Nottingham Township Washington County
City Zoning Code
City Zoning Code
ARTICLE X
Special Exceptions
§ 425-78 Provisions for special exceptions.
Special exceptions are to be allowed or denied by the Zoning Hearing Board pursuant to public notice and pursuant to expressed standards and criteria set forth for a use listed under this article.
§ 425-79 General requirements for all special exceptions.
Special exceptions are to be granted or denied by the Zoning Hearing Board pursuant to standards and criteria for a special exception stated in this chapter. The Zoning Hearing Board shall hear and decide upon written requests for such special exceptions in accordance with such standards and criteria. In granting a special exception, the Board may attach such reasonable condition and safeguards, in addition to those expressed herein, as it may deem necessary to implement the purpose of this chapter and the Municipalities Planning Code. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter. The Zoning Hearing Board may request a report and recommendation from the Planning Commission on the planning aspects of each application.
A.
The special exception shall be in accordance with the standards specified for such classes of special exceptions.
B.
The special exception shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any other property or persons and shall comply with the performance standards of this chapter.
C.
The application for a special exception listed herein shall be accompanied by a site plan and all other pertinent information as prescribed by the Zoning Hearing Board.
D.
The special exception shall be sited, oriented and landscaped to produce a safe relationship of buildings and grounds to adjacent buildings and properties and be consistent with the environment of the neighborhood.
E.
The special exception shall organize vehicular access and parking to minimize traffic congestion in the vicinity of the proposed special exception. The Zoning Hearing Board shall not approve a use in areas where a professional traffic engineering study indicates that a proposed use or structure will burden existing traffic to enhance the danger and congestion in travel and transportation and increase the number of accidents unless the property owner or applicant agrees to provide such traffic improvements as determined by the study.
F.
The special exception shall preserve the spirit, intent and purpose of this chapter.
G.
A public hearing shall be held prior to the Zoning Hearing Board deciding each request for a special exception.
I.
If the Zoning Hearing Board determines that the application for a special exception meets all the applicable requirements of this chapter, the Board shall direct the issuance of a building permit for such special exception.
§ 425-80 Adult entertainment establishment.
A.
The owner(s) and operator(s) of said use shall be responsible for the conduct and safety of the employees and patrons and shall be available to respond to inquiries and promptly quell any disturbances caused by the employees and/or patrons.
B.
An adult bookstore/video store facility shall not be located within 1,000 feet of any other adult facility. Said distance shall be measured from lot line of one facility to the nearest lot line of the other facility.
C.
Said facility shall not be permitted to be located within 1,000 feet of any school, day-care facility, public recreation facility, or any place of worship, nor be closer than 500 feet from a residence, nor from where any children are permitted and normally congregate.
D.
No materials, merchandise, film, or service offered for sale, rent, lease, loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure.
E.
Any building or structure used and occupied as said facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise, film, service or entertainment are exhibited or displayed and no sale of materials, merchandise, film or offered items of service or entertainment shall be visible from outside the structure.
F.
No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein.
G.
Sufficient screening and buffering of parking areas must be provided to protect the neighborhood from detrimental noise, dust and other disturbances.
H.
Each entrance to the structure shall be posted with a notice of at least four square feet that the use is an adult-oriented establishment, that persons under the age of 18 are not permitted to enter, and warning all others that they may be offended upon entry.