Halfmoon Township City Zoning Code
ARTICLE XX
Adult Business Uses
§ 255-90 Conditional use provisions.
Adult business uses, as defined herein, shall be permitted in the Township's Industrial (M-1) Zoning Districts, and only as a conditional use subject to the specific criteria expressed in this article and other applicable ordinances.
§ 255-91 Procedures.
A.
A conditional use permit for adult businesses shall be issued by the Halfmoon Township Board of Supervisors, providing the following specific conditions are met:
(1)
Applications for a conditional use permit for an adult business shall be submitted to the Township office at least 15 days prior to the next regular meeting of the Township Board of Supervisors. At that meeting, the Board of Supervisors shall receive the application and all information required by this section. The Board of Supervisors shall refer this information to the Township Planning Commission for review before taking action on the conditional use permit application.
(2)
Upon receipt of an application for an adult business conditional use permit, the Board of Supervisors shall establish the date, time and place for a public hearing on the application.
(a)
The applicant shall provide public notice, as defined by the Pennsylvania Municipalities Code, concerning the public hearing for the proposed adult business use. This public notice shall be published at least once in a newspaper with general circulation in the municipality not less than 10 days nor more than 20 days from the date of the hearing. The notice shall establish the time, date and place of the hearing and shall describe the proposal in general terms. This public notice shall be in the following form:
Notice of Conditional Use Application for an Adult Business in Halfmoon Township
Public notice is hereby given that the Halfmoon Township Board of Supervisors has received a conditional use application for a proposed adult business use to be located at (provide address), Tax Parcel No. 17-_____-_____. The Board of Supervisors will hold a public hearing on _____ at the Halfmoon Township Municipal Building, 100 Municipal Lane, Port Matilda, PA 16870 to receive public input on this application. A copy of the conditional use application and supporting materials is available for review prior to the hearing at the Halfmoon Township Municipal Office and at this newspaper. For more information, please contact the Zoning Officer at 692-9800, or the applicant at (provide telephone number and contact person).
(b)
In addition to the public hearing notice, the applicant shall provide, via certified mail, a written notice to the owners of all property within 200 feet of the site proposed for the adult business use. The Township shall provide a copy of the mailing list to the applicant. Copies of the certified mail return receipts shall be provided to the Township by the applicant. The public hearing shall be held no later than 60 days following the meeting at which the Township Board of Supervisors receives an application for the adult business use.
(3)
The Planning Commission shall review the application at its next legally advertised regular meeting following the receipt of the application from the Board of Supervisors. Within 10 days of the Planning Commission meeting, the Planning Commission shall submit a written report to the Board presenting its findings on the conformity of the adult business conditional use permit application with the requirements of this article and other applicable ordinances.
(4)
At the first regular or special meeting of the Board of Supervisors subsequent to the Board's conducting the public hearing, the Board shall take action on such application. The Board may approve the conditional use permit subject to specific conditions or changes, or may disapprove the conditional use permit with a specific list of reasons for such disapproval. The Township therefor shall mail written notification of the Board's action with reasons to the applicant within five days of said action by the Township Board of Supervisors.
B.
All applications for an adult business conditional use permit shall be accompanied by a site plan as per Articles II and III of Chapter 215, Subdivision and Land Development, of the Code of the Township of Halfmoon. In addition to all established site plan requirements, site plans for adult business proposals shall include the following:
§ 255-92 Other requirements.
A.
All storage and displays shall be located within the building.
B.
All business transactions on the premises shall be conducted within the building.
D.
All new construction should be consistent with the scale and architectural styles of the buildings surrounding the site proposed for an adult business use.
E.
Advertisements, displays or other promotional materials of specific sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
F.
In adult mini motion-picture theaters, no openings are permitted through walls separating private viewing booths.
§ 255-93 Signs and other visible messages.
In addition to the regulations of the Article XI, Signs, and applicable state laws, the following shall apply to all adult business uses:
§ 255-94 Location requirements.
A.
No adult business use shall be located within 1,000 feet of any other existing adult business use, measured from the property lines of the lot on which the adult business use is located.
B.
To provide protection for the youth of the community and public health, safety and welfare, no adult business use shall be located within 1,000 feet of the lots on which the following uses are located:
C.
Plantings; fence requirements.
(1)
All adult business uses shall incorporate landscape plantings along all perimeter property boundaries. The number of plantings required will be determined based on the type of adjoining land use as defined in Table 1, Land Use Classifications. The following plantings will be required along the property boundaries of the adult business use:
Adjacent Land Use | Plantings/Fencing Required (per 100 linear feet) | Width (feet) |
|---|---|---|
A-1 and R-1 | 4 canopy trees 6 understory trees 12 evergreen trees Fence, total length of property | 100 |
C-1 | 3 canopy trees 4 understory trees 8 evergreen trees | 75 |
L-1 and M-1 | 2 canopy trees 4 understory 4 evergreen trees | 50 |
(2)
When adult businesses are located adjacent to a residential use or zoning district, the required fence shall be opaque and at least six feet in height. Seventy percent of the required plantings shall be placed between the property line shared with the residential use or zoning district and the required fence.
§ 255-95 Termination or modification of conditional use permit.
A.
When a conditional use permit for an adult business use is authorized by the Township Board of Supervisors, the continuation of such use shall be dependent upon the conditions established under the permit and this chapter; in the event of a change of conditions or noncompliance of conditions, the Board shall have the responsibility and right to terminate or revoke the conditional use permit.
B.
Any modification to a conditional use permit must be approved by the Board of Supervisors using the same procedures outlined for approval of a conditional use permit.