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 the 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 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.

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 the 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.

Any person who operates a sexually oriented business without a valid permit issued by the City is guilty of a violation of the Zoning Chapter.

An application for a permit to operate a sexually oriented business must be made on a form provided by the Zoning Officer. 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.

The applicant must be qualified according to the provisions of this chapter, and the premises must be inspected and found to be in compliance with the law by the Zoning Officer.

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 ten-percent-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.

The fact that a person possesses other types of City permits does not exempt the person from the requirements of obtaining a sexually oriented business permit.

The Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of a written application unless he finds one or more of the following to be true:

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.

The Zoning Officer shall complete the certification that the premises are in compliance or not in compliance within 30 days of receipt of the application to the Zoning Officer. The certification shall be promptly presented to the Zoning Officer.

An applicant, permittee, or employee of the permittee shall permit the Zoning Officer 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.

A person who operates a sexually oriented business or his agent or employee violates the Zoning Chapter if he refuses to permit such lawful inspection of the premises at any time it is open for business.

Each permit shall expire two years from the date of issuance and may be renewed only by making application as provided in § 166-76. 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.

If the Zoning Officer denies renewal of a license, 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 Zoning Officer finds that the basis for denial of the renewal permit has been corrected or abated.

The Zoning Officer shall revoke a permit if a cause of suspension set forth in § 166-80 occurs and the permit has been suspended within the preceding 12 months.

The Zoning Officer shall also revoke a permit if he determines that:

When the Zoning Officer 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 become 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 felony.

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 decisions shall be sent, in writing, to the applicant, licensee or permitee. All such decisions which deny, refuse to 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 to the procedures of the Local Agency Law (2 Pa. C.S.A. § 101 et seq.) to the City of Latrobe Zoning Hearing Board, except as modified herein. Any such appeal must be filed, in writing, with the Zoning Officer, within 30 days from the date of the mailing of the decision appealed from and shall specify, in detail, the basis for the appeal. Failure or refusal to file said appeal or specify the basis of said appeal with the Zoning Officer shall be deemed a conclusive determination as to the issue or matters addressed by the written decision. If an appeal is timely filed, the Zoning Hearing Board will then hold a Local Agency Law hearing pursuant to 2 Pa. C.S.A. § 101 et seq. within 30 days from the date the appeal is filed and will render a written decision within 20 days from the date such hearing concludes. In the case of a denial or renewal, or in the case of a permit suspension or revocation, the permittee may continue to operate to the same extent as immediately prior to the suspension or revocation until the earlier of:

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., any person aggrieved by a decision of the Zoning Hearing Board may appeal to a court of competent jurisdiction pursuant to the Local Agency Law (2 Pa. C.S.A. § 101 et seq.) and 42 Pa. C.S.A. § 933(a)(2). The Zoning Hearing Board shall, upon filing of such an appeal, consent to any request by a permit applicant or permittee to the court to give expedited review of such an appeal. The Zoning Hearing Board shall certify any record to the court within 20 days after the appeal is filed. In the case of a denial of a permit renewal, or in the case of a permit suspension or revocation, the permittee may continue to operate to the same extent as immediately prior to the denial, suspension or revocation until the earlier of the expiration of the thirty-day appeal period without filing of an appeal; or the date of a decision dismissing an appeal by a court of competent jurisdiction.

A person is guilty of a violation of the Zoning Chapter 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 I-2 Industrial Zone. Hours of operation shall be from 8:00 a.m. to 10:00 p.m., Monday through Saturday. No hours of operation, shall be permitted on Sundays and legal holidays.

A person is guilty of a violation of the Zoning Chapter if he operates or causes to be operated a sexually oriented business within 1,000 feet of a church, a public or private pre-elementary, elementary or secondary school, a public library, a child-care facility or nursery school, a public park or playground, a child-oriented business, a college and/or public or private university, and any residentially zoned district in the City.

A person is guilty of a violation of the Zoning Chapter 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.

For the purposes of this article of the Zoning Chapter of the Code of the City of Latrobe, 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 pre-elementary, 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.

For the purposes of this section of this article of the Zoning Chapter of the Code of the City of Latrobe, 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.

Any sexually oriented business lawfully operating on date of enactment of this article that is in violation of any part of this section (§ 166-83) 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 provision 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 from 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.

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 pre-elementary, elementary or secondary school, public library, child-care facility, child-oriented business, nursery school or public park within 1,000 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.