Eddystone City Zoning Code
ARTICLE XV
Supplemental Regulations
§ 295-70 Purpose.
The purpose of this article is to identify certain regulations and standards which are generally either common to all zoning districts or applicable to more than one district.
§ 295-71 Overall requirements.
A.
No building or structure or part thereof shall hereafter be erected, constructed or altered, and no new use or change of use shall be made of any building, structure or land or part thereof, except in conformity with the provisions of this chapter.
B.
Every principal building shall hereafter be built on a lot with frontage on a public or private street.
C.
No lot or premises shall hereafter be subdivided or reduced in area or size in any manner so as to violate the provisions of this chapter.
§ 295-72 Accessory uses and structures.
A.
Accessory structures shall be located, erected and maintained only in rear and side yards.
B.
No accessory structure shall be more than one story or 15 feet in height.
C.
In the case of a corner lot, accessory structures shall not be placed closer to the side street than the principal building.
D.
Accessory structures are included in the maximum building coverage and impervious surface limitations.
E.
The minimum setback for accessory structures is four feet in the rear and two feet at the side property line.
F.
A private garage or other accessory structure may be erected within a rear yard if it is entirely separated from the main building and if it is located at least 10 feet further back from the front street line than the rearmost portion of the main building.
G.
Utility sheds shall not have a floor area exceeding 100 square feet.
H.
Only one shed shall be permitted on a lot.
I.
Utility sheds shall not be used for parking or storage of vehicles.
J.
Installation requirements for utility sheds shall be as follows:
(1)
A utility shed may be installed or erected on any property within the Borough without the placement of footers and foundations beneath the utility shed, provided that, for the purpose of rodent and vermin control, the utility shed is placed on a concrete slab not less than four inches thick and further provided that the utility shed complies with all other requirements of Chapter 85, Building Construction.
(2)
Four inches of crushed stone can be used in lieu of a concrete slab in the event that the shed is of the fabricated wooden variety with a treated wooden floor system. Such a system must contain treated skids that elevate the floor of the building four inches above grade for air circulation beneath the structure. Wire mesh must be secured to the perimeter skids as rodent and vermin control.
§ 295-73 Private, noncommercial swimming pools.
A.
A permit must be obtained from the Building Inspector prior to construction of a private swimming pool, as defined in Article II.
B.
All swimming pools shall be placed behind the front of the principal building. In the case of a corner lot, no swimming pool shall be placed closer to the side street than the principal building.
C.
All swimming pools shall be located not less than five feet from any property line or principal building on the lot.
D.
No swimming pool shall be located under electric lines or over existing utility lines.
E.
A fence not less than six feet in height must surround all swimming pools that have water which may reach a depth of more than two feet. The type, quality and design of the fence shall be adequate to serve as a safeguard and as a protection device for children. All fences shall have self-locking gates in order to prevent unauthorized children and animals from entering the pool area.
[Amended 1-13-1997 by Ord. No. 568, approved 1-13-1997]
F.
The swimming pool may be lighted underwater or by exterior lighting, or both, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or annoyance to residents of neighboring properties.
G.
Swimming pools shall comply with all other applicable regulations.
H.
At the time of application for a zoning permit, it shall be demonstrated that the drainage of a pool is adequate and will not drain onto neighboring properties.
I.
All swimming pools, including the apparatus and equipment pertaining to the operation of the pool, shall be constructed and erected in accordance with the applicable codes, ordinances and regulations of the Borough of Eddystone.
J.
A private swimming pool shall not be operated as a business or maintained in a manner to be hazardous or obnoxious to adjacent property owners.
§ 295-74 Family day-care homes.
A.
There shall be a fence at least four feet high around all outdoor play areas.
B.
There shall be proper screening and planting that is consistent with the character of the surrounding uses.
C.
The appearance and exterior design of the facility shall be compatible.
D.
Each facility must have the appropriate registration, certificates or licensing as required by the Pennsylvania Department of Public Welfare (DPW) and must meet all current DPW regulations and any applicable state or local building and safety codes.
§ 295-75 Ground-based satellite antennas.
A.
Satellite antennas are permitted in all zoning districts.
B.
Ground-based satellite antennas shall be placed only in the side or rear yards.
C.
Not more than one satellite antenna shall be permitted on a lot, with its use limited to the lot.
D.
All wiring for ground-based antennas shall be underground.
E.
The maximum diameter of the ground-based satellite antenna shall not exceed 10 feet.
F.
The satellite antenna shall be of a color that blends with the surrounding landscape.
G.
The satellite antenna should have an open mesh surface in order to blend with the surrounding landscape.
H.
Satellite antennas shall be located and designed to minimize the visual impact on the surrounding properties.
[Amended 1-13-1997 by Ord. No. 568, approved 1-13-1997]
I.
All satellite antennas shall be adequately grounded for protection against a direct strike of lightning.
§ 295-76 Roof-mounted satellite antennas.
B.
Where possible, roof-mounted antennas should be located on the portion of the roof sloping away from the front of the lot.
C.
All applications for roof-mounted antennas shall be accompanied with specific mounting and stress analysis and designs, prepared by a professional engineer.
D.
The installation of satellite antennas shall meet all other local, state or federal codes, where possible.
E.
The total height of a roof-mounted antenna shall not extend more than six feet above the roof line.
§ 295-77 Community residence facilities.
A.
No facility shall be located within 750 feet of another facility.
B.
There shall be not more than two residents per bedroom, and this is not to exceed a maximum number of seven residents per facility, not including staff.
C.
There must be a twenty-four-hour-a-day, on-duty supervisor who is qualified for the position.
E.
Any alterations or additions to the exterior of a community residence facility shall be compatible with the existing structure and in keeping with the neighborhood character, excluding safety modifications.
F.
Each facility must receive all pertinent approvals and/or licenses from the appropriate state agencies.
H.
All community residence facilities will be available for reasonable periodic inspections by the Building Inspector.
I.
The operator of the facility must register annually with the Building Inspector and must provide the following information:
§ 295-78 Screening.
A.
A completely planted visual screen shall be provided and continually maintained in the following circumstances:
(1)
Where any proposed commercial use or an expansion of an existing commercial use abuts an existing residential use or district or institutional use or district.
(2)
Where any proposed institutional use or an expansion of an existing institutional use abuts an existing residential use or residential district.
(3)
Where any proposed industrial use or an expansion of an existing industrial use abuts an existing residential use or residential district, an existing commercial use or commercial district or an existing institutional use or institutional district.
(4)
Where any proposed multifamily use or an expansion of an existing multifamily residential use abuts an existing single-family residential use or single-family residential district.
(5)
Any other instance where screening is required by this chapter.
B.
A privacy fence may be substituted for a planted visual barrier only when there is insufficient area to provide a planted visual screen.
C.
Screening shall comply with the following requirements:
(1)
The portion of the tract undergoing development that abuts a use or district intended to be screened shall provide a planted visual screen which will act as an effective screen separating uses. The planted visual screen may be included in the appropriate yard space and shall be based upon the following criteria:
(a)
Screening shall include a row of evergreen species which are indigenous to the area so as to provide a year-round visual barrier.
(b)
Screening shall incorporate earthen mounds or berms whenever possible to improve sound as well as visual buffering and shall be broken at points of vehicular or pedestrian access.
(c)
Plant materials used in the planted visual screen shall be at least six feet in height when planted and shall be placed not more than eight feet from one another. Such planting shall be of a species which will produce a complete visual screen within two years of planting.
(d)
All existing trees within the required planted visual screen above three inches in caliper and/or eight feet in height shall be preserved whenever possible.
(e)
Screening shall be placed/located so as not to obstruct sight distances at intersections.
(f)
When permitted, all privacy fences must be at least six feet high and constructed of opaque material.
(g)
Screen design, including the type of plant material used, spacing of plant materials, the use and location of earthen berms and, when permitted, a privacy fence shall be subject to review by the Building Inspector.
(h)
Screens shall be perpetually maintained during the period the principal use causing the need for screening is in operation. Any plant material which does not survive shall be replaced within six months.
D.
All mechanical equipment not enclosed in a structure shall be fully and completely screened in a manner compatible with the architectural and landscaping style of the remainder of the lot. Such screening shall be subject to site plan and architectural review by the Borough.
§ 295-79 Landscaping.
A.
General regulations.
(1)
Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks and designated storage areas shall be planted and maintained with landscaping. Maximum advantage shall be taken of existing trees and shrubs in landscaping.
(2)
All landscaped planting areas shall be planted with grass seed, sod or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.
(3)
Unless otherwise specified, landscaped planting areas may be part of the required front, side and rear yards.
(4)
Except for single-family and two-family dwellings, any part or portion of a site which is not used for loading and parking spaces, aisles, sidewalks and designated storage areas shall be landscaped according to an overall plan prepared and approved as part of the development plan or shall be left in its natural state. A replacement program for nonsurviving plant material should be included.
B.
Landscaping plans.
(1)
Landscaping shall be installed and maintained in accordance with a landscaping plan (prepared by a registered landscape architect) and approved by the Borough Council. The landscape plan shall depict all proposed plantings which relate to, complement, screen or accentuate buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and other site features.
(2)
The landscaping plan shall be coordinated with the development plan and shall show the location, type, size, height and other characteristics of the proposed landscaping.
(3)
The plan shall be accompanied or shall include information regarding the continued maintenance of plantings indicating that all plantings will be replaced, if damaged, diseased or dead, in locations shown on the approved plan.
C.
Specific requirements.
(1)
No fewer than three evergreen and/or deciduous shrubs shall be planted for every 24 feet of building and/or lot frontage, as required below:
[Amended 11-13-2006 by Ord. No. 614, approved 11-13-2006]
Zoning District or Use | Minimum Landscaping Requirement | |
|---|---|---|
I Institutional District | 6 feet wide along principal road frontage and adjacent to at least 2 sides of principal building | |
NB Neighborhood Business District | 2 shrubs which may be placed in planters in front of principal building | |
GB General Business District | 3 feet wide along principal road frontage or 3 feet wide adjacent to front of principal building | |
PCO Planned Commercial/ Office District | 3 feet wide in front of principal building | |
Industrial Districts | 3 feet wide in front of principal building | |
IHCO District | 5 feet in front of and along one other side of the principal building |
§ 295-80 Compatibility standards for unlisted uses.
In cases where the Zoning Hearing Board is to decide whether a proposed use which is not listed in this chapter is of the same general character as the listed uses, the Board, in making its determination, shall consider and apply the compatibility standards listed below:
B.
The nature and location of storage and outdoor display of merchandise, whether it is enclosed or open, inside or outside the building and the predominant items stored.
C.
The type, size and nature of buildings and structures supporting the use.
D.
The number of employees and customers per unit of site and building in relation to business hours and employment shifts.
E.
The business hours the use is in operation or open for business, ranging from seven days a week, 24 hours a day to several times a year, such as sport stadiums or fairgrounds.
F.
The transportation requirements for people and freight, by volume, type and characteristics of traffic generation to and from the site, trip purposes and whether trip purposes can be shared with other uses on the site.
G.
Parking characteristics, turnover and generation and ratio of the number of spaces required per unit or activity.
H.
The tendency for attracting or repelling criminal activities to and from or on the premises.
I.
The amount and nature of nuisances generated on the premises, such as noise, smoke, odor, glare, vibration, radiation and fumes.
J.
Any special public utility requirements for serving the use, such as water supply, wastewater output, pretreatment of wastes and emissions recommended or required and any significant power structures and communication towers or facilities.
§ 295-81 Day-care centers.
[Amended 1-13-1997 by Ord. No. 568, approved 1-13-1997; 11-13-2006 by Ord. No. 614, approved 11-13-2006]
Day-care centers shall be permitted by right in the I Industrial District and by special exception in the PCO Planned Commercial/Office District and the IHCO Industrial Heritage Corridor Overland District.
A.
Day-care centers shall be permitted as part of a school, church or business establishment or as an independent use, as indicated in the individual district.
B.
A fence not less than four feet high shall be placed around all outdoor play areas. The bottom end of such fence must reach the ground to prevent children from crawling underneath.
C.
Outdoor play activities shall be limited to the hours between 8:00 a.m. and 7:00 p.m.
F.
Each facility shall provide for the discharge and pickup of children on a driveway, approved parking area or directly in front of the facility. In any case, the area selected for discharge and pickup must be free from traffic hazards to children.
G.
No part of a facility may be located within 200 feet of gasoline pumps or underground storage tanks or any other storage area for explosive or hazardous materials.
H.
Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area or the required dropoff spaces may be designed as part of a driveway providing direct access to the day-care center.
I.
All pedestrian pathways shall be adequately lit for safety and security if utilized during nondaylight hours. Specific areas for lighting are entrance ways, pedestrian access to the outdoor play areas, sidewalks used in nondaylight hours, dropoff areas, merchandise delivery areas and all parking lots.
J.
All facilities shall comply with the requirements of the district in which they are located.
K.
All facilities must be licensed by the Pennsylvania Department of Public Welfare (DPW).
L.
All facilities must comply with all current regulations of the Pennsylvania Department of Public Welfare (DPW) and any other applicable state and local building and fire safety codes.
M.
The operator of any day-care center will allow the local Building Inspector to enter the property at reasonable times to inspect for compliance with the requirements of this section and all other applicable municipal and state ordinances or regulations.
§ 295-82 Cellular towers, facilities and equipment.
[Added 5-12-1997 by Ord. No. 570, approved 5-12-1997]
In recognition of the overwhelming industrial, commercial and business land area in the Borough and the quasi-public nature of cellular communications and personal communications services systems, and the Federal Telecommunications Act of 1996, the following special regulations shall apply, in all zoning districts except residential:
A.
Purpose. The purpose of this section and the standards established hereunder is to govern the use, construction and facilities siting of cellular towers, facilities and equipment, so as:
(1)
To accommodate the need for cellular communications and personal communications services cellular towers, facilities and equipment while regulating their location and number in the Borough;
(2)
To minimize adverse visual effects of cellular towers, facilities and equipment through careful design, siting and vegetative screening;
(3)
To avoid potential damages to adjacent properties from antenna support structure failure and falling ice and debris through engineering and careful siting of antenna supporting structure;
(4)
To maximize the use of any new or existing antenna support structures or other tall structures, so as to reduce the number of antenna support structures needed in the future;
(5)
To prohibit the use, construction and facilities siting of cellular towers, facilities and equipment in the small residual areas of the Borough; and
(6)
To limit radiation, as permitted by applicable law, emitted by cellular towers, facilities and equipment, so that it will not adversely affect human health.
B. ANTENNA ANTENNA HEIGHT ANTENNA SUPPORT STRUCTURE CELL SITE CELLULAR TOWER, FACILITIES AND EQUIPMENT
Definitions. The following terms, used in this section, shall be interpreted as follows:
Any device or mechanism used in the collection, transmitting, routing or receiving of telecommunications transmissions, radio signals or radio frequency energy, including but not limited to use by or in the provision of cellular communications and personal communications services.
The vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
Any pole, telescoping mast, monopole, tower, tripod or any other structure which supports or has attached to it an antenna or antennas.
A tract or parcel of land that contains the cellular communications antenna, its antenna support structure, accessory building(s) and parking, and may include other uses associated with and ancillary to providing cellular communications or personal communications services.
Includes but is not limited to antennas, antenna support structures and cell sites.
C.
Use area and height regulations.
(1)
A cell site with antenna that is attached to an existing communications or personal communications services tower, smokestack, water tower or other similar tall structure may be permitted by conditional use, provided that the application shall otherwise comply with this section and the use regulations of the applicable zoning district wherein the cell site is to be located. The height of the antenna, together with any antenna support structure, shall not exceed the height of the existing structure by more than 15 feet.
(2)
A cell site with antenna that is either not mounted on an existing structure or is more than 15 feet higher than the structure on which it is mounted may be permitted by conditional use, provided that the application shall otherwise comply with this section and the use regulations of the applicable zoning district of the proposed cell site, provided that the antenna height does not exceed 250 feet.
(3)
All other uses ancillary to the cellular tower, facilities and equipment (including but not limited to a maintenance depot, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell site is located. Such other ancillary uses shall not be considered accessory uses.
(4)
Setbacks from the base of any new antenna support structure to be constructed (as opposed to mounting the antenna on an existing structure) shall be the minimum distance between the base of the support structure or any guy wire anchors and any property line or right-of-way line shall be the largest of the following:
(5)
Notwithstanding any provision herein to the contrary, cellular towers, facilities and equipment shall be prohibited in any residential area in the Borough.
(6)
Any provisions of this chapter or any other Borough ordinance which are not addressed hereunder shall remain in effect and shall not be considered altered or modified by this section and shall apply to the proposed cellular tower, facilities and equipment.
D.
Standards of approval. The following standards of approval of all cellular towers, facilities and equipment shall apply in addition to the requirements of this chapter:
(1)
Cellular towers, facilities and equipment shall be permitted in all nonresidential areas of the Borough, only by conditional use approval.
(2)
The applicant shall demonstrate, using accepted technological evidence, that the antenna and antenna support structure must be located where proposed in order to satisfy its function in the applicant's system.
(3)
If the applicant proposes to build an antenna support structure, the applicant shall provide written evidence that it first contacted the owners of tall structures within a one-fourth-mile radius from the proposed cell site, requested permissions to install the antenna on those structures and was denied for reasons other than economic ones. Tall structures shall include but not be limited to smokestacks, water towers, buildings in excess of six stories, antenna support structures of other cellular communications and personal communications service providers, other communications towers (fire, police, etc.) and other similar tall structures.
(4)
The applicant shall demonstrate that the antenna height is the minimum required to function satisfactorily. No antenna height taller than this minimum height shall be approved, unless the applicant provides proof that another provider of cellular or personal communications services has already agreed to collocate on the applicant's antenna support structure at a greater height than is required by the applicant.
(5)
The applicant shall demonstrate that the proposed antenna and antenna support structure are safe and the surrounding properties will not be negatively affected by antenna support structure failure, falling ice or other debris, electromagnetic fields or radio frequency interference. All antenna support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
(6)
In order to reduce the number of antenna support structures needed in the Borough in the future, the proposed antenna support structure shall be required to accommodate, where possible, other users, including other cellular communications and personal communications services provider companies and local police, fire and ambulance companies. Applicants shall provide evidence that all other authorized users have been contacted by the applicant with an offer for collocation on the applicant's proposed antenna support structure.
(7)
The applicant must demonstrate that it is licensed by the Federal Communications Commission to provide cellular communications and/or personal communications services.
E.
Landscaping.
(1)
Existing vegetation shall be preserved to the maximum extent possible.
(2)
Landscaping shall be required to screen and buffer as much of the cellular tower, facilities and equipment as possible, the fence surrounding the cellular tower, facilities and equipment, and any other ground level features of the cell site from the abutting properties.
(3)
Where the cell site abuts residentially developed land, residential zoning districts, public land or streets, the site perimeter shall be landscaped with at least one row of deciduous trees, not less than 3 1/2 inches in caliper, spaced not more than 30 feet apart, on center, and within 25 feet of the cell site boundary, as well as at least one row of evergreen trees or shrubs at least 14 feet high when planted and spaced not more than 15 feet apart and within 40 feet of the cell site boundary. Alternatives such as walls or fences may be permitted by the Borough Council based on security or other reasons.
(4)
Antenna support structures under 200 feet shall be painted gray or have a galvanized finish retained, in order to reduce the visual impact. Antenna support structures in excess of 200 feet may be painted green up to the height of nearby trees. Antenna support structures shall meet all Federal Aviation Administration (FAA) regulations. No antenna support structure may be lighted except when required by the FAA.
F.
Fencing. A security fence shall be required around the cell site, unless the antenna is mounted on an existing structure. The security fence shall be a minimum of eight feet in height and shall otherwise comply with the height regulations set forth herein.
G.
Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers, with a minimum of two parking spaces provided. If the cell site is not automated, the number of parking spaces shall equal the number of people present at the cell site on the largest shift.
H.
Site plan. A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering and ingress and egress. The site plan shall comply with all Borough ordinances, as amended. No site plan shall be required if the antenna is to be mounted on an existing structure.
§ 295-82.1 Adult entertainment.
[Added 3-13-2000 by Ord. No. 585, approved 3-13-2000]
A.
Legislative intent and purpose.
(1)
It is hereby determined that adult entertainment uses, as defined by this section, tend to bring with them secondary concerns that impact on the health, safety and general welfare concerns of the Borough of Eddystone. These associated concerns include difficulties for law enforcement, municipal maintenance, trash, deleterious effects on business and residential property values, increased crime, particularly corruption of the morals of minors and prostitution, and encourage residents and businesses to move elsewhere.
(2)
With these goals in mind, the Borough of Eddystone is amending the Zoning Ordinance to restrict or limit the location of where said activities can locate within the bounds of the Borough of Eddystone. The Borough of Eddystone has concluded that a permitting and/or licensing process is a legitimate and reasonable means of accountability to ensure that the operators of adult entertainment uses comply with reasonable regulation and do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. The Borough of Eddystone also does not intend by this section to effect or suppress any activities protected by the First Amendment, but instead address these secondary effects.
B. ADULT ARCADE ADULT CABARET, ADULT DANCE HALL, ADULT CLUB, ADULT BAR, ADULT TAVERN, NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT ADULT ENTERTAINMENT ADULT MATERIALS RENTAL AND SALES(1) (2) (3) ADULT MINI MOTION-PICTURE THEATER ADULT MOTEL(1) ADULT MOTION-PICTURE THEATER APPLICANT CERTIFICATION ESTABLISHMENT(1) (2) (3) (4) NUDITY or STATE OF NUDITY PEEP SHOWS PERMITTEE AND/OR LICENSEE PERSON SEMINUDE OR SEMI-NUDITY SEXUAL ENCOUNTER CENTER SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES TRANSFER OF OWNERSHIP or CONTROL(1) (2) (3)
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion producing devices are maintained to show images to five or fewer persons per machine at any one time or where the image is so displayed or distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
Offering adult entertainment; any cabaret, dance hall, club, tavern, bar, nightclub, restaurant or similar commercial establishment offering entertainment used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by patrons therein whether or not liquor is sold on the premises. Such presentation or material may be live or through films, motion pictures, video cassettes, slides or other photographic reproduction depicting or describing specified sexual activities or specified anatomical areas.
Live or non-live entertainment containing specified sexual activities or displaying or presenting specified anatomical areas. This definition is a broad overall definition which includes the activities adult cabaret, adult dance hall, adult club, adult bar, adult tavern, adult materials sales, adult mini motion-picture theater and peep shows as part of its definition for adult entertainment.
Book, video, magazine rentals, other printed matter, photographs, films, motion-picture video or production slides or other visual representation and/or sales where the locations offer the showing or displaying of matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons on the premises. This does not apply to the availability for sale of any material displayed in such a way that only the name of the book or magazine appears. This also does not include rentals and/or sales for use of such materials off the premises of said establishments.
Instruments, devices or paraphernalia which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
Such a commercial establishment as listed in Subsections (1) and (2) may have other principal business purposes that do not involve the offering for sale or rental of material depicted or describing specified sexual activities or specified anatomical areas and still be characterized as adult material sales. Such other business purposes will not serve to exempt such commercial establishments from being categorized as adult material sales so long as one of its principal business purposes is the offering for sale or rental for consideration in specified materials used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
Any enclosed or semienclosed or unenclosed building which houses a commercial establishment with the capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein.
A hotel, motel or similar commercial establishment which:
Offers accommodation to the public for any form of consideration; provides patrons of closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproduction which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
Any enclosed or partially enclosed or unenclosed building which houses a commercial establishment with the capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas for observation by patrons therein.
A person who applies by filling out an application for a permit for an adult entertainment business.
A department and/or agency of the Borough after inspection of the premises for adult entertainment writes a report to the code Zoning Officer regarding compliance or noncompliance.
The opening or commencement of any adult entertainment as a new business;
The conversion of an existing business, whether or not an adult entertainment, to an adult entertainment business;
The additions of any adult entertainment business to any other existing adult entertainment business; or
The relocation of any adult entertainment business.
The appearance of the specified anatomical areas without any coverings on the body area.
Any enclosed or semienclosed or unenclosed building/enclosure which houses a commercial establishment with the capacity for one person used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas for observation by parties therein.
A person or persons to whom a permit and/or license to operate an adult entertainment has been issued, as well as the individual or individuals listed as an applicant on the application for permit and/or license.
An individual, proprietorship, partnership, corporation, association or other legal entity.
State of dress in which clothing partially or opaquely covers specified anatomical areas.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
The sale, lease or sublease of a business;
The transfer of securities which constitutes a controlling interest in the business whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar device which transfers the ownership or control of the business, except for transfer by a bequest or other operation of law upon the death of a person possessing the ownership or control.
C.
Uses and permit process.
(1)
Uses.
(a)
Only in the Industrial Districts, in addition to those uses by special exception stated, the land, buildings or premises shall be by special exception only for the following additional uses:
[1]
Adult arcade.
[2]
Adult cabaret, adult dance hall, adult club, adult bar, adult tavern, nightclub, restaurant or similar commercial establishment.
[3]
Adult entertainment.
[4]
Adult material rental and sales.
[5]
Adult mini motion-picture theater.
[6]
Adult motel.
[7]
Adult motion-picture theater.
[8]
Peep shows.
[9]
Sexual encounter center.
(b)
The above additional uses are allowed by permit only in the Industrial District if the property line of this use is greater than 650 yards from the property lines of a:
(c)
For purposes of this section, measures shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business is conducted to the nearest property line of a school, house of worship, Borough-owned land and/or residential district.
(2)
Permit process. The Zoning Officer, upon submission to the Borough of an application, shall present the applicant with a building permit for adult entertainment business(s) as follows:
(a)
In the Industrial Districts, a permit shall be issued only if the applicant is successful in obtaining a special exception for the proposed type of adult entertainment and the application successfully meets all health, use and occupancy and/or building permit requirements as defined in the pertinent ordinances and their amendments/revisions and the location of said use is demonstrated to comply with Subsection C(1) above.
(b)
The application for a permit to operate an adult entertainment business must be made on the form provided by the Zoning Officer of the Borough. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of the total floor space 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.
(c)
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 the law by the Zoning Officer, the Fire Marshall and the police.
(d)
If a person wishes to operate an adult entertainment business as an individual, he/she (she) must sign the application for permit as an applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual that has 10% or greater interest in the business must sign the application for permit as an applicant. If a corporation is listed as owner of an adult entertainment business or as the entity which wishes to operate such a 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.
(e)
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.
(f)
The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after applicant is awarded a special exception by the Zoning Hearing Board of the Borough of Eddystone and will not approve a permit, if the Zoning Officer finds one or more of the following to be true:
[1]
Applicant is under 18 years of age.
[2]
Applicant or applicant's spouse is overdue on his or her payment to the Borough of taxes, fees, fines or penalties assessed against him/her or her or imposed upon him/her or her in relation to an adult entertainment business.
[3]
Applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
[4]
Permit to be used for the adult entertainment business has been reviewed and has been disapproved by either the Zoning Officer, the Fire Marshall or the police as not being in compliance with the applicable laws and ordinances.
[5]
The permit fee required by this section has not been paid or the permit fees for health, use, occupancy and/or building permits have not been complied with or the fees were not paid before.
[6]
Applicant of the proposed establishment is in violation of or is not in compliance with any of the provision of this section.
(g)
The 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 business. The permit shall be posted at or near the entrance of the adult entertainment business so it can be read at any time.
(h)
The permit, if granted, shall have a life of one year from the date of issuance. At any time, the applicant must file another application before the expiration of the permit in order to continue doing business without interruption. Application for renewal should be made at least 30 days before the expiration date; the pendency of the application will not prevent the expiration of the permit. Again, all of the above rules listed in this subsection and the entire section must be complied with as if a new permit is being issued.
(i)
The Zoning Officer, Fire Marshall and the police shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the Zoning Officer. This certification shall be promptly presented to the Zoning Officer.
(j)
If the Borough Zoning Officer denies a renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days of lapse since the date of denial, the applicant must be granted a permit if the Zoning Officer finds that the basis for denial of the renewal permit has been corrected or abated.
D.
Inspection.
(1)
An applicant or permittee shall permit representatives of the police, Fire Marshall, Zoning Officer or other Borough departments or agencies to inspect the premises of an adult entertainment business for the purpose of ensuring compliance with the law at any time the adult entertainment business is occupied or open for business. These inspection departments/agencies shall certify in writing to the Code Enforcement Officer whether compliance is achieved.
(2)
A person who operates an adult entertainment business or his agent or employee violates the Zoning Ordinance of the Borough of Eddystone if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
E.
Fees. The annual fee for an adult entertainment business permit is $500.
F.
Suspension. The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he/she determines that a permittee or an employee of the permittee has:
G.
Revocation.
(1)
The Zoning Officer shall revoke a permit if a cause of suspension set forth in Subsection F occurred and the permit has been suspended within the preceding 12 months.
(2)
The Zoning Officer shall also have the power to revoke a permit if he/she determines that:
(a)
A permittee or any of the persons specified has given false or misleading information or materials submitted to the Borough during the application process.
(b)
A permittee or employee of the permittee 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 in or on the permitted premises.
(e)
A permittee is delinquent in payment of the Borough or state for any taxes or fees past due.
(3)
When the Zoning Officer 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 when the date of revocation has been corrected or abated; the applicant may be granted a permit if a least 90 days have elapsed since the date the recovation 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 or licensee or permittee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.
H.
Transfer of permit. A permittee shall not transfer his permit to another person 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.
I.
Exemption. It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated as follows:
(1)
By a proprietary school licensed by the Commonwealth of Pennsylvania or college, junior college or university supported entirely or partly by taxation.
(2)
By a private college or university which maintains and operates educational programs in which credits are transferable to any college, junior college or university supported entirely or partly by taxation.
J.
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 the Zoning Ordinance.
K.
Violations and penalties. Any person who violates any provision of this section shall be subject to the penalties set forth of the Zoning Ordinance.