Norwood City Zoning Code
PART 2
Additional Zoning Regulations
[Adopted 3-26-2007 by Ord. No. 2007-5 (Ch. 90, Part 2, Art. XXI, of the 1967 Codification)]
Appendix A, Permitted Uses by District
Appendix B, Zoning District Regulations
Appendix C, Sign Design Guidelines
Appendix D, Green Building Guidelines
Appendix E, Zoning Illustrations
§ 300-174 Purpose and objectives.
A.
Being located along a main highway, this new HC-A Highway Commercial-A District shall allow a variety of pedestrian-oriented and auto-oriented commercial uses by right and adult uses by conditional use permit.
B.
Because adult uses tend to bring with them secondary concerns that impact the health, safety, and general welfare of Norwood Borough, the Borough desires to limit the location where such uses may locate to the HC-A Highway Commercial-A District (Ordinance No. 2007-2[1]) and to enact provisions designed to minimize these secondary effects on the Borough as per this article.
[1]
Editor's Note: Ordinance No. 2007-2, adopted 3-26-2007, changed the zoning classification of five contiguous properties located at the corner of Chester Pike and Summit Avenue from the Business District to a new HC-A Highway Commercial-A District.
C.
The Borough does not intend to suppress activities protected by the First Amendment of the United States Constitution but instead to address these secondary effects. Neither is it the intent of this article to condone or legitimize the distribution of obscene material.
D.
The purpose of the provisions in the sections below is to prevent or minimize secondary effects, which include difficulties for law enforcement, municipal maintenance, trash, declines in business, increased crime, particularly corruption of the morals of minors, and prostitution, which encourage residents to move elsewhere.
§ 300-175 Adult uses permitted.
A.
Adult uses, as defined in § 300-176, shall be permitted only in the HC-A Highway Commercial-A District. The district shall be located in an area extending from the east side of Chester Pike to the west side of an alley between Chester Pike and Mohawk Avenue. Its northern boundary shall be a lot line between said alley and Chester Pike. The district shall be delineated as shown on Attachment A of Ordinance No. 2007-2,[1] which changes the existing zoning classification from the Business District to the HC-A Highway Commercial-A District.
[1]
Editor's Note: Said attachment is on file in the Borough offices.
B.
Adult uses shall be permitted only when authorized as a conditional use by the Norwood Borough Council, subject to this article.
§ 300-176 Definitions pertaining to adult uses.
For the purposes of this article, the terms listed below shall have the following meanings:
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment where 15% or more of the sales floor area is devoted to books, magazines, periodicals, or other printed matter, photographs, motion pictures, videocassettes, slides, or other visual representations that contain or depict material characterized by the depiction or description of specified sexual activities or specified anatomical areas. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be characterized as an adult bookstore or adult video store. Such other business purpose or inventory will not serve to exempt such establishments from being categorized as an adult bookstore or adult video store so long as one of its business purposes is the offering for sale or rental for consideration the materials characterized by the description or depiction of specified sexual activities or specified anatomical areas.
CODE ENFORCEMENT OFFICER
A duly appointed Borough official empowered to administer and enforce this article and other codes, ordinances, and regulations of the Borough.
ESTABLISHMENT
This term denotes the following:
A.
Any use which contains or proposes to contain an adult use.
B.
The opening or commencement of any adult use as a new business.
C.
The conversion of an existing establishment, whether sexually oriented or not, to any sexually oriented business.
D.
The addition of any sexually oriented business to any other sexually oriented business.
E.
The relocation of any sexually oriented business.
GROSS FLOOR AREA
The sum of the gross horizontal areas of a building, measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where floor-to-ceiling height is less than six feet.
SALES FLOOR AREA
The part of the total floor area that is devoted to the display and sale of products.
SECONDARY EFFECTS OR IMPACTS
Impacts from adult uses that include difficulties for law enforcement, municipal maintenance, trash, declines in business, and increased crime, particularly corruption of the morals of minors, and prostitution.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
The fondling or touching of human genitals, pubic region, buttocks, anus, or female breasts.
B.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.
C.
Excretory functions as part of or in connection with any of the activities set forth in Subsections A and B above.
§ 300-177 Uses permitted by right.
Land, buildings, or premises shall be used by right for only one or more of the following uses. However, any use listed below with a lot area greater than 25,000 square feet shall require a conditional use permit.
A.
Retail store.
B.
Convenience store.
C.
Personal service shop.
D.
Standard restaurant (indoor sit-down).
E.
Drive-through restaurant, bank, or similar drive-through business, including a remote automated teller machine and standard walk-in or sit-down business.
F.
Caterer.
G.
Data processing, telecommunications.
H.
Establishment that contains both a workshop and a retail outlet or showroom, provided that the workshop is in the rear half of the building.
I.
Trade shop, such as electrician, carpenter, plumber, or similar practitioner.
J.
Laundry or laundromat.
K.
Beverage distributor.
L.
Business and professional office, such as dental, medical, physical therapy, accountant, lawyer, and similar professions.
§ 300-178 Conditional uses.
The following uses shall be permitted as conditional uses only, subject to the applicable provisions of Ordinance No. 2007-6, Procedures and Standards for Conditional Uses,[1] and the specific sections cited below:
A.
Adult bookstore, subject to the applicable provisions of this article.
B.
Adult video store, subject to the applicable provisions of this article.
C.
Body-piercing establishment, as defined in Part 2, Article XX, Body Art Regulations, of this chapter.
D.
Tattoo parlor, as defined in Part 2, Article XX, Body Art Regulations, of this chapter.
E.
Any use that is permitted by right in § 300-177 but has a lot area of 25,000 square feet or greater, subject to Ordinance No. 2007-6.[2]
[2]
Editor's Note: Ordinance No. 2007-6, adopted 3-26-2007, was repealed 5-19-2008 by Ord. No. 2008-7. See now Art. XIV, Conditional Uses.
F.
Any use of the same general character as those permitted in § 300-177. Such use shall be permitted by Borough Council upon the recommendation of the Planning Commission, shall be consistent with the purposes of the district and shall not be detrimental to the surrounding neighborhood.
[1]
Editor's Note: Ordinance No. 2007-6, adopted 3-26-2007, was repealed 5-19-2008 by Ord. No. 2008-7. See now Art. XIV, Conditional Uses.
§ 300-179 Accessory uses and structures.
Signs, parking, and any customary accessory uses on the same lot with and customarily incidental to any of the uses permitted above and not detrimental to the area.
§ 300-180 Dimensional regulations.
The following regulations shall apply to uses by right, § 300-177, and conditional uses, § 300-178. However, in evaluating a proposal for a conditional use, Council may require greater, more stringent dimensional requirements than those listed below. Unless otherwise stated, the following shall be minimum requirements:
A.
Lot area:
(1)
Attached: 3,500 square feet.
(2)
Detached: 10,000 square feet.
B.
Lot width:
(1)
Attached: 30 feet.
(2)
Detached: 75 feet.
C.
Front yard: not less than the average setback on the block or 20 feet.
D.
Side yard(s):
(1)
Attached (end of row): 15 feet.
(2)
Detached: aggregate 30 feet, minimum 10 feet.
E.
Rear yard: 20 feet.
F.
Building coverage:
(1)
Attached: 60%, maximum.
(2)
Detached: 45%, maximum.
G.
Impervious surface:
(1)
Attached: 80%, maximum.
(2)
Detached: 70%, maximum.
H.
Height: three stories or 40 feet.
§ 300-181 Standards for uses permitted by right.
A.
Each permitted use shall provide and maintain attractively landscaped grounds and include screening necessary to protect adjacent residential properties and storage areas from streets and residences.
B.
All new construction or additions to a building or its facade shall be in harmony with the architectural character of the adjacent area in terms of style, size, proportion, and materials.
C.
All principal uses shall be completely enclosed in a building.
D.
No permanent storage of merchandise or equipment shall be permitted outside a building, and no goods or equipment shall be stored, displayed, or offered for sale in front of the front line of a building except for temporary sales or promotions lasting not more than five days. Any event or sale including display or sale in front of the front building line which exceeds three days shall require a permit from the Borough.
E.
Parking shall be provided in accordance with this chapter, and signs shall comply with Chapter 244, Signs and Billboards, of the Norwood Borough Code.
§ 300-182 Standards for adult bookstores and adult video stores.
A.
Parking.
(1)
One off-street parking space shall be provided for each 300 square feet of gross floor area.
(2)
Where possible, parking areas shall not be located in front of the principal building.
(3)
All parking areas shall be clearly line-striped.
(4)
No accumulation of trash or other debris shall be permitted to accumulate in the parking area. Such areas shall be swept clean on a daily basis and maintained in good condition.
B.
Signs.
(1)
Permitted types of signs shall be wall signs only.
(2)
Only one wall sign shall be permitted for each establishment.
(3)
The wall sign shall not exceed 20 square feet.
(4)
Signs shall not depict or display any obscene words or graphics.
(5)
The content of signs shall be limited to the name, address, and listing of products or services that the adult entertainment business provides.
(6)
Illumination of signs shall be directed at the sign only and shall not be placed so that it casts direct or excessive light on adjacent or nearby properties, streets, or sidewalks.
(7)
Not less than two "no loitering" signs shall be prominently displayed on the exterior of the adult entertainment business or at other conspicuous locations on the premises. Such signs shall have an area of not less than two square feet and not more than four square feet.
C.
Lighting.
(1)
All parking areas, driveways, and loading areas shall be lighted adequately for safety and convenience of customers, delivery vehicles, and other users. All lighting fixtures shall be shielded from street traffic and from abutting residential properties.
(2)
No neon flashing lights shall be employed at any establishment.
(3)
Lighting fixtures shall be placed to adequately illuminate all sides of the principal building housing the adult business in order to eliminate dark or inadequately lighted outdoor areas on the property.
D.
Landscaping.
(1)
Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, sidewalks, and designated storage areas shall be planted and maintained with landscaping. Maximum advantage shall be taken of existing trees and shrubs in landscaping.
(2)
All landscaped planting areas shall be planted with grass seed, sod, or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.
(3)
Landscaped planting areas may be part of required front, side, and rear yards.
(4)
A planted landscaped area shall be provided in front of the principal building and shall be not less than five feet wide.
E.
Screening.
(1)
Where a new building or addition to an existing building is proposed, a planted visual screen shall be provided at the boundary lines with all residential districts.
(2)
The planted visual screen shall consist of species indigenous to the area so as to provide a year-round visual barrier.
(3)
Such screens shall incorporate earthen mounds or berms, where possible, to improve sound as well as visual buffering.
(4)
Plants comprising a visual screen shall be at least six feet high when planted, and no plantings shall be placed closer than five feet to the property line.
(5)
The planted visual screen shall be provided and shall constitute an effective visual barrier between the adult entertainment business and adjacent uses.
(6)
Placement of screening material shall not obscure sight lines at intersections.
(7)
All mechanical equipment not enclosed in a structure shall be fully and completely screened and landscaped in a manner compatible with the style of the buildings on the site.
(8)
Upon a recommendation of the Planning Commission, an opaque privacy fence or wall may be substituted for the planted screen required above. Such alternate screening must be constructed and placed to clearly provide an effective visual barrier. Such fence shall not be less than six feet high.
F.
Trash disposal.
(1)
All refuse shall be placed in covered verminproof containers.
(2)
There shall be an opaque fence or planted visual screen to shield the refuse container from the principal use and adjacent and nearby uses, streets, and sidewalks.
§ 300-183 Permits and inspections for adult uses; violations and penalties.
The Code Enforcement Officer (CEO), upon submission to the Borough of an application, shall present the applicant with a building permit for an adult entertainment business, provided that the requirements below are followed:
A.
Permits.
(1)
A permit shall be issued only if the applicant is successful in obtaining conditional use approval for the proposed type of adult use and the application meets all use, occupancy, and other ordinance provisions.
(2)
The application for a permit to operate an adult business must be made on a form provided by the CEO of the Borough. The application must be accompanied by a sketch or diagram showing the configuration of the premises occupied by the business. The sketch or diagram need not be professionally prepared but must at least be drawn to a designated scale or drawn with marked dimensions on the interior and exterior of the premises to an accuracy of plus or minus six inches.
(3)
The applicant must be qualified according to the provisions of this article, and the premises must be inspected and found to be in compliance with all applicable ordinances by the CEO, the Fire Chief, and the police.
(4)
If a person wishes to operate an adult business as an individual, he/she must sign the application for a permit as an applicant. If the proposed operator of such 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 an applicant. If a corporation is listed as owner of an adult entertainment business or as the entity that wishes to operate such business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for a permit as an applicant.
(5)
The fact that a person possesses other types of Borough permit(s) does not exempt the person from the requirement of obtaining an adult use permit.
(6)
The CEO shall approve the issuance of a permit to an applicant within 30 days after Borough Council awards the applicant a conditional use, but the CEO will not approve a permit if he finds one or more of the following to be true:
(a)
The applicant is under 18 years of age.
(b)
The applicant is overdue on his or her Borough taxes, fees, fines, or penalties assessed against him or her in relation to the operation of an adult business.
(c)
The applicant has failed to provide information required in this article and reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
(d)
The permit fee required in this article has not been paid, or the permit fees for health, use, occupancy, or building permits have not been satisfied.
(e)
The applicant for the proposed use is in violation of or is not in compliance with any provision of this article.
(7)
The permit, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the adult entertainment business. The permit shall be posted in a conspicuous place at or near the entrance of the business so that it can be read at any time.
(8)
The permit, if granted, shall have an effective duration of one year from the date of issuance.
(9)
The CEO, Fire Chief, and the police shall complete their certification that the premises is in compliance or not in compliance within 30 days of receipt of the application by the CEO.
(10)
If the CEO denies a renewal of a permit, the applicant shall not be issued a permit for one year from the date of such denial, except that, after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the CEO finds that the basis for denial of the renewal permit has been corrected or abated.
B.
Inspection. An applicant or permittee shall permit a representative of the police, Fire Chief, or CEO or other Borough departments or agencies to inspect the premises of an adult business for the purpose of ensuring compliance with this article or other applicable laws at any time the adult entertainment business is open. These inspection departments/agencies shall certify, in writing, whether the business is in compliance.
C.
Fee. The annual fee for an adult entertainment business shall be in such amount as shall be set from time to time by resolution of the Borough Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Suspension of permit. The CEO shall suspend a permit for a period not to exceed 30 days if he or she determines that a permittee or an employee of the permittee has:
(1)
Violated or is not in compliance with any provision of this article.
(2)
Engaged in excessive use of alcoholic beverages while on the premises of the adult entertainment business.
(3)
Refused to allow an inspection of the adult business as authorized by this article.
E.
Revocation of permit.
(1)
The CEO shall revoke a permit if he determines that:
(a)
A permittee or any of the persons specified has given false or misleading information or materials submitted to the Borough during the application process.
(b)
A permittee or employee has knowingly allowed prostitution on the premises as defined by the Pennsylvania Crime Codes.[2]
[2]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
(c)
A permittee or employee of the permittee knowingly operated the adult business during a period of time when the permittee's permit was suspended or revoked.
(d)
A permittee or employee of the permittee knowingly allowed any action of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur on the permitted premises.
(e)
A permittee is delinquent in the payment of Borough or state taxes, or fees are past due.
(2)
When the CEO revokes the permit, the revocation shall continue for one year, and the permittee shall not be issued an adult entertainment business permit for one year from the date that the revocation became effective. If subsequent to the revocation the CEO finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the date the revocation became effective.
(3)
After denial of an application, denial of a renewal of an application, or suspension or revocation of a permit, the applicant, licensee, or permittee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
F.
Transfer of permit. A permittee shall not transfer his permit to another person or business entity, nor shall a permittee operate an adult business under the authority of a permit at any place other than the address designated within the application.
G.
Injunction. A person who operates or causes to be operated an adult business without a valid permit or in violation of this article is subject to an action in equity or a suit for injunction, as well as citations for violations of Part 1 of this chapter.
H.
Violations and penalties. For any violation of this article, the permittee, owner, tenant, general agent, managing company, realtor, or contractor of a building or premises where such violation has been committed or any other person who knowingly commits, takes part, or assists in any such violation or maintains any building or premises in which any such violation shall exist shall be liable, on conviction thereof, for a fine or penalty not exceeding $500, which shall be paid to Norwood Borough. However, the Magisterial District Judge may, at his discretion, commit the offender to prison in the county jail for a period not exceeding 30 days for each separate offense. Whenever such person shall have been officially notified by Norwood Borough or by service of a summons in a prosecution or in any other official manner that he is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense punishable by like fine or penalty.
§ 300-184 Purposes.
The purposes of this article are to allow and regulate tattoo parlors and body-piercing parlors in the HC-A Highway Commercial-A District and to set forth regulations, including health-related regulations, to protect the health, safety, and welfare of the public.
§ 300-185 Definitions.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person who applies to the Health Officer for either a body-piercing or tattooing establishment license or operator license.
AUTOCLAVE
An apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.
AUTOCLAVING
The process which results in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave for a minimum of 15 minutes at 15 pounds of pressure per square inch (psi) at a temperature of 270° F.
BODY ART
The practice of physical body adornment in permitted establishments by operators utilizing tattooing and/or body-piercing cosmetics.
BODY PIERCING
The process of breaching the skin or mucous membrane for the purpose of insertion of any object, including, but not limited to, jewelry for cosmetic purposes. The term includes body piercing and tattooing, with the exception of ear piercing or nail piercing.
BODY-PIERCING PERMIT
Written approval from the Health Officer or his authorized representative that said body-piercing establishment has been inspected and meets all the terms of this article relating to physical facilities, equipment, and layout for operation of such business.
DEPARTMENT
The Department of Health of the Commonwealth of Pennsylvania.
EMPLOYEE
Any person who renders any service in connection with the operation of a body-piercing or tattooing establishment and receives compensation from the operator of the business or its patrons.
ESTABLISHMENT or SHOP
An authorized premises where body-piercing and tattooing procedures are performed.
HEALTH OFFICER
A duly appointed Borough official empowered to administer and enforce this article and other codes, ordinances, and statutes of the Borough pertaining to health-related matters.
OPERATOR
Any individual, firm, company, corporation, or association that owns or operates an establishment where tattooing or body piercing is performed, and any individual who performs or practices the art of tattooing or body piercing on the person of another.
PATRON or CLIENT
Any person receiving tattooing or body piercing on his or her body as a personal service in return for compensation.
PHYSICIAN
Any person authorized to practice medicine pursuant to the laws of the Commonwealth of Pennsylvania.
SANITIZATION
The reduction of the population of microorganisms to safe levels as determined by public health officials.
SINGLE-USE ITEMS
Products or items that are intended for one-time, one-person use and are disposed of after one use for each client or customer, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves.
STERILIZATION
The process of destruction of all forms of microbial life by physical or chemical means.
TATTOO
The indelible mark, figure, or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.
TATTOO ARTIST
Any person who actually performs tattooing or who operates, conducts, or manages any tattoo establishment.
TATTOOING
Any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin.
TATTOOING PERMIT
Written approval from the Health Officer or his authorized representative that said tattooing establishment has been inspected and meets all of the terms of this article relating to physical facilities, equipment, and layout for operation of such business.
§ 300-186 Applicability.
Body art establishments (tattoo parlors and body-piercing establishments) shall be permitted only in the HC-A Highway Commercial-A District and as a conditional use only, subject to the applicable provisions below and the conditional use regulations in Ordinance No. 2007-6.[1]
[1]
Editor's Note: Ordinance No. 2007-6, adopted 3-26-2007, was repealed 5-19-2008 by Ord. No. 2008-7. See now Art. XIV, Conditional Uses.
§ 300-187 Certificate of registration.
A.
No person, organization, or corporation may operate a body art establishment unless it has obtained a certificate of registration from the Pennsylvania Department of Health.
B.
Such certificate shall be obtained annually and shall not be transferable.
C.
The current certificate shall be posted in a prominent and conspicuous area where patrons may readily see it.
§ 300-188 Permits; inspections; fees.
A.
It shall be unlawful for any person to engage in the business of operating a body art establishment without first obtaining a permit to engage in such business in accordance with the provisions in this article.
B.
Applications for a body art permit shall be provided by the Borough Health Officer. Upon receiving a completed application for a license, the Borough Health Officer shall conduct an inspection of the premises and shall issue a permit only upon the operator's full compliance with the provisions of this article.
C.
The permit shall be valid for one year, and an inspection of the premises shall be required for each renewal term.
D.
An application fee, as set from time to time by resolution of Borough Council, shall be required of each applicant for a body art permit, as well as to renew said permit.
§ 300-189 Revocation or suspension of permit; reissuance.
A.
A local permit may be revoked or suspended where an operator is found to violate the provisions of this article.
B.
A local permit will not be reissued where an operator has been found to have violated this article until the violation has been corrected.
§ 300-190 Standards for facilities.
A.
The room in which body art procedures are conducted shall have an area of not less than 100 square feet.
B.
The establishment shall be maintained in a sanitary condition at all times. Adequate light and ventilation must be provided.
C.
Only instruments and equipment that have been properly cleaned and sterilized prior to use shall be used during the process.
D.
The walls, floors, and ceilings shall have an impervious, smooth, and washable surface. Walls and ceilings are to be painted a light color.
E.
Walls, ceilings, and floors shall be kept clean and free from dust and debris. The floor shall be swept and wet mopped daily.
F.
Floors, walls, or ceilings shall not be swept or cleaned while tattooing or piercing is in progress.
G.
The shop shall be arranged so that work tables will be located at least 10 feet from observers or waiting customers, or such work tables shall be separated from observers or waiting customers by a panel or other barrier at least six feet high. The panel may be constructed of glass, solid plastic, or similar material.
H.
Each establishment shall contain a sink for the exclusive use of the operator to wash his or her hands and prepare the customers for the procedure. The sink shall be provided with adequate hot and cold running water. There shall also be available at the sink clean individual towels and refuse containers.
I.
There shall be a solid floor-to-ceiling wall or partition separating the work space from any room used for human habitation, any establishment or activity where food is prepared, hair salon, retail sales, or any other activity that may cause potential contamination of work surfaces.
J.
An adequate number of work tables shall be provided for each artist. The surface of all work tables shall be constructed of metal or other material which is smooth, light colored, nonabsorbent, corrosive-resistant, and easily sanitized.
K.
Adequate toilet, urinal, and hand-washing facilities shall be available on the establishment premises for the use of customers and artists.
L.
Proper closed cabinets for the exclusive storage of instruments, dyes, pigments, carbon stencils, and other paraphernalia used in the shop shall be provided for each artist.
M.
The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment. Pest control records are to be available during normal business hours.
N.
The body art shop shall have proper facilities for the disposal of waste materials.
O.
The establishment shall have a cleaning area. Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit.
P.
The establishment shall have a customer waiting area exclusive and separate from any workstation, instrument storage area, cleaning area, or any other area in the body art establishment used for body art activity.
Q.
No animals of any kind shall be allowed in a body art establishment, except service animals used by persons with disabilities (e.g., Seeing Eye dogs).
R.
Smoking, eating, or drinking is prohibited in the area where body art is performed, with the exception of nonalcoholic fluids being offered to a client during or after a body art procedure.
S.
In case of body-piercing shops, the jewelry inserted in a piercing should be composed of gold, surgical stainless steel, or niobium, a composite metal formed from oxides of the stainless steel production process.
§ 300-191 Operation standards.
A.
For body-piercing establishments.
(1)
When it is necessary to shave the area to be pierced, a new disposable razor for each patron shall be used. The common use of shaving mugs and shaving brushes is prohibited.
(2)
After shaving the area to be pierced, or if the area does not need to be shaved, the site of the piercing shall be washed with soap and water and rinsed with clean water and a germicidal solution applied in a sanitary manner. Only sterile individual towels and applicators shall be used to prepare and cleanse the site of the piercing.
(3)
Only instruments and equipment that have been properly cleaned and sterilized prior to use shall be used during the piercing process.
(4)
The person doing the piercing shall wear clean clothes or a lab coat. Surgical gloves shall be worn during the piercing and shall be changed for each patron.
(5)
There shall be no smoking, eating, or drinking in the operating room during the piercing process.
(6)
Written instructions approved by the Health Officer shall be given to each patron on the care of the piercing site to prevent infection after the piercing. A copy of these instructions shall also be posted in a conspicuous place in the piercing establishment, clearly visible to persons being pierced.
(7)
All infections resulting from the practice of body piercing which become known to the operator and/or employee of a body-piercing establishment shall be reported to the Health Officer. See § 300-195 below.
(8)
The operator of the establishment shall maintain permanent records for each patron or customer. Before the body-piercing operation shall begin, the patron or customer shall be required to personally enter on a record form provided for such establishments the date, his or her name, address, age, and his or her signature. Prior to body piercing, each patron shall be required to provide two forms of identification, one of which shall contain both a picture and a date of birth of the patron. Such records shall be maintained in the body-piercing establishment and shall be available for examination by the Health Officer. The operator shall retain records for a period of two years. In the event of a change of ownership or the closing of the business, all such records shall be made available to the Health Officer.
B.
For tattoo parlors.
(1)
Before working on each patron, each tattoo artist shall clean his or her fingernails with his or her individual fingernail file and shall thoroughly wash and scrub his or her hands with hot running water, soap, and his or her individual hand brush. Hands shall be dried with individual single-use towels. The operator shall wear a clean, new pair of latex gloves designed for use in surgery for each customer.
(2)
That portion of the patron's skin to be tattooed shall be prepared by washing with hot water and soap and by shaving with a sterile safety razor and a single-service blade, and shaving shall be followed by a thorough cleansing with hot water and soap applied with clean disposable cotton or gauze. A sterile hand brush shall be used, if necessary, to produce a clean skin area.
(3)
No tattooing shall be done on any skin that has a rash, pimples, boils, and infections or manifests any evidence of unhealthy conditions.
(4)
Following the cleansing of the patron's skin, the operator shall again wash and scrub his or her hands in the manner prescribed above and shall allow hands to dry with the use of sanitary or mechanical means. Before placing the design on the patron's skin, the operator shall treat the skin area with 70% alcohol or other approved germicidal solution, which shall be applied with sterile cotton or sterile gauze.
(5)
The stencil for transferring the design to the skin shall be thoroughly cleansed and rinsed in an approved germicidal solution for at least 20 minutes and shall be dried with sterile gauze or in the air before each use.
(6)
In preparing nontoxic dyes or pigments, only nontoxic or sterile materials shall be used. Single-service or individual portions of dyes or pigments in clean, sterilized individual containers or single-service containers must be used for each patron.
(7)
After tattooing, the remaining unused dye or pigment in the single-service or individual containers must be discarded. The individual container must be resterilized or discarded.
(8)
A set of individual single-service sterilized needles shall be used for each new patron. Following sterilization, needles shall be shaken dry and, if not immediately used, stored in petroleum jelly, United States Pharmacopoeia or National Formulary, and placed in a sterile, dust-tight container. The open end of the needle tube of the tattooing machine shall be cleaned and sterilized in an approved manner before each use. No fewer than 24 sets of sterilized needles and tubes or tips must be on hand for the entire day or night operation.
(a)
Sterilization shall be done by one of the following methods:
[1]
By holding in an approved autoclave for 15 minutes at 15 pounds of pressure;
[2]
By boiling for 15 minutes; or
[3]
By immersing in an approved germicidal solution for an approved period of time.
(b)
No rusty, dull, or faulty needle shall be used for tattooing.
(9)
As the tattoo operation progresses, any excess dye or pigment applied to the skin shall be removed with sterile gauze or sterile cotton.
(10)
The completed tattoo shall have the excess or pigment removed with sterile gauze. It shall then be washed with a piece of sterile gauze or sterile cotton saturated with approved germicidal solution. It shall be allowed to dry. After drying, petroleum jelly, United States Pharmacopoeia or National Formulary, shall be applied from a collapsible metal or plastic tube and the entire area covered with a piece of sterile gauze which may in turn be covered with a piece of tissue and fastened to the site with an approved type of adhesive.
(11)
The operator of the establishment shall maintain permanent records for each patron or customer. Before the tattooing operation shall begin, the patron or customer shall be required to personally enter on a record form provided for such establishments the date, his or her name, address, age, and his or her signature. Prior to tattooing, each patron shall be required to provide two forms of identification, one of which shall contain both a picture and a date of birth of the patron. Such records shall be maintained in the tattoo establishment and shall be available for examination by the Health Officer. The operator shall retain records for a period of two years. In the event of a change of ownership or the closing of the business, all such records shall be made available to the Health Officer.
§ 300-192 Inspection of establishments.
The Health Officer may conduct periodic inspections of any body art establishment for the purpose of determining whether or not said establishment and the persons performing the operations therein are in compliance with all applicable health provisions contained within this article and other pertinent laws and ordinances. It shall be unlawful for any person or operator of a body art establishment to willfully prevent or restrain the Health Officer from entering a certified establishment where body art is being performed for the purpose of inspecting said premises after proper identification is presented to the operator.
§ 300-193 Prohibited conduct.
A.
It shall be unlawful to perform any body art operation or procedure on any individual who is or appears to be under the influence of drugs or alcohol.
B.
It shall be unlawful to perform any body art procedure on an individual under the age of 18 years without the presence of a parent or legal guardian. Said parent or legal guardian shall sign a permission form. These forms shall be generated by the establishment and approved by the Health Officer. Such written consent shall be kept on file for a period of two years.
C.
No person with any disease in a communicable form or suspected of having such disease shall practice body art in the Borough. Such diseases may include, but shall not be limited to, influenza, tuberculosis, HIV virus, scabies, impetigo, syphilis, chicken pox, measles, German measles, mumps, whooping cough, hepatitis, infection on the hands or arms, and jaundice of the skin or sclera. The Health Officer may require a certificate signed by a duly licensed physician stating that said person is free from communicable diseases before permission to resume operation is granted.
D.
A medical history shall be taken of every patron. It shall be unlawful to perform any body art procedure on any person revealing a recent history of influenza, tuberculosis, HIV virus, scabies, impetigo, syphilis, chicken pox, measles, German measles, mumps, whooping cough, hepatitis, infection on the hands or arms, or jaundice of the skin or sclera.
E.
Domestic or wild animals shall not be present in any part of the establishment at any time. The term "domestic or wild animals" includes, but is not limited to, dogs, cats, birds, and reptiles.
F.
Insects and rodents shall not be present in any part of the establishment at any time. The operator shall take effective measures against insect and rodent entrance into, breeding on, or presence in the premises. Evidence of insect or rodent infestation shall be cause for immediate closure of the establishment by the Health Officer.
G.
No body art practitioner shall remove a tattoo. Only a physician shall perform such removal.
§ 300-194 Disposal of items used in procedures.
A.
All bandages, surgical dressings, and other single-use items used in the procedure shall be sterile and shall be disposed in an approved manner.
B.
Each receptacle and the remaining solution of pigments, dyes, and colors shall be discarded after each use.
§ 300-195 Injury reports.
A written report of any injury, infection, complication, or disease as a result of a body art procedure or complaint of injury, infection, complication, or disease shall be forwarded by the operator to the Health Officer who issued the permit, with a copy to the injured client, within five working days of its occurrence or knowledge thereof. The report shall include:
A.
The name of the affected client.
B.
The name and location of the body art establishment involved.
C.
The nature of the injury, infection, complication or disease.
D.
The name and address of the affected client's health care provider.
E.
Any other information considered relevant to the situation.
F.
The name of the body art practitioner.
§ 300-196 Violations and penalties.
Any person who violates this article shall pay a penalty to the Borough. Such penalty shall not exceed $300.
§ 300-197 Effect of other provisions.
Nothing in this article is intended to be in violation of or contrary to the Pennsylvania Regulatory Review Act of 1982 or the Pennsylvania Tattoo, Body Piercing, and Corrective Cosmetic Artists Act of 2001. However, where the provisions of this article impose greater restrictions than those of the above-noted state statutes, the provisions of this article shall be controlling. Where the provisions of the state statutes impose greater restrictions than those of this article, the provisions of the state statutes shall be controlling.
§ 300-198 Purpose.
The purpose of this article is to limit and regulate the location and use of telecommunications antennas within Norwood Borough.
§ 300-199 Applicability.
A.
An antenna or antennas utilized for telecommunications, as defined in § 300-200 below, shall be permitted only in the Business District. The Winona Avenue, Welcome Avenue, and Amosland Road corridors are exempt from this article, and telecommunications antennas shall be permitted only on buildings along Chester Pike.
B.
A telecommunications antenna or antennas, hereinafter called "antenna," shall be permitted only when authorized as a conditional use by Norwood Borough Council and shall be placed on or attached to existing building(s) in accordance with the sections below.
§ 300-200 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ANTENNA
A device that is utilized for the collection, transmission, or receiving of telecommunications transmissions or signals.
ANTENNA HEIGHT
The vertical distance from the base of a telecommunications antenna, or its support structure, to the highest point of the antenna.
ANTENNA SUPPORT STRUCTURE
A structure utilized for support of a telecommunications antenna or antennas. In Norwood, all antennas shall be attached to or placed on top of an existing building or structure.
§ 300-201 Regulations.
A.
The applicant shall provide a site plan to the Borough depicting all existing and proposed structures and improvements.
B.
The applicant shall demonstrate to Borough Council that he or she has contacted adjacent businesses and notified them of his or her plans to erect an antenna.
C.
No antenna shall exceed the height of the principal structure on which it is located by more than 15 feet.
D.
The antenna shall be located on an existing building or structure to limit its visibility to the public.
E.
The applicant shall provide proof of licensure with the Federal Communications Commission (FCC) and copies of all applicable FCC applications, approvals, licenses, and site inspection records. All applicable federal laws and regulations with which the applicant is required to comply shall also be provided to the Borough.
F.
Prior to the placement of an antenna, the applicant shall obtain a permit from the Code Enforcement Officer.
G.
All requirements for Borough inspections and annual inspections by the owner shall be complied with. Copies of the results of owner inspections shall be provided to the Borough.
H.
The applicant shall provide the Borough with expected maintenance needs, including the frequency of such maintenance, any equipment needs, and any traffic impact of such maintenance.
I.
The applicant shall demonstrate to Borough Council that the antenna will not adversely affect adjacent properties.
J.
The applicant shall keep the antenna in good repair.
K.
No sign shall be permitted on or within 20 feet of the antenna.
L.
No antenna shall be lighted unless required by other governmental statute.
M.
The owner shall immediately correct any interference problems caused by the antenna.
N.
An annual report shall be provided to the Borough detailing any updates or changes to the existing antenna and its components.
O.
In case an antenna is abandoned or not in use for a period of one year, the owner shall be required to remove all associated parts, at his expense, within three months of such abandonment or discontinuance of use.
