Edgmont Township City Zoning Code
ARTICLE XXV
Adult Entertainment
§ 365-158 General provisions.
A.
Purpose. Because adult entertainment uses tend to bring with them secondary concerns that impact on the health, safety and general welfare concerns, the Township desires to restrict or limit the location where such uses can locate.
(1)
The Township does not intend to affect or suppress any activities protected by the First Amendment of the United States Constitution, but instead address these secondary effects. Neither is it the intent nor effect of these ordinance provisions to condone or legitimize the distribution of obscene material. Neither is it the intent to permit any use which is prohibited by the provisions of any other Township ordinance.
(2)
Based on evidence concerning the adverse secondary effects of adult uses on the community, and on findings incorporated in legal cases, the Board of Supervisors finds that the following concerns are associated with the establishment of these uses in Edgmont Township:
(a)
Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that may go uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises.
(b)
Certain employees of sexually oriented businesses defined in this chapter as "adult theaters" and "cabarets" engage in higher incident of certain types of sexually oriented behavior at these businesses than employees of other establishments.
(c)
Sexual acts, including masturbation, oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows, as defined under this chapter as "adult bookstores," "adult novelty shops," "adult video stores," "adult motion-picture theaters," "or adult arcades."
(d)
Offering and providing such space encourages such activities, which create unhealthy conditions.
(e)
Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses.
(f)
At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (AIDS), genital herpes, hepatitis B, non-B amebiasis, salmonella infections and shigella infections.
(g)
The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn.
(h)
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(i)
Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(j)
Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view adult-oriented films.
B. ADULT ARCADE ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE(1) (a) (b) (2) ADULT CABARET(1) (2) (3) ADULT ENTERTAINMENT USE(1) (2) (3) (4) ADULT ENTERTAINMENT USES, ACCESSORY ADULT ENTERTAINMENT USES, PRINCIPAL ADULT MOTION-PICTURE THEATER ADULT THEATER EMPLOYEE ESCORT ESCORT AGENCY NUDE MODEL STUDIO(1) (2) (3) NUDITY or STATE OF NUDITY PERSON SEMINUDE or SEMINUDE CONDITION SEXUAL ENCOUNTER CENTER SEXUALLY ORIENTED BUSINESS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES SUBSTANTIAL ENLARGEMENT
Definitions. For the purposes of this article, the following words, terms and phrases shall have the meanings indicated as follows:
Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
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 categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its business purposes (consisting the lesser of either 1,000 square feet or at least 25% of the sales and/or rental area of the business) is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
Persons who appear in a state of nudity or seminudity; or
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Includes any of the following:
The opening or commencement of any sexually oriented business as a new business;
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other existing sexually oriented business; or
The relocation of any sexually oriented business.
Any business which has less than or equal to 10% of its stock or floor area allocated to, or less than 20% of its gross annual receipts derived from, an adult entertainment use as permitted by this chapter.
Any business which has more than 10% of its stock or floor area allocated to, or 20% or more of its gross annual receipts derived from, an adult entertainment use as permitted by this chapter.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Any place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and
Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
Where no more than one nude or seminude model is on the premises at any one time.
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
The state of dress in which clothing, partially or in a nonopaque manner, covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal business purposes, offers, for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
Includes 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.
Includes any of the following:
Of a sexually oriented business, means the increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date of enactment of this chapter.
C.
Use regulations. The purpose of these use regulations is to minimize, where conditions permit, the secondary concerns, which 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.
(1)
(2)
Yard and area regulations.
(a)
In addition to the yard and area regulations applicable to all uses permitted pursuant to the provisions of Article XVI, no adult entertainment use shall be located:
[1]
Within 200 feet of:
[a]
A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
[b]
A public or private educational facility, including but not limited to child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; "school" includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school;
[c]
A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the Commonwealth of Pennsylvania;
[d]
Any other adult entertainment use;
[e]
A boundary of a residential district as defined in this chapter;
[f]
The right-of-way line of Route 3 (West Chester Pike).
[2]
Or within 100 feet of:
[a]
A public park or recreational area which has been designated for park or recreational activities, including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis court, pedestrian/bicycle path, wilderness area, or other similar public land within the Township which is under the control, operation, or management of the Township park and recreation authorities, or other similar land within the Township which is under the control, operation or management of private parties and open and available for use by the general public;
[b]
An entertainment business which is oriented primarily towards children and family entertainment;
(b)
For the purpose of this Subsection C(2), Yard and area regulations, of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed in this Subsection C(2), Yard and area regulations. Presence of a municipal, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
D.
Other standards.
(1)
Screening and buffering. Any lot which is to be used for any adult entertainment use shall contain screening and buffering along property lines adjoining other zoning districts in accordance with the screening and landscaping requirements of Article XVI.
(2)
Data. Sufficient additional data shall be submitted to enable the Planning Commission and the Board of Supervisors to determine that the requirements of this and other ordinances of the Township relevant to the proposed use have been met and that the owners and operators of the proposed adult entertainment facilities have demonstrated a compliance with the ordinances of the Township to prevent their establishments from being used for any illegal activities.
(4)
Alcohol. No alcoholic beverages can be served at any adult entertainment use.
E.
Exceptions, limitations and applicability of other ordinances. The proposed use shall be subject to the requirements of Chapter 305, Subdivision and Land Development, including, without limitation, stormwater management control, stormwater infiltration control, erosion control, traffic control, landscaping, lighting and other standards prescribed by Chapter 305, Subdivision and Land Development, and/or other applicable Township ordinances.