Greensburg City Zoning Code
ARTICLE XXIV
Adult Use Businesses
[Added 3-13-2000 by Ord. No. 1792]
§ 265-203 Intent.
A.
It is the intent of this regulation to further the purpose of the zoning regulations. The city, through its planning and zoning regulations, wishes to provide for its citizens and tourists an atmosphere that is both safe, healthy and aesthetically pleasing, one that fosters activities appropriate for visitors of all ages on its thoroughfares. In addition, the city through its neighborhood planning program and Comprehensive Plan recognizes that some residential neighborhoods, because of their proximity to commercial districts, are more susceptible to the effect of intensive or obnoxious activities. This regulation aims to preserve neighborhood integrity while fostering a positive and wholesome image for visitors from out of the area.
B.
It is further the purpose of this article to promote the health, safety and general welfare of the citizens of the city and to establish reasonable regulations. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distributions of obscene material.
§ 265-204 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ADULT ARCADE
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-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. All adult arcades must be constructed according to Exhibit A, which is part of this article.[1]
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which, as one of its principal business 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; photographs, films, motion pictures, videocassettes, video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment which regularly features persons appearing in the state of nudity; live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; films, motion pictures, videocassettes, slides, digital imaging, photographic reproductions or any and all visual media using the most recent technology, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, digital imaging, photographic reproductions or any visual media using current technology which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult-type of photographic reproductions; or offers sleeping rooms for rent four or more times in one calendar day during five or more calendar days in any continuous thirty-day period.
ADULT MOTION-PICTURE THEATER
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.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
CHILD-ORIENTED BUSINESS
Any commercial establishment which, as one of its principal business purposes, serves and/or sells children and their families food, apparel, goods, services, play and/or entertainment.
ESCORT
A person whom, 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.
ESCORT AGENCY
Any 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.
PERMITTEE and/or LICENSEE
Any person in whose name a zoning permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a zoning permit.
[Amended 11-9-2020 by Ord. No. 2113]
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex; or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following: fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any other specified sexual activities.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
That increase in floor areas occupied by the business by more than 25%, as the floor area exists on date of enactment of this article.
MUNICIPALITY
The City of Greensburg.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following: the sale, lease or sublease of the business; the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
[1]
Editor's Note: Exhibit A is located at the end of this chapter.
§ 265-205 Classification.
Sexually oriented businesses are classified as follows:
A.
Adult arcades.
B.
Adult bookstores or adult video stores.
C.
Adult cabarets.
D.
Adult motels.
E.
Adult motion-picture theaters.
F.
Adult theaters.
G.
Escort agencies.
H.
Nude model studios.
I.
Sexual encounter centers.
§ 265-206 Zoning permit required; application; inspection.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
Any person who operates a sexually oriented business without a valid zoning permit issued by the city is guilty of a violation of the Zoning Ordinance.
B.
An application for a zoning permit to operate a sexually oriented business must be made in accord with § 265-138. Pennsylvania Department of Labor and Industry approved plans showing the floor plan and plot plan configuration of the premises, including a statement of total floor space occupied by the business, must accompany the application. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
C.
The applicant must be qualified according to the provisions of this chapter, and the premises must be inspected and found by the Planning Director to be in compliance with the law and the rules and regulations of this chapter.
D.
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented 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 a permit as applicant.
E.
The fact that a person possesses other types of City permits does not exempt the person from the requirements of obtaining a zoning permit for a sexually oriented business.
§ 265-207 Issuance of zoning permit for a sexually oriented business.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
The Planning Director or their designee shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or an applicant's spouse is overdue in his payment to the city of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to a sexually oriented business.
(3)
An applicant has failed to provide all information required for issuance of the permit or has falsely answered a question or request for information on the application form.
(4)
An applicant is residing with a person who has been denied a permit by the city to operate a sexually oriented business within the preceding 12 months or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(5)
The premises to be used for the sexually oriented business have been reviewed and have been disapproved by the Planning Director or their designee as not being in compliance with applicable laws and ordinances.
(6)
The permit fee required by this article has not been paid.
(7)
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
(8)
An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person in charge of the operation of the applicant's business, has or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including but not limited to prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this subsection, the person or person's conviction or release in connection with the sexual misconduct offense must have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.
B.
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 sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
C.
The Planning Director or their designee shall complete the certification that the premises are in compliance or not in compliance within 20 days of receipt of the application to the Planning Director or their designee. The certification shall be promptly presented to the Planning Director or their designee.
§ 265-208 Fees.
The annual fee for a sexually oriented business permit is $500.
§ 265-209 Inspection.
A.
An applicant, or permittee, shall permit the Planning Director or their designee to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time that the sexually oriented business is open for business.
[Amended 9-14-2015 by Ord. No. 2057]
B.
A person who operates a sexually oriented business or his agent or employee violates the Zoning Ordinance if he refuses to permit such lawful inspection of the premises at any time it is open for business.
§ 265-210 Expiration of permit.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
All zoning permits for sexually oriented businesses shall expire one year from the date of issuance and may be renewed only by making application as provided in § 265-207. Application for renewal should be made at least 30 days before the expiration date, and, when made fewer than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
B.
If the Planning Director denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days having elapsed since the date of denial, the applicant may be granted a permit if the Planning Director finds that the basis for denial of the renewal permit has been corrected or abated.
§ 265-211 Suspension of permit.
[Amended 9-14-2015 by Ord. No. 2057]
The Planning Director or their designee shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an employee of a permittee has violated or is not in compliance with any section to this article; refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; knowingly permitted gambling by any person on the sexually oriented business premises.
§ 265-212 Revocation of permit.
A.
The Planning Director or their designee shall revoke a permit if a cause of suspension set forth in § 265-211 occurs and the permit has been suspended within the preceeding 12 months.
[Amended 9-14-2015 by Ord. No. 2057]
B.
The Planning Director or their designee shall revoke a permit if he determines that:
[Amended 9-14-2015 by Ord. No. 2057]
(1)
Permittee, or any of the persons specified in § 265-207, is or has been convicted of the offenses specified in said section.
(2)
Permittee gave false or misleading information in the material submitted to the city during the application process.
(3)
Permittee or an employee of a permittee has knowingly allowed possession, use or sale of controlled substances on the premises.
(4)
Permittee or an employee of a permittee has knowingly allowed prostitution on the premises.
(5)
Permittee or an employee of a permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.
(6)
Permittee or an employee of a permittee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other explicit sexual conduct to occur in or on the permitted premises.
(7)
Permittee is delinquent in payment to the city or state of any taxes or fees relating to sexually oriented businesses.
C.
When the Planning Director or their designee revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation becomes effective, except that if the revocation is pursuant to Subsection B(1) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.
[Amended 9-14-2015 by Ord. No. 2057]
D.
To minimize and reduce delay to the applicant or permittee, and in addition to the appeal time frames and remedies available under the Municipalities Planning Code, 53 P.S. § 10101 et seq., all permit denial, renewal, suspension or revocation determinations shall be sent, in writing, to the applicant or permittee. All such determinations which deny, refuse or renew, suspend or revoke a permit shall state specifically the ordinance requirement not met and any other basis of the decision. After denial of an application, or denial of a renewal of an application, or after suspension or revocation of any permit, the applicant or permittee may appeal pursuant the procedures of the Planning Act and this Zoning Ordinance.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection E, which permitted appeal to a court, which immediately followed this subsection.
§ 265-213 Transfer of permit.
A permittee shall not transfer his permit to another person. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application.
§ 265-214 Location of sexually oriented businesses.
A.
A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a permitted use. No sexually oriented business shall be located outside a district in which a sexually oriented business is a permitted use. Sexually oriented businesses as defined herein shall be permitted in the Industrial District (M). Hours of operation shall be from 8:00 a.m. to 10:00 p.m., Monday through Saturday. No hours of operation on Sundays and legal holidays. No such use will be permitted in any Industrial Districts that are under consideration for redevelopment or future development as determined by the City of Greensburg Comprehensive Plan, adopted in November of 1999.
B.
A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business within 1,000 feet of a church; a public or private preelementary, elementary or secondary school; a public library; a child-care facility or nursery school; a public park adjacent to any residential district; a child-oriented business; a college and/or public or private university; and any residentially zoned districts in the city.
C.
A person is guilty of a violation of the Zoning Ordinance if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
D.
A person is guilty of a violation of the Zoning Ordinance if he causes or permits the operation of a substantial enlargement of the sexually oriented business.
E.
For the purposes of this article of the Zoning Chapter of the Code of the City of Greensburg, measurement 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 a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private preelementary, elementary or secondary school, public library, child-care facility, child-oriented business or nursery school; or to the nearest boundary of an affected public park, college, university or residentially zoned district.
F.
For purposes of this section of this article of the Zoning Chapter of the Code of the City of Greensburg, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
G.
Any sexually oriented business lawfully operating on date of enactment of this article that is in violation of any part of this section (§ 265-214) shall be deemed a nonconforming use. Any preexisting nonconforming use sexually oriented business that is abandoned or is not used as such for a period of at least 12 months loses its preexisting nonconforming status and must thereafter comply with all provisions of this article to reopen. At the time of the writing of this article there are no such preexisting uses in the city. If in the event that two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
H.
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private preelementary, elementary or secondary school, public library, child-care facility, child-oriented business, nursery school or public park within 1,5000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
§ 265-215 Exemptions.
It is a defense to prosecution under §§ 265-207 and 265-214 that a person appearing in a state of nudity did so in a modeling class operated by a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college or university supported entirely or partly by 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; in a structure which has no sight visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; 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 model is on the premises at any one time.
§ 265-216 Injunction.
A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this article is subject to an action in equity or a suit for injunction as well as citations for violations of the Zoning Ordinance.
§ 265-217 Severability.
The provisions of this article are severable, and, if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect the remaining sections, sentences, clauses, parts or provisions of this article. It is hereby declared to be in the intent of the Council that this article would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
