occupied by such spaces must be in the same possession as such principal use.
(2)
In residential and business districts, such space shall not occupy any part of any required front yard or any part of any required usable open space as set forth in this chapter. Any driveway shall be a minimum of 10 feet in width and shall extend no less than 20 feet beyond the front yard setback.
D.
Size and number of spaces.
(1)
An off-street parking space, as used herein, shall be a space of not less than 162 square feet and nine feet in width. An off-street loading space, as used herein, shall be a space of not less than 12 feet in width, 40 feet in length and 14 feet in height.
(2)
Off-street parking spaces shall be provided for all new uses or buildings hereafter constructed, reconstructed or enlarged in accordance with the following schedule of requirements:
Use | Spaces Required | |
|---|---|---|
One-family dwellings | 2 | |
Two-family dwellings | 3 | |
Multiple-family dwellings | 1.5 per dwelling unit | |
Places of assembly, including but not limited to churches, auditoriums, theaters and stadiums | 1 for each 4 fixed seats or equivalent gross floor area | |
Food and beverage establishments, including but not limited to restaurants, taverns, bars, luncheonettes, soda fountains, clubs (public and private), fraternal organizations and lodges | 1 for each 4 seats | |
Hotels, motels and boardinghouses, lodging and rooming houses | 1 for each rooming unit, plus required parking for facilities used for eating, drinking, assembly and other such uses | |
Automotive services, including but not limited to gas stations, auto dealers, auto accessories, auto repair, auto body and paint shops, muffler installation, tire shops, engine and transmission overhaul shops and car wash | 1 for each 250 square feet of gross floor area or 3 per bay, lift or equivalent, whichever is greater. An attendant-operated or a self-service car wash shall have at least 6 stacking positions for each bay between the street line and such bay for approaching and at least 2 stacking positions for cars leaving said bays | |
Open or outdoor businesses, including but not limited to those which sell trailers, mobile homes, building supplies, machinery, equipment, swimming pools, nursery and garden supplies | 1 for each 1,000 square feet of lot area | |
Appliance, carpet, furniture, electrical, heating and plumbing retail sales | 1 for each 500 square feet of gross floor area | |
Other retail sales and service establishments | 1 for each 250 square feet of floor area | |
General business and professional offices and financial institutions | 1 for each 250 square feet of gross floor area or 2 for each office or tenant, whichever is greater. | |
A drive-in bank window shall have at least 10 stacking positions between the street line and cars approaching and at least 1 waiting position for cars leaving said window | ||
General hospital, convalescent, nursing or rest home | 1 per 4 patient beds plus 1 per employee during the maximum work shift | |
Wholesale and distribution, warehousing and storage, truck terminals and other enclosed storage uses | 1 for each 1,000 square feet of gross floor area or 1 for each 2 employees on the maximum work shift, whichever is greater | |
Manufacturing and industrial establishments | 1 for each 750 square feet of gross floor area or 1 for each 2 employees on the maximum work shift, whichever is greater |
E.
Number of loading spaces. Every hospital, institution, hotel, retail store, office building, wholesale house, warehouse or industrial building, or additions thereto, totaling 8,000 square feet or more in floor area, hereafter constructed, reconstructed or enlarged shall have on the lot one permanently maintained loading space and one additional loading space for each additional 16,000 square feet of floor area or major portion thereof excluding basements.
F.
Space computations. When units of measurement determining the number of required parking and/or loading spaces result in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded, and fractions over 1/2 shall require one additional space.
G.
Design requirements. The general layout and traffic circulation of parking and loading areas shall be designed so as to avoid unsafe conditions and traffic congestion in the streets upon which the area has access and to provide for the safety and adequacy of access for vehicles and pedestrians using the area.
(1)
All parking spaces shall be served by an aisle not less than 20 feet in width.
(2)
Any enclosed loading space shall be located at least 30 feet from any street line and any open loading space shall be so designed that trucks when loading or unloading will not project over any street line.
(3)
Individual parking and loading spaces, maneuvering areas, entrances and exits shall be suitably identified with lines and arrows, as deemed necessary by the Building Official.
(4)
No access drive, aisle or maneuvering area shall have a turning radius of less than 20 feet.
(5)
Where vehicles will be located adjacent to sidewalks, fences, walls, required buffer strips, trees, landscaping or similar constructions, a suitable bumper or curb shall be provided in such a location that the vehicle cannot overhang or otherwise damage said obstruction.
(6)
Off-street parking and loading areas shall be surfaced with an asphaltic, bituminous, cement or other properly bound pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulation within the area.
(7)
Any lighting used to illuminate any off-street parking or loading area shall be shielded and so arranged as to reflect the light away from adjoining premises and public rights-of-way.
(8)
Any portion of a parking area not used for parking space or circulation shall be appropriately landscaped and protected.
(9)
All parking areas with more than five spaces and all loading areas shall be bordered on all sides that are contiguous to or across the street from the boundary of any property within any residence district with a five-foot-wide buffer strip, on which shall be located and maintained appropriate fencing and landscaping of suitable type, density and height to effectively screen the parking area and the lights of motor vehicles from adjoining residential areas.
H.
Access drives. No driveway or access road to or from any property shall be so located at its juncture with a street as to create a danger or menace to the community or to the convenience or proper use of the adjoining property. No driveway shall provide access to a lot located in another zoning district if said lot is used for any use, principal or accessory, not permitted in the district in which such driveway is located.
(1)
No driveway shall be located closer than 25 feet to any street intersection measured along the street lines. In any nonresidential district, no two driveways on the same lot shall be located closer than 25 feet to each other at their closest limits.
(2)
No lot having less than 200 feet of street frontage shall have more than two driveway entrances and/or exits on each street abutting the lot. Lots with more than 200 feet of street frontage may have up to one driveway entrance and/or exit for each 100 feet of additional street frontage.
§ 610-31 Sign requirements.
[Amended 9-8-2015 by Ord. No. 704]
The purpose of this section is to provide for and to regulate the types, dimensions and other features of signs in Collingdale Borough, to recognize the commercial communication needs of the business community, to protect the public from damage or injury attributable to distractions and obstructions from improperly designed or located signs, to safeguard property values, and to assure that signs are consistent and harmonious in relation to the scale, appearance and character of buildings and areas where they are located.
A.
General provisions.
(1)
Any sign hereafter erected shall conform to the provisions of this section and any other ordinance or regulations of the Borough relating thereto. Any sign not specifically authorized by the provisions of this section shall not be erected in the Borough.
(2)
It shall be unlawful for any person, firm or corporation to erect, alter, rebuild, enlarge, extend or relocate signs listed in Subsection F without first obtaining a permit from the Borough, except for those signs listed in Subsection E.
(3)
Application for such permits shall be made in writing to the Borough in accordance with Subsection J.
(4)
The Code Enforcement Officer is hereby authorized to revoke any permit issued by the Borough upon failure of the holder thereof to comply with any provision of this section.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADVERTISING CLOTH SIGN
A sign that has its letters or design applied to cloth, canvas or other flexible material that is durable and weather-resistant.
AWNING (OR CANOPY) SIGN
A sign that is mounted or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
BILLBOARDS
A sign which directs attention to a business or service conducted or offered at a location other than the premises in which the sign is located.
BOROUGH
All districts within Collingdale Borough, Delaware County, Pennsylvania.
CEO
Code Enforcement Officer of the Borough.
CHANGEABLE COPY SIGN
A sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this section. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time-and-temperature sign" and not a changeable copy sign for purposes of this section.
CURB (OR SIDEWALK) SIGN
A movable sign that is not secured or attached permanently to the ground.
DIGITAL SIGN
A sign in which content and messages are displayed on an electronic screen, and which can be changed without modification to the physical sign, typically with the goal of delivering targeted messages to specific locations at specific times.
DIRECTIONAL SIGN
A sign limited to directional messages principally for pedestrians or vehicular traffic, such as "entry," "exit," "one way," or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
FREESTANDING SIGN
A detached sign, which shall include any sign placed upon or in the ground, supported by a post, stake, etc., and not attached to any building.
GROUND SIGN
A freestanding sign other than a sign supported by a post or pylon placed upon or supported by the ground independent of any other structure.
IDENTIFICATION SIGN
A sign giving the nature, logo, trademark or other identifying symbol, address or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
ILLUMINATED SIGN
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
INCIDENTAL SIGN
A sign, generally informational, that has a purpose secondary to the use of the property on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which a sign is located shall be considered "incidental."
MARQUEE SIGN
A permanent, roof-like structure, supported by a wall of a building but having no relationship to the roof structure, generally designed and constructed for protection against weather.
MENU SIGN
A sign that depicts the menu of food and/or drink for sale at an eating or drinking establishment.
MULTIFACED SIGN
A sign with two or more display areas or sides on which messages can be displayed.
NAMEPLATE SIGN
A sign indicating only the name and/or profession and address of the person(s) residing or legally occupying the premises.
NEON SIGN
A sign that is internally lighted by lamps, bulbs, tubes, etc., that are filled with neon gas.
NONCONFORMING SIGN
Any sign which has a valid permit, was erected prior to the effective date of this article or any subsequent amendment hereto and which does not otherwise conform to the provisions of this article.
OFFICIAL/TRAFFIC SIGN
Any sign installed by a municipal or governmental agency and intended to direct or control traffic, identify streets, parks and historical structures, or provide other information deemed necessary by that official agency.
PROJECTING SIGN
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
SALES OR PRICE CHANGE SIGN
A type of temporary sign that has a high turnover, such as those advertising sales and frequent price changes. These signs are most commonly found on windows/doors of supermarkets, grocery stores and beverage distributors. In most cases, these signs are constructed of paper, cardboard or other lightweight materials.
SANDWICH BOARD (A-FRAME) SIGN
A movable sign consisting of two faces, possibly hinged at the top.
SIGN
Any object, device, display or illustration which is used to advertise, identify, display or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, numbers or symbols.
SIGN AREA
The entire face of a sign, including the advertising surface and framing, trim or molding, but not including the supporting structure.
SIGN FACE
The area or display surface used for the message.
SIGN STRUCTURE
The supports, uprights, braces and framework of the sign.
TEMPORARY SIGN
A sign that is used in connection with an event, situation or circumstance that is designed or intended to take place or be completed within 30 days after the permit for the sign was issued or that is intended to remain on the location where it is placed or erected for not more than 30 days.
TIME-AND-TEMPERATURE SIGN
A sign that electronically displays the time and temperature.
WALL SIGN
A sign posted on, suspended from, or otherwise affixed to a wall or vertical surface of a building that does not project more than 12 inches from the wall or vertical surface to which it is attached. Signs shall not be painted on any surface.
WINDOW SIGN
A sign attached or affixed to a window or door.
C.
Determination of sign size.
(1)
The size of any sign shall be determined in accordance with the provisions of this section and the following:
(a)
When a sign consists of letters, numbers and/or logos and not a lettered board, and such sign is erected on or attached to a building wall, pole or other similar surface or support, the size of such sign shall be measured by the geometric shape formed by the extreme outside edge of the largest letters, numbers or logos contained in the sign.
(b)
When a sign consists of a lettered board and such sign is erected on or attached to a building wall, pole or other similar surface or support, the size of such sign shall be determined by calculating the area of the lettered board.
(2)
Area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces, part of the same sign structure, are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are not more than 42 inches apart, the sign area shall be computed by the measurement of one of these faces.
D.
Sign restrictions and standards.
(1)
Prohibited signs. It is unlawful to erect or maintain the following signs:
(a)
Flashing, blinking, spinning, animated, inflatable, aerial or lighted moving signs, including automatic color-changing and rotating lamps and other moving objects that call attention to the sign. The use of rotating searchlights for advertising is allowed after obtaining a permit from the Borough as per Subsection J of this section.
(b)
Signs that display vulgar, indecent or obscene advertising matter.
(c)
Advertising cloth or banners or signs of any similar character suspended or hung on any property, excluding civic events.
(d)
Wall bulletins or any other signs painted directly on the facade of a building or other structure.
(e)
Curb or sidewalk signs or signs painted on, attached to or suspended from any outdoor bench, fence, chair or similar structure.
(f)
Swinging and hanging signs.
(g)
Signs pasted, tied, pulled or otherwise attached to a vehicle that refer to a business or activity unrelated to the purpose or activity for which the vehicle is used.
(h)
Signs placed, inscribed or supported upon the roofline or any structure that extends above the roofline of any building.
(i)
Signs that state or imply that the property on which they are placed is used for purposes or activities not permitted by this article.
(j)
Sales and price change signs affixed to the wall of a building.
(2)
Standards and restrictions. The following standards and restrictions shall apply to all permitted signs:
(a)
General.
[1]
No sign shall be located, arranged or placed in a position where it will cause danger to traffic or will interfere with traffic through glare; block required sight lines for streets, sidewalks or driveways; or cause confusion with a traffic control device by reason of color, location, shape or other characteristics.
[2]
Where not inconsistent with this section, all signs constructed or erected under the provisions of this section shall comply with the standards set forth in the Pennsylvania Uniform Construction Code most recently adopted by the Borough.
[3]
Except for official/traffic, directional and incidental signs, no sign shall be erected within the right-of-way lines of any public street. Nor shall any such sign be closer than six feet to the right-of-way line of a public street, unless specifically authorized by other ordinances and regulations of the Borough of Collingdale or other governmental bodies or agencies having jurisdiction or regulatory authority in the matter.
[4]
All signs must be constructed of durable materials and shall be solidly and firmly attached and/or anchored to their supports or framework.
[5]
All proposed permanent signs over four square feet in size shall be reviewed by the Planning Commission, subject to Subsection J of this section.
[6]
Every sign must be kept in good condition and repair. Any sign that becomes dilapidated or abandoned shall be removed by or at the expense of the landowner or lessee of the property on which it is located.
[7]
Where applicable, the requirements of the Pennsylvania Department of Transportation in relation to signs shall be followed.
[8]
Except for official signs, incidental signs, directional signs, or billboards, all permanent signs shall be located on the property to which the text or message applies.
[9]
Freestanding signs, canopy signs and awning signs shall have a clearance of not less than eight feet between the ground and the bottom of the sign.
[10]
Where a business ceases to operate and vacates the premises, the owner/operator must remove or cover all signs and sign structures within 90 days after ceasing business operations. However, the sign structure may remain if the owner or occupant can demonstrate that a subsequent owner or occupant will utilize the sign or sign structure.
(b)
Freestanding signs.
[1]
The bottom or lowest edge of any freestanding sign shall be no closer to the ground than eight feet. No more than two feet above the ground level can be devoted to and maintained for plantings. If such plantings are installed, they shall be maintained at the maximum height of two feet and shall be free of weeds, debris and other undesirable material.
[2]
The maximum height of freestanding signs shall be 25 feet, measured from grade level.
[3]
All single-post freestanding signs shall be made of metal, except for those used in residential districts, which may be made of pressure-treated timbers. All such posts shall be embedded in the ground at least three feet six inches, unless otherwise directed by the Code Enforcement Officer (CEO).
[4]
Freestanding signs will be permitted in residential areas only when set back a minimum distance of six feet behind the front property line, and no portion of such sign shall be less than six feet behind the front property line.
[5]
Freestanding signs in residential districts shall be illuminated only by concealed or indirect lighting.
[6]
There shall be a distance of not less than 100 feet between freestanding signs along the same road frontage.
(c)
Ground signs.
[1]
The top edge of a ground sign shall be a maximum of six feet above ground level.
[2]
Ground signs shall be supported and permanently placed by embedding, anchoring or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
[3]
The setback shall be as required for freestanding signs in Subsection D(2)(b) above.
[4]
Illumination shall be by concealed or indirect lighting.
(d)
Window signs. A maximum of 20% of the total window area may be used for permanent signs that are etched, painted or permanently affixed to the window. Neon signs in a window shall have a maximum of ten-percent coverage or eight square feet, whichever is less.
(e)
Temporary signs.
[1]
The use of any temporary sign, except for signs exempt by Subsection E, shall require a permit that shall be effective for not more than 30 days.
[2]
Temporary signs shall be placed so as not to obstruct vehicular or pedestrian traffic or create a safety hazard.
[3]
Such signs shall not obstruct access to or from any door, window, fire escape or ventilating equipment, nor be attached to any standpipe or fire escape.
[4]
Temporary signs shall be removed immediately upon expiration of the permit.
[5]
The size of these signs shall not exceed 1/3 square foot of sign area for each linear foot of building width.
[6]
Temporary commercial advertising signs shall not be attached to fences.
[7]
After expiration of a thirty-day period for the temporary sign permit, the applicant may apply for another such permit. However, not more than four such permits for a temporary sign shall be issued to the same applicant within any twelve-month period.
E.
Signs not requiring permits. The following signs are exempt from the need to secure a permit but are subject to all other applicable provisions of this section:
(1)
Public notice, warning or official/traffic sign required by a federal, state or local law, regulation or ordinance.
(2)
Any sign inside a building not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the property on which such sign is located.
(3)
Building markers that only include building name, date of construction, or historical data on a historical site, provided that there is only one per building, with a maximum area of six square feet.
(4)
Flags of the United States, the Commonwealth of Pennsylvania, foreign nations having diplomatic relations with the United States, or any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such flag does not exceed 60 square feet in area and shall be flown from a pole not more than 40 feet in height.
(5)
Decorative flags, not exceeding 12 square feet.
(6)
Incidental signs containing no commercial message of any kind, provided that such signs do not exceed eight square feet.
(7)
Temporary window signs advertising the sale or price change of goods, provided that such signs do not exceed 1/3 of total window coverage and are arranged in such a manner as not to obstruct the view of goods and business activity being conducted inside.
(8)
Signs advertising the sale or rental of the premises or lot upon which they are erected, provided that there is not more than one such sign per street frontage. Such sign shall be neither illuminated nor exceed eight square feet in residential districts and 32 square feet in nonresidential districts. All such signs shall be removed on or before the date of settlement.
(9)
Signs advertising the development of the premises where they are erected. Such signs shall not exceed 16 square feet in residential districts and 40 square feet in nonresidential districts. All such signs shall be removed on or before the date of settlement.
(10)
Nameplate signs on private residences, provided that they do not exceed 144 square inches. Only one such sign shall be permitted.
(11)
Decorations for a recognized officially designated holiday, provided that they do not create a traffic or fire hazard.
(12)
Yard sale or garage sale signs, provided that they do not exceed four square feet and are removed within 24 hours after such sales.
(13)
Signs announcing educational, charitable, civic, religious or similar campaigns or events, provided that such signs are erected for a period not to exceed 30 days nor more than four times in any calendar year for a maximum annual total of 120 days. Such signs shall not exceed eight square feet.
(14)
Changeable copy signs for churches, schools and other uses which, by their nature, require changeable copy signs, provided that only one such sign shall be permitted. However, in the case of a corner property, one additional sign is permitted on the side of the property. The size of such signs shall not exceed 16 square feet.
(15)
Directional signs.
(16)
Freestanding signs of an official nature identifying a civic event.
(17)
Signs, letters, posters and advertisements which are tacked, pasted, tied or otherwise affixed to poles, posts, buildings, fences, bus shelters or other structures located on public property or within public street lines. These signs shall be removed within seven days of the event's end.
(18)
A-frame, sandwich board, or similar temporary signs, provided that the sign size is no larger than eight square feet.
(19)
"Grand opening" signs shall be removed from the premises within 60 days of the date of the grand opening event:
(20)
Political signs, provided they are removed within 10 days after the event/election.
F.
Signs requiring permits. The following signs, as described under each zoning district or group of districts, are permitted, provided that they meet the conditions in Subsection D and a sign permit has been obtained in accordance with Subsection J of this section.
(1)
Signs in residential districts. The following types of signs and no others shall be permitted in the A and B Residential Districts:
(a)
Identification signs for apartment buildings or complexes, residential developments, churches/religious uses, and similar permitted uses other than individual dwellings, provided that:
[1]
Such signs shall be freestanding signs, ground signs or wall signs only.
[2]
Not more than one wall sign and one freestanding or ground sign shall be permitted for each frontage.
[3]
The size of freestanding, ground and wall signs shall not exceed 10 square feet.
(b)
Signs identifying nonresidential uses permitted as valid nonconforming uses, provided that they meet the same requirements as Subsection F(1)(a) above.
(c)
Illumination of signs in Subsection F(1) above shall be by external white light only.
(d)
Signs in residential districts shall be harmonious with other signage, as well as consistent with the appearance of housing types and permitted uses in each respective district.
(2)
Signs in the Business District. The following types of signs that require a permit and no others shall be permitted in the Business District:
(a)
All signs permitted in residential districts, subject to Subsection F(1) above.
(b)
Wall signs, freestanding signs, projecting signs, awning signs, canopy signs, window signs and digital signs.
(c)
The area of a wall sign shall not exceed one square foot of sign area for each foot of building width.
(d)
There shall not be more than one wall sign for each street frontage except as provided in Subsection F(2)(i) below.
(e)
On corner lots, wall signs fronting on side streets, along the long side of a building, shall not exceed 1/2 square foot of sign area for each linear foot of building width.
(f)
Awning or canopy signs may be substituted for wall signs, subject to Subsection F(2)(c), (d) and (e).
(g)
Projecting signs shall have area not exceeding 10 square feet.
(h)
The awning or canopy on which an awning or canopy sign is depicted shall not extend more than five feet from the front wall of the building.
(i)
Where there is a business or office on the second floor, one additional wall sign, not greater than six square feet, is permitted. Such signs shall be placed on the second floor.
(j)
Freestanding or ground signs that advertise a business shall not exceed 16 square feet.
(k)
Permanent window signs shall comply with Subsection D(2)(d).
(l)
Signs on buildings having multiple business/office establishments:
[1]
One freestanding sign which lists the name of the building. That portion of the sign shall not exceed 30 square feet.
[2]
Names of individual businesses within the building may be listed on the same sign as the name of building in Subsection F(2)(l)[1] above or on individual signs on the same signpost. Such signs for individual establishments shall not exceed eight square feet. There shall be no more than six such signs on any building.
[3]
Wall signs listing individual establishments are also permitted. Such signs shall be placed together on the front wall in a group. Such signs shall not exceed two square feet.
(3)
Signs in light industrial districts. The following signs and no others shall be permitted in light industrial districts.
(a)
Any sign permitted in a residential district, subject to Subsection F(1) above (signs in residential districts).
(b)
Wall signs, freestanding signs, ground signs, awning and canopy signs, window signs and digital signs.
(c)
There shall not be more than one wall sign for each frontage.
(d)
The size of wall signs shall not exceed 1 1/2 square feet of sign area for each foot of building width.
(e)
Not more than one wall sign for each frontage shall be permitted except as noted in Subsection F(2)(i) above.
(f)
The size of freestanding signs shall not exceed 30 square feet.
(g)
Awning signs or canopy signs may be substituted for wall signs, subject to Subsection F(2)(c), (d) and (e).
(h)
Permanent window signs shall be permitted subject to Subsection D(2)(d).
(i)
Signs in Light Industrial District (C) shall also comply with § 610-36D(2) of this chapter.
(j)
Signs in industrial district. Subsection F(2)(l) above applies to the industrial districts.
G.
Digital signs.
(1)
Digital signs shall be in the form of wall signs or freestanding signs.
(2)
Digital signs shall be permitted in the Business District and industrial districts only.
(3)
Such signs may have two sign faces.
(4)
Digital signs shall not have an area greater than 20 square feet for each sign face.
(5)
No digital sign shall include any audio message, tones or music, or display animated images or messages, including flashing, blinking, scrolling or any other effect that gives the appearance of movement.
(6)
The sign text shall not change at intervals less than 10 seconds.
(7)
Digital signs shall not be illuminated in any manner between the hours of 11:00 p.m. and 6:00 a.m.
H.
Billboards.
(1)
Billboards shall be permitted only as a conditional use in the Business District at the intersection of Oak Lane and MacDade Boulevard and at the intersection of Chester Pike and MacDade Boulevard as shown on the Zoning Map.
(2)
No billboard shall be erected within 500 feet of another billboard.
(3)
The maximum size of billboards shall be 150 square feet.
(4)
The minimum distance from a street right-of-way shall be 30 feet.
(5)
No billboard shall be placed in a location where it will obscure the vision of motorists and thereby create a safety hazard.
(6)
The height of any billboard shall not exceed 50 feet, measured from street level.
(7)
Billboards shall be illuminated with external base lighting only.
(8)
All billboards shall be inspected in accordance with Subsection J of this section.
(9)
Where a billboard contains no message for a period of 60 consecutive days, the CEO shall forward a notice to the owner of the sign, advising the owner of the unused status of the structure. The owner shall be required to remove the sign and sign structure, provided that no advertising or message is placed thereon within 180 days from the original notice.
I.
Nonconforming signs. Signs that are nonconforming or identify nonconforming uses shall be governed by the following requirements:
(1)
A sign which is nonconforming at the effective date of this section may be continued even though such sign does not conform with the provisions of this section, but the size of any such nonconforming sign shall not be enlarged.
(2)
A nonconforming sign may be changed to or replaced by another nonconforming sign, provided that the degree of nonconformity is not greater than that of the original sign. Whenever a nonconforming sign has been changed to a more restricted nonconforming sign, such sign shall not thereafter be changed to a less restricted nonconforming sign.
(3)
When the name of an establishment is changed, any nonconforming sign at such establishment must be removed, and any new sign must conform to the provisions of this section.
(4)
A nonconforming sign which has been damaged to more than 75% of its value or has been removed or discontinued for 90 days shall not be repaired, rebuilt or replaced except as a conforming sign.
(5)
If a nonconforming use of a building ceases or is discontinued for a continuous period of one year or more, and such nonconforming use is deemed to be abandoned, any nonconforming sign on the premises shall also be considered abandoned, and any subsequent signs erected or maintained on the premises shall be in conformity with the provisions of this section.
J.
Permits and inspections.
(1)
Except as otherwise provided in Subsection E relating to exempt signs, no sign shall be erected in the Borough until a permit therefor has been obtained in the following manner:
(a)
Applications in writing for proposed signs shall be submitted to the CEO by the person/entity desiring the permit. The CEO shall then have the option of referring the permit request to the Planning Commission for its evaluation as to whether the proposed sign complies with the purposes of the district where the sign is located and the Collingdale Borough Comprehensive Plan of 2005. The Planning Commission may offer suggestions to modify the proposed sign so that it is in accordance with the goals for the district in question, as well as those as noted in the Comprehensive Plan. Permits for a temporary sign shall be effective for not longer than 30 days.
(b)
The application submitted to the CEO shall give full particulars regarding the size, shape, material and supports of the sign, as well as a sketch or sketches showing the location of the sign on the building or lot, the distance from the curbline, and the height of the sign. The application shall be sufficiently specific to enable the CEO to determine if the sign complies with this section as well as any other ordinance or regulation of the Borough relating thereto. A fee as the Borough Council may establish from time to time by resolution shall accompany such application.
(2)
Whenever any sign or sign face is replaced by another sign, enlarged in any manner, or altered, dismantled, damaged or otherwise destroyed, a permit shall be required as provided in Subsection J(1) above before the sign is replaced, enlarged, altered or repaired.
(3)
Unsafe and unlawful signs. If the CEO finds that any sign or other advertising structure regulated herein is unsafe or unsecure or is a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of this section, he shall give written notice thereof to the permittee. If the permittee fails to remove or alter the structure so as to comply with the standards set forth herein within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the CEO at the expense of the permittee or owner of the property upon which it is located. The CEO shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The CEO may cause any sign or other advertising structure that causes immediate peril to persons or property to be removed summarily and without notice.
(4)
Inspections and fees. The CEO may cause a routine inspection of all signs in the Borough to be made at least once every three years and at any other times when he deems such inspection necessary. At intervals determined by Council, the CEO shall conduct a thorough inspection of signs to determine the signs' conformity with the provisions within this section. All fees for sign permits shall be paid by the individual requesting the permit and shall be determined by Borough Council.
K.
Violations and penalties. Any person who fails to comply with any or all of the requirements of this section or who fails or refuses to comply with any notice, order or direction of the CEO shall be guilty of an offense and, upon conviction thereof, shall pay a fine to the Borough of Collingdale of not less than $100 nor more than $500 plus costs of prosecution. Each day during which any violation of this article continues shall constitute a separate offense and shall be punishable as such.
§ 610-32 Swimming pools.
Except as provided hereinafter, no in-ground swimming pool and no aboveground swimming pool having a capacity of over 1,500 gallons shall be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
A.
Such pool shall be located in a rear yard only.
B.
The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence which, any other provision of this chapter notwithstanding, shall have a height of not less than four feet or more than six feet.
C.
Such pool shall be not less than five feet from the side and rear lot lines and 10 feet from the main building.
D.
No lighting or spot lighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.
E.
Where the proposed pool is of such height or design that protective fencing is not required or is impractical, the Building Inspector shall, at his discretion, issue a permit for the erection of said pool without such fencing. The Building Official shall, however, first make a finding to the effect that, in his opinion, the said pool has equal protection from entry as would be afforded by the erection of a fence.
F.
An aboveground swimming pool having a capacity of 1,500 gallons or less shall not require a permit.
§ 610-33 Nonconforming buildings, uses and lots.
A.
Continuations. Any lawful use of a building or land existing at the effective date of this chapter, or authorized by a building permit issued prior thereto, may be continued although such use does not conform to the provisions of this chapter, except that a building permit shall not be transferable.
B.
Extension. A nonconforming use of a portion of a building may be extended throughout the building if no structural alterations or additions are made therein. Such extension may include structural alterations or additions when authorized as a special exception, provided that such alterations or additions are necessary to the continued use of the property and that no additional nonconformities are created. A nonconforming use may be extended upon the lot occupied by such use and held in single and separate ownership at the effective date of this chapter when authorized as a special exception, provided that any extension or enlargement shall conform to the area and height regulations of the district in which it is situated.
C.
Change. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification, if no structural alterations are made therein, provided that such change may include structural alterations when authorized as a special exception. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
D.
Restoration. A nonconforming building which has been damaged or destroyed by fire or other causes to an extent of not more than 50% of its value or a nonconforming building which has been legally condemned may be reconstructed and used for the same nonconforming use, provided that: 1) the reconstructed building shall not exceed in height, area and volume the building destroyed or condemned; and 2) building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
E.
Abandonment. If a nonconforming use of a building ceases for a continuous period of one year or more or if a nonconforming use of land ceases for any length of time for any reason, as determined by the Building Official, subsequent use of such building or land shall be in conformity with the provisions of this chapter.
F.
Nonconforming lots. On those lots of single and separate ownership which are not of the required minimum area or width or are of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which the lot is situated, and which are held at the effective date of this chapter, buildings may be erected or altered, provided a special exception is authorized.
§ 610-34 Regulations for sheds, decks and garages.
[Added 6-5-2000 by Ord. No. 629]
Sheds, decks and garages shall be considered accessory structures that shall comply with the requirements below.
A.
Sheds.
(1)
Not more than one shed, as defined in § 610-17, shall be placed on a lot.
(2)
Sheds shall be permitted only in rear yards and side yards.
(3)
There shall be a distance of not less than two feet between the shed and a side or rear lot line.
(4)
On corner lots, sheds shall not be placed closer to the side street than the principal building.
(5)
The maximum height of a shed shall not exceed six feet.
(6)
The area of a shed shall not exceed 144 square feet. However, a larger shed may be authorized as a special exception by the Zoning Hearing Board only in cases when the lot has an area of 7,500 square feet or greater.
(7)
In residential districts, sheds shall not be used for automobile repair work or similar high-impact activities incompatible with residential uses.
(8)
Prior to the construction or placement of a shed, the owner shall obtain a permit from the Building Official.
(9)
Sheds shall be constructed and located in accordance with all applicable ordinances and regulations.
B.
Decks.
(1)
Decks shall be permitted in the rear yard. However, for purposes of privacy, decks shall be permitted in side yards only where there is a distance of not less than 10 feet between the deck and the side lot line with the adjacent property.
(2)
On corner lots, decks shall not be placed closer to the side street than the principal building.
(3)
The deck shall not be placed closer than one foot from the party wall of an attached (row) or semidetached (twin) dwelling or building, to allow access for maintenance and repair.
(4)
There shall be a distance of not less than three feet between the outer edge of a deck and an adjacent common driveway easement.
(5)
Prior to construction of a deck, a permit must be obtained from the Building Official.
(6)
All materials used in the construction of a deck shall comply with the most recently adapted BOCA Building Code.[1]
[1]
Editor's Note: See now Ch. 170, Construction Codes, Uniform.
(7)
All decks may be inspected by the Building Official at any time during and after construction. Such official may at any time require the builder or homeowner to delay or close construction if he determines that the materials or building methods used are unsafe or questionable.
(8)
After a building permit is issued for a deck, no change in plans regarding setbacks, dimensions or heights is permissible without first receiving written permission from the Building Official.
C.
Garages (private).
(1)
Garages shall be located in rear yards only.
(2)
Garages shall be located not less than three feet behind the rearmost portion of the principal dwelling.
(3)
The height of garages shall not exceed 15 feet.
(4)
There shall be a setback of not less than three feet between the garage and any property line.
(5)
Garages shall not be used for permanent or temporary human habitation.
§ 610-35 Projections into required yards.
[Added 6-5-2000 by Ord. No. 629]
No principal building or part thereof shall be erected within, or shall project into, any required yard in any district, except for unenclosed porches, decks, one-story bay windows, eaves, chimneys, balconies, fire escapes, buttresses, cornices or steps. However, none of these, except unenclosed decks, shall encroach more than three feet into the required yard. Unenclosed decks may extend not more than seven feet into required rear yards. Such unenclosed decks may extend into required side yards for not more than three feet, provided that the edge of such decks is not less than 20 feet from the nearest adjacent dwelling.
§ 610-36 Adult use regulations.
[Added 6-5-2000 by Ord. No. 629]
A.
Purpose and objectives. Because adult entertainment businesses tend to bring with them secondary concerns that impact the health, safety and general welfare of Collingdale Borough, the Borough desires to limit the location where such uses may locate to the LI-C Light Industrial District and to enact provisions designed to minimize the impact of these secondary characteristics on the Borough. The Borough does not intend to suppress activities protected by the First Amendment of the United States Constitution but instead to address these secondary effects. Neither is it the intent of this § 610-36 to condone or legitimize the distribution of obscene material. The purpose of the provisions in § 610-36 is to minimize these secondary effects which include difficulties for law enforcement, municipal maintenance, trash, declines in business and residential property values, increased crime, particularly corruption of the morals of minors and prostitution, and which encourage residents to move elsewhere. This section includes permitting requirements for adult entertainment businesses. The Borough of Collingdale has concluded that permitting requirements are a legitimate and reasonable means of accountability to ensure that operators of adult entertainment businesses comply with reasonable regulations and do not knowingly allow their establishments to be used for places of illegal sexual activity or solicitation.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE
(1)
A commercial establishment in which not more than 15% of the sales floor area is occupied by materials devoted to:
(a)
Books, magazines, periodicals or other printed matter, photographs, motion pictures, video cassettes, slides or other visual representations which contain or depict material characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(b)
Instruments, devices or paraphernalia designed to be used in connection with specified sexual activities.
(2)
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be characterized as an adult bookstore, adult novelty store or adult video store. Such other business purpose or inventory will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its business purposes and activities is the offering for sale or rental for consideration the materials characterized by the description or depiction of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT BUSINESS
Any of the businesses enumerated in § 610-36C.
ADULT MOTION-PICTURE THEATER
A motion-picture theater where not more than 15% of the movies or other visual representations depict or show specified sexual activities or specified anatomical areas.
ESTABLISHMENT
This term denotes the following:
(1)
The opening or commencement of any sexually oriented establishment as a new business.
(2)
The conversion of an existing establishment, whether sexually oriented or not, to any sexually oriented business.
(3)
The addition of any sexually oriented business to any other sexually oriented business.
(4)
The relocation of any sexually oriented business.
PLANTED VISUAL SCREEN
A strip of trees or hedges adjacent to the boundary of a property which, at the time of planting, shall be not less than six feet high and of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist primarily of dense evergreens that shall be planted not farther than seven feet from one another. Such screens shall be permanently maintained. Deciduous trees may be added to create interest and variety.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
The fondling or touching of human genitals, pubic region, buttocks, anus or female breasts.
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy.
(3)
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) above.
C.
Permitted uses. The adult entertainment uses listed below shall be permitted only as a conditional use reviewed by Borough Council, subject to the applicable provisions of §§ 610-36D, E and F, as well as to all applicable provisions of § 610-26 (LI-C District).
(1)
Adult bookstore, adult novelty store and adult video store, provided that not more than 15% of the sales floor area shall be devoted to materials describing or depicting specified sexual activities or specified anatomical areas.
(2)
Adult motion-picture theater, provided that not more than 15% of all movies or other filmed productions shall be devoted to showing or depicting specified sexual activities or specified anatomical areas.
D.
Special development regulations.
(1)
All applicable provisions of Article VI, Supplementary Regulations, shall be followed where they do not conflict with the provisions below.
(2)
Signs.
(a)
All signs shall comply with the applicable provisions of § 610-31, provided that those provisions do not conflict with this § 610-36D(2).
(b)
Signs shall not depict or display any obscene words or graphics.
(c)
The content of signs shall be limited to the name, address and listing of products or services that the adult entertainment business provides.
(d)
Illumination of signs shall be directed at the sign only and shall not be placed so that it casts direct or excessive light on adjacent or nearby properties, streets or sidewalks.
(e)
Roof signs shall not be permitted on buildings devoted to adult entertainment uses.
(f)
Not less than two "No Loitering" signs shall be prominently displayed on the exterior of the adult entertainment business or at other conspicuous locations on the premises. Such signs shall have an area of not less than two square feet and not more than four square feet.
(3)
Parking.
(a)
Adult entertainment uses shall provide one off-street parking space for every 200 square feet of floor area, as defined in § 610-17.
(b)
Parking shall comply with all applicable provisions of § 610-30.
(4)
Landscaping. Landscaping shall be provided in accordance with § 610-26F(3).
(5)
Screening.
(a)
There shall be a planted visual screen consisting of evergreen plantings, which shall be not less than six feet high at the time of planting.
(b)
The planted visual screen shall be placed inside the property line and shall constitute an effective visual barrier between the adult entertainment business and adjacent uses.
(6)
Lighting.
(a)
Lighting shall be provided in accordance with § 610-26F(4).
(b)
Lighting fixtures shall be placed to adequately illuminate all sides of the principal building housing the adult entertainment business in order to eliminate dark or inadequately lighted outdoor areas on the property.
(7)
Storage. Storage facilities shall be provided, subject to § 610-25G.
(8)
Refuse.
(a)
All refuse shall be placed in covered, verminproof containers.
(b)
There shall be an opaque fence or planted screen to shield the refuse container from the principal use, adjacent and nearby uses, and streets and sidewalks.
E.
Area and bulk requirements.
(1)
The front yard setback of an adult entertainment business shall be not less than 50 feet.
(2)
Except for the front yard setback, all other dimensional regulations in § 610-26H (LI-C District) shall apply to adult entertainment businesses.
F.
Permit process, licensing, revocation. The Building Official, upon submission of an application to the Borough, shall present the applicant with a building permit for an adult entertainment business, as follows:
(1)
In the Light Industrial District C (LI-C), a permit shall be issued only if the applicant is successful in obtaining conditional use approval for the proposed type of adult entertainment use; the applicant obtains all health, use and occupancy requirements and/or building permits as required in the pertinent ordinances and their amendments; and the location of said use is in the LI-C District.
(2)
The application for a permit to operate an adult entertainment business must be made on a form provided by the Building Official of the Borough. The application must be accompanied by a sketch or diagram showing the configuration of the premises occupied by the business. The sketch or diagram need not be professionally prepared but at least be drawn to a designated scale or drawn with marked dimensions on the interior and exterior of the premises to an accuracy of plus or minus six inches.
(3)
The applicant must be qualified according to the provisions of this section, and the premises must be inspected and found to be in compliance with all applicable ordinances by the Building Official, Fire Chief and the police.
(4)
If a person wishes to operate an adult entertainment business as an individual, he/she must sign the application for a permit as an applicant. If a person who wishes to operate such business is other than an individual, each individual who has a ten-percent or greater interest in the business must sign the application for a permit as an applicant. If a corporation is listed as owner of an adult entertainment business or as the entity that wishes to operate such business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for permit as an applicant.
(5)
The fact that a person possesses other types of Borough permit(s) does not exempt the person from the requirement of obtaining an adult entertainment business permit.
(6)
The Building Official shall approve the issuance of a permit to an applicant within 30 days after the Borough Council awards the applicant a conditional use permit, but the Building Official will not approve a permit if he finds one or more of the following to be true:
(a)
Applicant is under 18 years of age.
(b)
Applicant or applicant's spouse is overdue on his or her Borough taxes or fees, fines or penalties assessed against him or her in relation to the operation of an adult entertainment business.
(c)
Applicant has failed to provide information required in this section and reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
(d)
The permit fee required in this section has not been paid or the permit fees for health, use, occupancy and/or building permits have not been satisfied.
(e)
Applicant for the proposed use is in violation of or is not in compliance with any provision of this § 610-36.
(7)
The permit, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the adult entertainment business. The permit shall be posted in a conspicuous place at or near the entrance of the business so that it can be read at any time.
(8)
The permit, if granted, shall have an effective duration of one year from the date of issuance. At that time, the applicant must file another application before the expiration of the permit in order to continue doing business without interruption. Application for renewal must be made at least 30 days before the expiration date. When an application is made less than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit. All the regulations of this section must be complied with as if a new permit is being issued.
(9)
The Building Official, Fire Chief and the police shall complete their certification that the premises is in compliance or not in compliance within 30 days of receipt of the application by the Building Official.
(10)
If the Building Official denies a renewal of a permit, the applicant shall not be issued a permit for one year from the date of such denial, except that, after 90 days of lapse since the date of denial, the applicant may be granted a permit if the Building Official finds that the basis for denial of the renewal permit has been corrected or abated.
G.
Inspection. An applicant or permittee shall permit a representative of the police, Fire Chief, Building Official or other Borough departments or agencies to inspect the premises of an adult entertainment business for the purpose of ensuring compliance with this section or other applicable laws at any time the adult entertainment business is open for business. These departments/agencies shall certify, in writing, whether the business is in compliance.
H.
Fees. The annual fee for an adult entertainment business is $500.
I.
Suspension of permit. The Building Official shall suspend a permit for a period not to exceed 30 days if he or she determines that a permittee or an employee of the permittee has:
(1)
Violated or is not in compliance with any provision of this section or the chapter.
(2)
Engaged in excessive use of alcoholic beverages while on the premises of the adult entertainment business.
(3)
Refused to allow an inspection of the adult entertainment business as authorized by this section.
J.
Revocation of permit.
(1)
The Building Official shall revoke a permit if a cause of suspension set forth in Subsection I above has occurred and the permit has been suspended within the preceding 12 months.
(2)
The Building Official shall also have the power to revoke a permit if he determines that:
(a)
A permittee or any of the persons specified has given false or misleading information or materials to the Borough during the application process.
(b)
A permittee or employee has knowingly allowed prostitution on the premises, as defined by the Pennsylvania Crime Codes.
(c)
A permittee or employee of the permittee knowingly operated the adult entertainment business during a period of time when the permittee's permit was suspended or revoked.
(d)
A permittee or employee of the permittee knowingly allowed any action of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur on the permitted premises.
(e)
A permittee is delinquent in the payment of Borough or state taxes or fees.
(3)
When the Building Official revokes the permit, the revocation shall continue for one year, and the permittee shall not be issued an adult entertainment business permit for one year from the date that the revocation became effective. If subsequent to the revocation the Building Official determines that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the date the revocation became effective.
(4)
After denial of an application or denial of a renewal of an application or suspension or revocation of a permit, the applicant, licensee or permittee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
K.
Transfer of permit. A permittee shall not transfer his permit to another person or business entity nor shall a permittee operate an adult entertainment business under the authority of a permit at any place other than the address designated within the application.
L.
Injunction. A person who operates or causes to be operated an adult entertainment business without a valid permit or in violation of this section is subject to an action in equity or a suit for injunction, as well as citations for violations of this Zoning Chapter.
M.
Violations and penalties. For any and every violation of this section, the permittee, owner, tenant, general agent, managing company, realtor or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of any building or premises in which such violation has been committed or shall exist, and the owner, permittee, general agent or contractor, lessee or tenant of a building or premises in which part such violation has been committed or shall exist, and the owner, permittee, lessee, general agent, architect, builder, realtor, contractor or any other person who knowingly commits, takes part in or assists in any such violation or maintains any building or premises in which any such violation shall exist shall be liable, on conviction, to a fine or penalty not exceeding $500. Such fine shall be paid to Collingdale Borough. In default of payment thereof, the Magisterial District Judge may, at his discretion, commit the offender to prison in the County Jail for a period not exceeding 30 days for each and every offense. Whenever such person shall have been officially notified by Collingdale Borough or by service of a summons in a prosecution or in any other official manner that he is committing a violation, each day's continuance of such violation shall constitute a separate offense punishable by like fine or penalty.
