Greenville Mercer County
City Zoning Code
City Zoning Code
ARTICLE X
Additional Criteria for Permitted Uses
§ 550-35 Residential Zoning Districts use provisions.
A.
Principal structure on a lot. Only one principal structure shall be permitted on any residential lot.
Junk. The visible storage or placement of junk is not permitted in any residential district.
B.
Single-family dwellings and two-family dwellings. Single-family detached dwellings and two-family dwellings in all districts shall conform to following standards:
(1)
All single-family detached dwellings, as defined in Article XVII, shall be constructed on a permanent foundation made of concrete or other permanent material whose footing extends below the frost line. In the case of manufactured homes, they shall be securely placed upon the foundation, as per the manufacture's instructions.
(2)
When an open air space between the dwelling and its foundation and/or ground occurs, the space shall be enclosed by a continuous material.
(3)
Manufactured homes, as defined by this chapter, are permitted in any residential zoning district, provided:
(a)
They comply with the U.S. Department of Housing and Urban Development's (HUDs) Manufactured Housing Standards, The National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq; 24 CFR Part 3280 and Part 3282.
(b)
The manufactured home must have been constructed after July 15, 1976 and contain the manufacture's certification (red label) that the home is built in accordance with HUD's construction and safety standards. HUD standards cover body and frame requirements, thermal protection, plumbing, electrical, fire safety and other aspects of the home.
C.
Multifamily dwellings. Multifamily residential developments are subject to the following plan submission requirements and compliance with all density yard and area requirements for residential dwellings:
(1)
Application requirements. All applicants for building permits for multiple-family residential development shall make application in writing, on forms prescribed by the Borough. The application form shall be accompanied by the necessary supporting documentation as specified in Subsection D(2) following and shall be submitted to the Zoning Officer.
(2)
Plan requirements.
(a)
Site development plan. The developer shall submit as part of the application three copies of a detailed site plan showing the development proposal in conformance with all applicable provisions of this chapter. Plans shall be prepared at a scale of one inch equals 50 feet or larger.
(b)
Property survey. The developer shall submit a property survey and/or deed description describing, by metes and bounds, all property proposed for development. Acreage shall be shown on the plan or deed.
(c)
Topographical maps. The developer shall submit an existing and proposed topographical map (grade plan) of the property. Contours shall show the existing natural features and proposed changes thereto.
(d)
Utility plans. The developer shall submit a sanitary sewer, storm sewer and water plan. Such plan shall be prepared in conformance with applicable regulations of the Pennsylvania Department of Environment Protection and Greenville Borough Sewer Authority and shall be approved by the respective agencies.
(e)
Street/thoroughfare and parking plan. The developer shall submit a plan of proposed streets and parking areas, including profiles, typical cross sections and design specifications of proposed improvements. All parking facilities shall be provided on lot and in accord with the general provisions of Article XII, Parking and Loading Regulations.
(f)
Open space and landscape plan. The developer shall submit an open space and landscaping plan. The plan shall include any proposed improvements to and within the open space areas plus typical planting plans for all structures.
(g)
Typical building elevations and floor plans.
(h)
Restrictions. The substance of covenants, grants, easements or other restrictions imposed upon the use of the land, buildings, and structures, including proposed easements or grants for public utilities, storm sewer retention facilities, open space facilities, etc.
D.
Churches: churches, parish houses, churches schools and other church uses are permitted in all residential districts, provided such uses shall be regularly used for church or religious purposes.
E.
Fences, walls and similar accessory structures shall conform to the standards outlined in § 550-64.
F.
Home satellite dishes shall conform to the districts' building setbacks and shall only be located in side or rear yards.
H.
Parking lot and/or parking structure.
(1)
There shall not be any vehicle parked within 15 feet of the property line of any residential use.
(2)
There shall not be any automotive repair facilities located on the lot or any automotive repairs made on any vehicles located thereon.
(3)
There shall not be any storage of material, junk or any equipment on the lot.
(4)
There shall not be any vehicle parked in front of the front or side street setback building line.
J.
Home occupations, as defined in this chapter, provided they meet the requirements established below.
(1)
Intent. The following permitted home occupations and their related provisions are designed to ensure home occupations, in all of Greenville Borough's residential districts, are compatible with the residential district's character in which they are located.
(2)
Permitted home occupations. Family day-care services, home craft operations, professional home offices, seamstress/tailor services and home studios. For a complete description of these permitted home occupations, refer to Article XVII. A use which is not listed as a permitted home occupation may be permitted only upon the approval of the Zoning Hearing Board, provided such home occupation comply with these provisions.
(3)
Home occupation provisions. Any permitted home occupation, as defined by this chapter, shall comply with all of the following eight provisions:
(a)
Home occupations shall be conducted entirely within the dwelling and not more than 225 square feet of the floor area shall be devoted to the home occupation.
(b)
The home shall be the primary residence of the person desiring to conduct a home occupation therein; see Article XVII for a complete definition of primary residence.
(c)
Home occupations must be conducted solely by the dwelling's primary resident(s); see Article XVII for a complete definition of primary resident(s).
(d)
The home occupation shall not involve the use of advertising signs on the premises or any local advertising media which calls attention to the fact that the dwelling contains a home occupation.
(e)
In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.
(g)
The use shall not generate traffic, parking, noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the residential district in which the home occupation is conducted.
(h)
Not more than one home occupation shall be permitted per premise.
K.
Group/personal care homes are permitted in all residential zoning districts as a conditional use.
(1)
Dispersal requirement. The following dispersal requirement is designed to ensure individuals needing residential treatment will not be forced into enclaves of treatment facilities that would replicate and perpetuate the isolation resulting from institutionalization:
(a)
Group homes cannot locate within 120 feet of one another.
(2)
Conditions. Prior to approval of operating a personal care home or group home in any residential zoning district by the Borough Council, the applicant for a conditional use shall comply with the following conditions:
(a)
A copy of any required local, county and/or commonwealth certifications shall be presented to the Borough before the home is allowed to operate.
(b)
Group homes shall be subject to the same limitation and regulations as single-family dwellings.
(c)
There shall be no sign or exterior display indicating the name of the home or its use larger than two square feet.
(d)
At least one additional on-lot parking space shall be provided for each two residents/clients.
(e)
No home shall admit more than eight residents/clients at one time.
(f)
In the residential zoning districts, this use will be permitted only in buildings originally used as residential structures and converted to this use.
L.
Conversion and reuse of abandoned schools or other public buildings for nonresidential use may be permitted in all residential zoning districts by the Borough Council subject to the following standards, conditions, and procedures:
(1)
General standards.
(a)
The proposed use shall be in accord with the goals and objectives of the municipal Comprehensive Plan and the Zoning Ordinance.
(b)
There shall be written agreements committing to the proposed reuse.
(c)
The proposed reuse shall be adequately served by public service.
(d)
The reuse shall not cause a major increase in traffic congestion in the neighborhood.
(e)
The reuse will not create a threat to the public health and safety of the neighborhood.
(2)
Specific conditions.
(a)
The exterior architectural style shall not be altered or changed. Any structural additions shall be of the same architectural style and character of the original structure.
(b)
Proposed uses shall conform with all parking and loading requirements and shall be met off the street. Parking areas shall be landscaped and screening provided where such use abuts residential uses.
(c)
Proposed industrial uses shall be limited to the assembly, processing, cleaning, repair and servicing, testing and storage of materials. All assembly, processing and/or storage of materials shall be conducted entirely within the structure.
[Amended 6-14-2021 by Ord. No. 1606]
(d)
All waste disposal shall be collected at a central location and on a regular schedule as contracted with the appropriate disposal company. Containers shall be screened from view of adjacent residences.
(e)
Where any permitted nonresidential use abuts a residential use or district, screening in the form of a solid wall or fence shall be provided. Existing natural tree cover may be acceptable provided adjacent dwellings are no closer than 200 feet from the reuse structure.
(f)
Proposed uses shall not emit any offensive odors or noxious, toxic or corrosive fumes or gases.
(g)
It shall provide necessary shielding or other protective measures against interference occasioned by mechanical equipment, or uses or process with electrical apparatus, to nearby residences.
(h)
All conversions shall comply with local, state and federal building codes and shall be approved by the Pennsylvania Department of Labor and Industry.
(i)
Noise. Measured sound levels shall be in accord with Article XI, Performance Standards, of this chapter. Should a test be required to determine the existence of excess noise, cost of such test shall be born by the property owner regardless of test results. Prior to issuance of building and/or occupancy permits, the business or industry shall provide certification of compliance with established standards.
(j)
Such other conditions as deemed necessary by Borough Council to safeguard the public health and safety of the neighborhood.
(3)
Procedures.
(a)
Detailed site and building plans shall be submitted in triplicate as a part of the application.
(b)
Applications for conditional use shall be submitted to Borough Council on forms provided by the Borough.
(c)
Copies of the site plans and related data shall be submitted to the Planning Commission and other officials as deemed necessary by the municipality.
(d)
A public hearing shall be held by Borough Council within 45 days of the acceptance of a complete application. Not later than 10 days prior to the day set for the hearing on the application, the Planning Commission and other officials requested to comment on the plan shall file a written report with the Borough Council setting forth their recommendations.
(e)
Within 30 days following the public hearing, Borough Council shall either approve or disapprove the application. Where disapproved, reasons shall be stated in writing referring to specific sections of this chapter or other applicable laws. Where approved, any additional conditions beyond those specified in this chapter shall be stated in writing.
(f)
When approval of the conditional use is granted, the applicant shall agree in writing to the approval and stated conditions within 10 days of the approval. Failure of the applicant to respond and agree to stated conditions within the stated time shall result in a denial of the application.
M.
Storage or parking of commercially licensed vehicles, to include:
(1)
Utility trailers and/or trailers for transporting recreation vehicles or equipment with a limit of one per lot.
(2)
Trucks. Pickup or van-type trucks with a limit of one such commercially licensed vehicle of one ton capacity or less, per lot or, on the case of multifamily dwellings, one such vehicle per dwelling unit.
O.
Pool, permanent and portable:
[Amended 8-11-2015 by Ord. No. 1545]
(1)
It shall be accessory to a principal, noncommercial dwelling.
(2)
It shall be on the same lot as the principal structure.
(3)
It shall be erected a distance not less than 20 feet from front and 10 feet from rear lot lines nor less than 10 feet from any side lot line, principal structure or accessory structure attached thereto. No pools shall be erected anywhere in the front yard.
(4)
All pools erected in the ground and all pools erected aboveground with less than four-foot-high sides shall be fully enclosed by a minimum five-foot-high chain-link or other solid-type fence. Such fencing shall be equipped with a self-closing and self-locking gate operable from the inside only and/or detachable key from the outside.
(5)
All pools erected above ground with sides four feet or higher are not required to be enclosed by fence but must be equipped with a swing-up locking type safety ladder.
(6)
All electrical circuits servicing the pool, pool hardware, and area surrounding the pool shall meet the requirements of the current National Electrical Code.
(7)
Installation, construction, and maintenance of any pool and its equipment shall meet the requirements of the current BOCA National Building Code and any applicable Borough codes.
(8)
All pumping, cleaning, filtering and screening devices and water supply and discharge shall be of a type and source approved by local and/or state health department authorities.
(9)
Spotlights and/or floodlights shall be so placed and suitably shielded as not to cast light or reflect upon adjacent properties.
§ 550-36 Public/Institutional District use provisions.
Any permitted uses in the Public/Institutional District that are also permitted in the residential districts must comply with the additional criteria provisions outlined in § 550-35
§ 550-37 Central Business District use provisions.
A.
Eating and drinking establishments. All kitchen windows or exhaust fans are a minimum of 50 feet from a residential structure.
B.
Parking lot and/or parking structure: shall comply with the provisions set forth in § 550-35K with the exception that there shall not be any vehicle parked within 15 feet of the property line of any residential zoning district.
E.
Car washes.
(1)
The site shall have a minimum frontage of 100 feet and a minimum area of 10,000 square feet.
(2)
Any such use, or vehicular access thereto shall not be located within 50 feet of any residential zoning district, nor any school, playground, church, hospital or public library if the use is located along the same street and on the same block.
(3)
Separate entrance and exit driveways shall be provided, and these shall be limited to a maximum of one of each on each abutting street or alley. The entrance and exit driveways shall not be less than 50 feet apart at the street or alley right-of-way.
(4)
Entrance and exit driveways shall be located no closer than 25 feet from the intersecting right-of-way lines of street intersections, and these access driveways shall not exceed 20 feet in width nor be less than 10 feet in width within 10 feet of the curb or drive entrance.
(5)
They shall provide sufficient off-street parking for waiting cars. The parking or standing area shall be situated on the property outside the washing facilities and be of sufficient size to accommodate at least 1/3 the hourly capacity (or hourly turnover) of the car wash plus a reserve of 20% of the hourly capacity to accommodate peak demand periods. "Hourly capacity," in this instance, shall mean the greatest number possible of automobile washes that can be provided in one hour. Minimum width of driveways and stacking lanes for waiting cars shall be 10 feet.
(6)
They shall provide an area of at least 800 square feet beyond the exit end of the washing buildings to be used for hand-finishing operations of the washing process.
G.
Dwelling units.
(1)
They shall be located above the first floor of the commercial occupant or use, or in the case of commercial uses which occupy more than one floor, above the last occupied floor of the commercial use.
(2)
Entrance shall be separate from the commercial use.
(3)
Permitted apartments shall provide a minimum of 550 square feet of floor area per dwelling unit and shall comply with floor area standards of the R-3 and RM-3 Zoning Districts.
I.
Parking and loading facilities: as provided for in Article XII. Where it is clearly impractical to provide off-street parking and loading facilities within the Central Business Zoning District and where in the opinion of the Zoning Officer such requirements are adequately met in existing on-street or public parking facilities, such parking and loading requirements as contained herein may be waived.
K.
Provisions of any permitted use in the central business zoning district.
(1)
For commercial uses located on corner lots where the side street is predominantly residential and the main street commercial, any commercial structure shall front on the main street.
(2)
Any business, servicing or processing shall be conducted within a completely enclosed building, except for parking and loading facilities and for drive-in type establishments offering goods or services to customers waiting in parked motor vehicles.
(3)
Any display of goods shall be in back of the setback building line.
(4)
All accessory storage of junk, waste, discarded or salvaged material, machinery or equipment, including automobile, truck or other vehicle parts shall not be permitted except within a completely enclosed structure.
(5)
It shall be carried on only in buildings classified as fire-resistant and be carried on in such a manner with such precautions against fire and explosion hazards as to produce no exposure hazards to an adjacent property.
(6)
It shall not emit any noxious, toxic or corrosive fumes or gases and shall not emit any offensive odors.
(7)
It shall provide necessary shielding or other protective measures against interference occasioned by mechanical equipment, or uses or processes with electrical apparatus.
L.
Home occupations. They are permitted for a residential use, provided they comply with the criteria set forth in § 550-35K.
M.
Medical marijuana dispensary and grow facilities.
[Added 7-9-2018 by Ord. No. 1579]
(1)
Medical marijuana grow facilities are hereby prohibited in all Central Business Zoning Districts. Medical marijuana dispensary facilities are hereby approved in all Central Business Zoning Districts so long as the facility and organization meets and/or exceeds the minimum criteria set forth in the Pennsylvania Medical Marijuana Act of 2016.[1]
[1]
Editor’s Note: See 35 P.S. § 10231.101 et seq.
(2)
Medical marijuana dispensary and grow facilities shall not be located within 1,000 feet of the boundary of any public, private, or parochial schools inclusive of all day-care facilities. The distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the facility is located to the property line of the protected use.
§ 550-38 Commercial-Residential Zoning District use provisions.
A.
Any permitted uses in the Commercial-Residential Zoning District that are also permitted in the Residential Districts must comply with the additional criteria provisions outlined in § 550-35.
B.
Retail business, service establishments and eating and drinking establishments.
(1)
If the proposed use will occur within an existing building, there shall be no limit to the floor area of the proposed uses. The existing building may be expanded only to the extent that the total building footprint of the existing building plus the expansion combined shall not exceed 6,500 square feet in the CR-1 district (15,000 square feet in the CR-2 district), not including basement.
(2)
If the proposed use will occur within a new building, the building footprint for the principal use shall not exceed 6,500 square feet in the CR-1 District or 15,000 square feet in the CR-2 District.
(3)
If the proposed use will be a planned development containing multiple establishments on a single lot or combination of contiguous lots, the building footprint of each establishment devoted to uses described in Subsection B(2) shall not exceed 6,500 square feet in the CR-1 District or 15,000 square feet in the CR-2 District.
C.
Rehabilitation center.
(1)
Such facility shall be medically related and shall provide twenty-four-hour supervision.
(2)
Such facility shall be limited to a maximum of eight occupants or residents.
(3)
Such facility shall be licensed by the State of Pennsylvania.
(4)
Such facility shall not accept as clients sexual deviants, psychotics, the severely mentally retarded, those who have demonstrated a known pattern of violence or criminal offenders.
(5)
Such facility shall be limited to one per residential block within the CR-1 or CR-2 Zoning Districts.
(6)
Such facility shall conform with all applicable local building codes.
D.
Provisions of any permitted use in the Commercial-Residential Zoning District.
(1)
For commercial uses located on corner lots where the side street is predominantly residential and the main street commercial, any commercial structure shall front on the main street.
(2)
Any business, servicing or processing shall be conducted within a completely enclosed building, except for parking and loading facilities and for drive-in type establishments offering goods or services to customers waiting in parked motor vehicles.
(3)
Any display of goods shall be in back of the setback building line.
(4)
All accessory storage of junk, waste, discarded or salvaged material, machinery or equipment, including automobile, truck or other vehicle parts shall not be permitted except within a completely enclosed structure.
(5)
It shall be carried on only in buildings classified as fire-resistant and be carried on in such a manner with such precautions against fire and explosion hazards as to produce no exposure hazards to an adjacent property.
(6)
It shall not emit any noxious, toxic or corrosive fumes or gases or any offensive odors.
(7)
It shall provide necessary shielding or other protective measures against interference occasioned by mechanical equipment, or uses or processes with electrical apparatus.
(8)
Areas of property not covered by buildings, structures, paved areas, driveways or walkways shall be planted with grass or other appropriate ground cover vegetation.
(9)
Uses and/or development shall provide landscaping in accord with the following sections in order to eliminate or minimize nuisances that occur between adjacent land uses or between land uses and adjacent streets such as dirt, litter, pollution, noise, glare of lights, excessive heat, signs, unsightly buildings or parking areas, or danger from fires or explosions. These requirements shall apply where a new use/development is proposed on vacant land, where a use or development in existence prior to these regulations will be expanded in gross floor area by 50% or greater, or where an existing use/development is removed and a new use/development is proposed.
(a)
Where any permitted nonresidential use will abut a residential use, a buffer strip at least 10 feet wide shall be provided and maintained along the entire length of the property line which separates the nonresidential use from the residential use. Buffer strips shall:
[1]
Contain a sight-obscuring planting of shrubs and/or bushes of a variety that keep green leaves year round and will maintain full, dense growth from the ground up to a height of between four feet and six feet. Plants shall be spaced to provide full, dense coverage without interruption.
[2]
Contain a planting of understory trees such as dogwood, crab apple, or other equivalent varieties which grow to heights of maturity of not more than 25 feet. Trees shall be spaced evenly. Six trees shall be provided for each 100 feet of linear distance.
(b)
Off-street parking areas for nonresidential and multifamily residential uses shall provide landscaping and screening as follows:
[1]
Screening shall be provided in accord with § 550-45A(4) of this chapter.
[2]
A minimum five-foot wide landscape planting strip shall be provided where the parking lot abuts a street, excluding alleys.
[3]
At least 5% of the interior parking area shall be landscaped with plantings and one tree for each 10 parking spaces installed. Interior parking lots plantings are required exclusive of other planting requirements. At least 50% of all planting shall occur between the front face of the structure(s) and the street on which the structure(s) fronts.
[4]
Landscaping shall be located in protected areas such as along walkways, in center islands, at the ends of parking bays or between parking spaces. All landscaping shall be placed so that it does not obstruct sight distance for automobiles moving within the parking lot or entering and exiting the parking lot.
[5]
Plant types shall include a mixture of hardy flowering and/or decorative evergreen and deciduous trees. Evergreens should be used along the perimeter of the parking lot for screening and deciduous trees should be used for shade within the parking lot.
(c)
Areas of buffer strips or landscape plantings not covered by plantings shall be planted with grass or other full ground cover vegetation or mulched. Such areas shall not be used for buildings, parking, storage of vehicles, equipment or materials, nor for any other use incompatible with their purpose.
(d)
Installation and maintenance of buffer and landscaping areas shall be the responsibility of the permit applicant or subsequent property owners. Installation must be completed prior to issuance of a certificate of use and occupancy by the Zoning Officer. Plantings shall be maintained in healthy condition and dead or diseased plants shall be removed and replaced no later than next planting season. Buffer and landscape areas shall be kept mowed and free of weeds, tall grass, rubbish and debris.
E.
Medical marijuana dispensary and grow facilities.
[Added 7-9-2018 by Ord. No. 1579]
(1)
Medical marijuana grow facilities are hereby prohibited in all Commercial-Residential Zoning Districts. Medical marijuana dispensary facilities are hereby approved in all Commercial-Residential Zoning Districts so long as the facility and organization meets and/or exceeds the minimum criteria set forth in the Pennsylvania Medical Marijuana Act of 2016[1] and meets the minimum criteria set forth in Article VII, § 550-25, Intent, of the Borough of Greenville's Zoning Ordinance.
[1]
Editor’s Note: See 35 P.S. § 10231.101 et seq.
(2)
Medical marijuana dispensary and grow facilities shall not be located within 1,000 feet of the boundary of any public, private, or parochial schools inclusive of all day-care facilities. The distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the facility is located to the property line of the protected use.
§ 550-39 Light Manufacturing and Industrial Zoning District use provisions.
E.
Adult entertainment establishments.
(1)
Purpose and legislative intent. The location of adult entertainment establishments is of vital concern to the Borough Council of Greenville Borough especially when the location is in or near areas where minors may learn, play, pass by or would be exposed to the advertising, window displays or general atmosphere accompanying the operation. Thus, it is a firm belief of the legislative body that it has a vital duty and role to protect the moral fiber and standards of Borough residents, in particular the minors of the community. Borough Council in enacting these regulations relative to adult entertainment establishments exercise the power which has been granted to them. The Borough Council does not attempt or intend to absolutely prohibit adult entertainment establishments in the Borough but rather seek to regulate matters to promote, protect and facilitate the public health, safety, morals and general welfare of all of the residents of Greenville Borough.
(2) ADULT ENTERTAINMENT ESTABLISHMENTS(a) [1] [2] (b) [1] [2] (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES(a) (b) (c)
Definitions. It is the purpose of this subsection, together with its subsections, to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist any interpretations of said provisions and to insure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be construed as defined in the following subsections and subsections unless from the context a different meaning is clearly intended. The following definitions are intended to supplement the definitions contained in Article XVII:
ADULT BOOKSTOREAny establishment having as a substantial or significant portion (25% or greater) of its stock in:
Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas;
A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.
ADULT MINI MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five but less than 50 persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOA motel or similar establishment, offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or descriptions of specified sexual activities or specified anatomical areas.
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or descriptions of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE ARCADEAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
BATH HOUSEAn establishment or business which provides the services of baths of all kind, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner for the purpose of this chapter shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
MASSAGE PARLORAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
OUTCALL SERVICE ACTIVITYAn establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
SEXUAL ENCOUNTER CENTERAny business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical area, excluding psychosexual workshops, operated by a medical practitioner as defined below, licensed by the commonwealth, to engage in sexual therapy. Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Showing of human genitals in a state of sexual stimulation or arousal;
Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus or any other specified sexual activity prohibited by law;
Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
(3)
Minimum spacing and proximity requirements.
(a)
No adult entertainment shall be located within 1,000 feet of any other adult entertainment establishment.
(b)
No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:
[1]
No such establishment shall be located within 1,000 feet of a dwelling.
[2]
No such establishment shall be located within 5,000 feet of schools, including public and private educational facilities, and school bus stops;
[3]
No such establishment shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:
[a]
Amusement park;
[b]
Camp (for minors' activities);
[c]
Child-care facility;
[d]
Church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
[e]
Community center;
[f]
Museum;
[g]
Park and playground;
[h]
Other lands where minors congregate.
(c)
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the nearest point on the property line of each establishment. The distance between any adult entertainment establishment and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the nearest point on the property line of the adult entertainment establishment to the closest point on the property line of said land use.
(4)
Visibility from the street, no person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock-in-trade which depicts, describes or relates to specified sexual activities and/or specified anatomical areas as defined herein, to be viewed from the street, sidewalk or highway.
(5)
Sign requirements for adult entertainment establishments.
(a)
All signs shall be flat wall signs.
(b)
The gross surface area of a wall sign shall not exceed 5% of the area of the wall of which such sign is a part of.
(c)
No signs shall be placed in any window. A one-half-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
F.
Provisions of any permitted use in the Light Manufacturing and Industrial Zoning Districts.
(1)
It shall be carried on only in buildings classified as fire-resistant and be carried on in such a manner with such precautions against fire and explosion hazards as to produce no exposure hazards to any adjacent property.
(2)
It shall not emit any offensive odors, or noxious, toxic, or corrosive fumes or gases.
(3)
It shall provide necessary shielding or other protective measures against interference occasioned by mechanical equipment, or uses or process with electrical apparatus, to nearby residences.
(4)
Where any permitted nonresidential use abuts a residential zoning district or use, suitable screening, as defined in Article XVII, shall be installed.
(5)
It shall comply with all applicable local, state or federal air and water quality standards.
(6)
Storage of materials used in manufacturing and industrial processes may be allowed outside in the rear yard, so long as a thick hedge, solid fence or wall is provided along the rear and side lot lines. The hedge, fence or wall shall block visibility of the stored materials and be between four feet and six feet in height.
G.
Medical marijuana dispensary and grow facilities.
[Added 7-9-2018 by Ord. No. 1579]
(1)
Medical marijuana dispensary and grow facilities are hereby approved in all Light Manufacturing and Industrial Zoning Districts.
(2)
Medical marijuana dispensary and grow facilities shall not be located within 1,000 feet of the boundary of any public, private, or parochial schools inclusive of all day-care facilities. The distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the facility is located to the property line of the protected use.