North Lebanon Township
City Zoning Code
City Zoning Code
PART 23
ADULT BOOK STORES, ADULT MOTION PICTURE THEATERS AND CABARETS
§ 27-2301 Definitions.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 01-1991, 3/1/1991, § 3]
ADULT BOOK STORE
A commercial establishment having as a substantial or significant portion of its stock in trade, books, magazines, photographs or other materials which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION PICTURE THEATER
An establishment used for presenting motion pictures distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified anatomical areas" (as defined below) for observation by patrons therein.
CABARET
A club, bar, tavern, theater, hall or similar place which features topless or bottomless dancers, entertainers, or employees, strippers, simulated sex acts, live or actual sex acts, or similar entertainers or entertainments.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse, or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
§ 27-2302 Prohibition in Residential Zones.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 01-1991, 3/1/1991, § 3]
It shall be unlawful to establish an adult book store or adult motion picture theater or cabaret in any residential zone.
§ 27-2303 One Thousand Feet Separation Required.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 01-1991, 3/1/1991, § 3]
It shall be unlawful to establish an adult book store, an adult motion picture theater, or cabaret within 1,000 lineal feet of any existing adult book store, adult motion picture theater, or cabaret.
§ 27-2304 Allowance as Special Exception.
[Ord. 6-4-84, 6/4/1984; as added by Ord. 01-1991, 3/1/1991, § 3]
1.
It shall be unlawful to establish an adult book store, adult motion picture theater, or cabaret within 1,000 feet of any school, church, or residential zone, except as a special exception in accordance with the procedure set forth in § 27-2302. The Zoning Hearing Board may authorize the establishment of an adult book store, adult motion picture theater, or cabaret within 1,000 feet of a school, church, or residential zone as a special exception only if the following findings are made by the Board:
A.
The applicant has presented to the Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within the radius of 1,000 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius, and must supply a list of all addresses at which no contact was made. The circulator of the petition shall have subscribed to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose names appear thereon.
B.
The proposed use will not adversely affect the safe and comfortable enjoyment of properties in the neighborhood and will not be detrimental to the general character of the area.
C.
The establishment of the proposed use in the area will not be contrary to any program of neighborhood conservation and will not interfere with any program of urban renewal.
D.
The conditions set forth in § 27-2304 relating to special exceptions will be met.
E.
All other applicable regulations of this chapter will be observed including §§ 27-2302 and 27-2303 of this Part.
