Glenolden City Zoning Code
ARTICLE VI
Regulations for I-1 Industrial District
§ 162-30 Applicability.
In any I-1 Industrial District, the following regulations shall apply.
§ 162-31 Permitted uses.
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and for no other:
A.
Research, engineering or testing laboratories.
B.
Any production, processing, cleaning, testing, repair, storage and distribution of materials, goods, foodstuffs and products.
C.
Public utility installations and public-service uses.
D.
Truck freight terminal.
E.
Contractor's establishment not engaging in any retail activities on the site.
F.
Administrative activities and offices.
G.
Building supply.
H.
Customary accessory uses associated with industrial districts.
§ 162-32 Area and bulk regulations.
The following area and bulk regulations shall apply:
A.
Lot size: one acre minimum.
B.
Lot width: 150 feet minimum at building line.
C.
Lot coverage: 35% maximum.
D.
Building setback line: 25 feet minimum.
E.
Side yards: 25 feet minimum each side.
F.
Rear yard: 25 feet minimum.
G.
Maximum building height: 40 feet.
H.
Tower and chimney location: 50 feet minimum from any lot line.
I.
Paved surface area may not exceed 40% of lot area.
§ 162-33 Design standards.
Design standards shall conform to the requirements of § 162-53.
§ 162-34 Parking.
Parking spaces shall be provided as required by § 162-54.
§ 162-35 Signs.
Signs shall conform to the requirements of § 162-47.
§ 162-36 General standards.
The following limitations shall be applied to any use permitted in this district:
A.
Manufacturing activities in this district shall be carried on in completely enclosed buildings. Only storage may be permitted out of doors, under the provisions of § 162-53.
B.
Noise emanating from a use in this district shall not exceed the level of ordinary conversation at the boundaries of the lot. Short, intermittent noise peaks may be permitted if they do not exceed normal traffic noise peaks at any point on the lot boundaries.
C.
Uses in this district shall be such that they:
(1)
Emit no obnoxious, toxic or corrosive fumes or gases.
(2)
Emit no odors perceptible at the lot boundaries.
(3)
Emit no smoke.
(4)
Discharge into the air no dust or other particulate matter.
(5)
Produce no heat or glare perceptible at or beyond the lot boundaries.
(6)
Utilize lighting in a manner which produces no glare in public streets or on any other parcel.
(7)
Produce no physical vibration perceptible at or beyond the lot boundaries.
(8)
Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.
(9)
Do not engage in reproduction or storage of any material designed for use as an explosive, or in any way create any other danger to the safety of the surrounding area.
(10)
Discharge no untreated potentially dangerous effluent from plant operations.
(11)
Do not engage in the storage of waste materials on the lot for any period beyond 30 days.
§ 162-36.1 Adult entertainment regulations.
[Added 2-19-1995 by Ord. No. 1015]
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 Glenolden. 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 Glenolden is amending the Zoning Chapter to restrict or limit the location of where said activities can locate within the bounds of the Borough of Glenolden. The Borough of Glenolden 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 Glenolden 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 MATERIAL SALES(1) (2) (3) ADULT MINI-MOTION-PICTURE THEATER ADULT MOTEL ADULT MOTION-PICTURE THEATER APPLICANT CERTIFICATION ESTABLISHMENT(1) (2) (3) (4) NUDITY or STATE OF NUDITY PEEP SHOWS PERMITTEE and/or LICENSEE PERSON SEMI-NUDE 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.
Any establishment 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 picture, videocassettes, 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 material sales, adult mini-motion-picture theater, adult motion-picture theater and peep show as part of the definition for "adult entertainment."
Book, video or magazine sales, other printed matter, photographs, films, motion-picture videos or production slides or other visual representation and/or rentals where either the materials, advertising, displays or signs in or out of the locations offer written material showing, displaying or 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. 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.
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 commercial establishments as listed in Subsections (1) and (2) of this definition 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" as long as one of its principal business purposes is the offering for sale or rental for consideration of 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 with 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 for 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 addition of any adult entertainment business to any other existing adult entertainment business.
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 a 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.
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.
(1)
Only in the Industrial District, when authorized by a special exception, shall the land, buildings or premises be used for the following uses:
(a)
Adult arcade.
(b)
Adult cabaret, adult dance hall, adult club, adult bar, adult tavern, nightclub, restaurant or similar commercial establishment.
(c)
Adult entertainment.
(d)
Adult material sales.
(e)
Adult mini-motion-picture theater.
(f)
Adult motel.
(g)
Adult motion-picture theater.
(h)
Peep shows.
(i)
Sexual encounter center.
(2)
In addition, the above additional uses are allowed by permit only in the Industrial District if the property line of this use is greater than 650 feet from the property lines of a:
(3)
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 park and/or residential district.
D.
Inspection.
(1)
An applicant or permittee shall permit representatives of the Police Department, Fire Marshal, 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 Glenolden if he refuses to permit such lawful inspection of the business 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 or his representative shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an employee of the permittee has:
G.
Revocation.
(1)
The Zoning Officer or his representative 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 or his representative 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 submitted to the Borough during the application process.
(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 to 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 the date when the revocation became effective. If, subsequent to revocation, the Zoning Officer finds 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 when 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 or licensee or permittee may seek prompt judicial review of such administrative action in a 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.
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.
§ 162-36.2 Smoke shops and tobacco stores.
[Added 11-19-2024 by Ord. No. 2157, approved 11-19-2024]
A.
Purpose.
(1)
It is the purpose and intent of this section to ensure that the public health, safety, and welfare shall not be abridged by the undesirable impacts of smoke shops and tobacco stores within the Borough.
(2)
Borough Council desires to prevent the over-concentration of certain uses within the Borough.
(3)
Tobacco use is still the leading cause of preventable death in the United States.
(4)
Tobacco use places a huge financial cost on the nation's healthcare system and constraints on productivity imposed on the nation's economic system.
(5)
Undesirable impacts include but are not limited to the increased potential for tobacco sales to minors, a greater opportunity for the sale of illegal drug paraphernalia that is marketed as tobacco paraphernalia, and a heightened risk of negative aesthetic impacts, blight and loss of property values of residential neighborhoods and businesses in close proximity to such uses.
B. BOROUGH DRUG PARAPHERNALIA STORES E-CIGARETTE MIXED-USE ESTABLISHMENT SMOKE SHOPS AND TOBACCO STORES SYNTHETIC OR DESIGNER DRUG TOBACCO TOBACCO PARAPHERNALIA TOBACCO PRODUCTS
Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms or phrases shall have the following meanings:
The Borough of Glenolden, Delaware County, Pennsylvania.
Any retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of its subject to the provisions of the Controlled Substance, Drug, Device and Cosmetic Act, 1972, April 12, P.L. 233. No. 64, 35 P.S. § 780-101 et seq., "roach" clips, "coke" spoons, "bongs," and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.
Any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The liquid solution used in e-cigarettes typically contains nicotine, and for this reason, e-cigarettes and their liquid solution can be classified as both tobacco products and drug paraphernalia.
Where a grocery store, supermarket, convenience store or similar market combines an area greater than 50 square feet or 2% of its retail space, whichever is less, for the display, sale, distribution, delivery, offering, furnishing, or marketing of conventional cigars, cigarettes or tobacco with the sale of the other retail products. For the purpose of this section, these mixed-use establishments shall be subject to the restrictions of this section. The display, sale, distribution, delivery, offering, furnishing, or marketing of e-cigarettes or any other tobacco products or tobacco paraphernalia, regardless of square footage used, is subject to the restrictions of this section.
Any premises having more than 100 square feet dedicated to marketing and storage of tobacco, tobacco products, or tobacco paraphernalia.
Any naturally or chemically derived material, compound, mixture, or preparation regulated or prohibited by federal, or Pennsylvania law intended to alter the physical, emotional, mental, or psychological state of the consumer, which are currently not otherwise classified as a scheduled or controlled substance. By way of example, for purposes of this section synthetic or designer drugs include, but are not limited to, spice, K-2, bath salts, and kratom.
Any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.
Any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances as defined in the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act, 35 P.S. § 780-113(a)(33).
Any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any means. For the purposes of this section, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration ("FDA") for the sale as a tobacco/smoking-cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.
C.
Zoning and use standards.
(1)
Notwithstanding any other provision of this title to the contrary, smoke shops, tobacco stores, and mixed-retail establishments shall be a conditional use within the Borough's L-1 Industrial Zoning District.
(2)
All smoke shops, tobacco stores, and mixed-retail establishments proposing to operate within the Borough after the effective date of this section must obtain a conditional use approval. Standard conditions of approval, at minimum, shall include the following:
(a)
No smoking shall be permitted on the premises by minors.
(b)
No sales may be solicited or conducted on the premises by minors.
(c)
No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted.
(d)
No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.
(e)
The possession and/or sale of synthetic or designer drugs must at all times comply with all federal and Pennsylvania laws.
(f)
Synthetic or designer drugs may not be consumed on the premises at any time.
(3)
Additional zoning and land use standards for smoke shops, tobacco stores and mixed-retail establishments shall be as follows:
(a)
Smoke shops, tobacco stores and mixed-retail establishments shall not be located within 2,000 feet, measured property line to property line, from a school (private or public), family day-care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(b)
Smoke shops, tobacco stores and mixed-retail establishments shall not be located within 1,000 feet, measured from property line to property line, from another smoke shop and/or tobacco store and/or mixed-retail establishment.
(c)
It is unlawful for a smoke shop and/or tobacco store to knowingly allow or permit a minor not accompanied by his or her parent or legal guardian to enter or remain within any smoke shop or tobacco store.
(d)
Smoke shops and tobacco stores shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to all such stores. It shall be unlawful for the above-listed stores to fail to display and maintain, or fail to cause to be displayed or maintained, such signage and is subject to violations and penalties.
D.
Preexisting nonconforming smoke shops and tobacco stores. Smoke shops and tobacco stores that are legally existing on the effective date of this section may continue to operate as legal nonconforming uses and shall not be required to obtain a conditional use permit. However, any change or expansion of the legal nonconforming use shall require compliance with this chapter and a conditional use permit.
E.
Prevention and removal of refuse.
(1)
All smoke shops and tobacco stores shall provide and maintain a minimum of one garbage can per entryway, locations as approved by the Zoning Officer.
(2)
Owners shall be responsible for the removal of all trash, litter, garbage, etc., as a result of the purchase or use of tobacco-related products, from their property and the adjacent rights-of-way within the Borough.