Harris Township City Zoning Code
ARTICLE XVI
Adult Business Use
§ 12-16.1 Conditional use provisions.
Adult business uses, as defined herein, will be permitted in the Township's General Commercial (C-1) District, and only as a conditional use subject to the specific criteria expressed in this and other applicable ordinances.
§ 12-16.2 Procedures.
A.
A conditional use permit for adult businesses will be issued by the Harris Township Board of Supervisors, providing the following specific conditions are met:
(1)
Applications for a conditional use permit for an adult business will be submitted to the Township office at least 15 business days prior to the next regular meeting of the Township Board of Supervisors. At that meeting, the Board of Supervisors will receive the application and refer all 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 will establish the date, time, and place for a public hearing on the application.
(a)
The applicant will provide public notice, as defined by the Pennsylvania Municipalities Code,[1] concerning the public hearing for the proposed adult business use. This public notice will 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 will establish the time, date, and place of the hearing and will describe the proposal in general terms. This public notice will be in the following form:
Notice of Conditional Use Application for an Adult Business in Harris Township.
Public notice is hereby given that the Harris Township Board of Supervisors has received a conditional use application for a proposed adult business use to be located at (provide address), tax parcel #25_____-_____. The Board of Supervisors will hold a public hearing on _______________ at the Harris Township Municipal Building, 224 East Main Street, Boalsburg, 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 Harris Township Municipal Office and at this newspaper. For more information, please contact the Zoning Officer at 814-466-6228, or the applicant at (provide telephone number and contact person).
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(b)
In addition to the public hearing notice, the applicant will 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. A copy of the mailing list will be provided to the applicant by the Township. Copies of the certified mail return receipts will be provided to the Township by the applicant. The public hearing will 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.
(c)
The Planning Commission will 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 will 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 and other applicable ordinances.
(d)
At the first regular or special meeting of the Board of Supervisors subsequent to the Board's conducting the public hearing, the Board will take action on the 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 the disapproval. Written notification of the Board's action, with reasons, will be mailed to the applicant by the Township within five days of the action by the Township Board of Supervisors.
B.
All applications for an adult business conditional use permit will be accompanied by a site plan as per § 12-9.3. In addition to all established site plan requirements, site plans for adult business proposals will include the following:
(1)
Adult business use intended.
(2)
The location and elevations of all buildings, structures, walls, fences and landscaping on the site.
(3)
Off-street parking areas and traffic circulation patterns.
(4)
All signs, displays, and advertising, including locations.
§ 12-16.3 Other requirements.
A.
All storage and displays will be located within the building.
B.
All business transactions on the premises will be conducted within the building.
C.
No exterior changes, excluding maintenance, to a building proposed to be used for an adult business can be made without addressing the zoning permit requirements of § 12-9.2 of this chapter.
D.
All new construction should be consistent with the scale and architectural styles of the buildings surrounding the site proposed for adult business use.
E.
Advertisements, displays or other promotional materials of specific sexual activities or specified anatomical areas will not be shown or exhibited 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.
G.
All adult business uses will comply with the Township's outdoor illumination requirements contained in § 12-7.6 of this chapter.
§ 12-16.4 Signs and other visible messages.
In addition to the regulations Article XIV, Signs, and applicable state laws, the following will apply to all adult business uses:
A.
Sign messages will be limited to written description of material or services available on the premises.
B.
Sign messages may not include any graphic or pictorial depiction of material related to specific sexual activities or specified anatomical areas.
§ 12-16.5 Location requirements.
A.
No adult business use will be located within 1,000 feet of any other existing adult business use, measured from the property lines of the lot where the adult business is located.
B.
To provide protection for the youth of the community and public health, safety and welfare, no adult business will be located within 250 feet of the lots where the following uses are located:
(1)
Churches, monasteries, chapels, synagogues, convents or rectories.
(2)
Schools up to and including the 12th grade and their adjunct play areas.
(3)
Public playgrounds, public parks, public swimming pools and public libraries.
(4)
Day-care facilities.
C.
All adult business uses will 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 the following table. The following plantings will be required along the property boundaries of the adult business use:
Adjacent Land Use | Plantings Required Per 100 Linear Feet |
|---|---|
Class I and II | 4 canopy trees 6 understory trees 12 evergreen trees Fence |
Class III and IV | 3 canopy trees 4 understory trees 8 evergreen trees |
Class V | 2 canopy trees 4 understory trees 4 evergreen trees |
(1)
When adult businesses are located adjacent to a residential use or zoning district, the required fence will be opaque and at least six feet in height. 70% of the required plantings will be placed between the property line shared with the residential use or zoning district and the required fence.
§ 12-16.6 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 the use will be dependent on the conditions established under the permit and this chapter. In the event of a change of conditions or noncompliance of conditions, the Board will 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.
