Swarthmore City Zoning Code

   (a)   On all corner lots the yards facing on the street lines shall be considered front yards and shall require the minimum building setbacks for the district.

   (b)   The owner may specify which of the remaining yards shall be classified as rear and side. If only one yard remains, it shall be considered a rear yard.

(Ord. 774. Passed 8-23-76.)

   On lots which are defined by more than four property lines, the rear yard shall be considered as that yard between the structure and the longest property line which does not intersect the street line.

(Ord. 774. Passed 8-23-76.)

   (a)   Except as otherwise permitted by this section, no projection from a building shall extend into any required yard. Notwithstanding the foregoing, cantilevers, overhanging eaves, gutters and cornices, shall be permitted to project into required yards a distance of no more than three feet. Unenclosed staircases, steps and wheelchair ramps which provide access to the first floor of a building shall be permitted to project into required yards and shall not be deemed to be projections subject to the limitations of this subsection (a).

   (b)   Projections which include interior living areas shall be considered as part of the building coverage and shall be excluded from required yards.

   (c)   In the RA, RB and RC Residential Districts, where the principal structure has a conforming front yard setback, a front porch may project into such conforming front yard setback by special exception where the front porch complies with the following criteria and standards and the general standards for a special exception set forth at Section 1264.17 of this zoning ordinance:

      (1)   The front porch shall be a single story structure projecting from the front of the principal building;

      (2)   The front porch may have a roof and/or railings and/or a sitting wall (which railings and/or sitting wall shall be no higher than thirty-six inches but shall not be enclosed by glass, screens or otherwise;

      (3)   The front porch shall extend no further from the front building line of the principal structure than ten feet and shall extend into the front yard setback no further than five feet;

      (4)   The front porch shall be architecturally consistent with the principal structure; and

      (5)   The front porch shall comply with any other applicable bulk and area requirements of the applicable zoning district, including without limitation, side yard setback, combined lot coverage and hardscape coverage, and lot coverage requirements.

(Ord. 774. Passed 8-23-76; Ord. 1035. Passed 5-10-10; Ord. 1087. Passed 10-15-19.)

   (a)   On any lot, no wall, fence, sign or other structure shall be erected and no hedge, shrub, tree, except for street trees, or other growth over twenty-four inches in height above the curb level shall be planted or maintained which may cause danger to traffic on a street by obstructing the vision of drivers and/or pedestrians.

   (b)   The triangle of unobstructed vision required at each corner shall be formed by a diagonal straight line drawn from two points on the curb lines each thirty feet from the point of intersection of the extended curb lines. (See Drawing No. 11.)

(Ord. 774. Passed 8-23-76. )

      (1)   The requirements of this section apply to fencing as defined below. Retaining walls are regulated by the Borough Building and Housing Code, and are not regulated by this section.

      (2)   All fences not permitted or otherwise regulated herein are prohibited.

      (1)   "Boundary fence" means a permanent barrier that is more than eighteen inches in height and more than three feet six inches in length lying parallel to the property line for the purpose of enclosing or separating a parcel of ownership, including earthen berms but not planted living material. Walls, except retaining walls, are included in this definition.

      (2)   "Building line" means an imaginary line running along the front or rear façade of a principal building on a lot and extending on either side of the principal building the full width of the lot.

      (3)   "Deer fence" means a fence intended to prevent deer from entering an area that is constructed of dark, heavy-weight open mesh plastic material ranging from 1.5 inches x 1.5 inches and 2 inches x 2.5 inches that allows a clear view through the fence. Posts may be constructed of wood, metal, or fiberglass.

      (4)   "Major arterial street" means Baltimore Pike.

      (5)   "Open and solid fences" means a fence shall be considered "open" if every segment of the fence (e.g. a section between posts) is composed of at least fifty percent open spaces and no more than fifty percent solid materials. All other fences are considered "solid" fences.

      (6)   "Privacy or utility fence" means a permanent barrier located within a lot which separates, encloses or blocks from view a portion of a lot.

      (7)   "Retaining wall" means a wall for sustaining a bank of earth liable to erosion that does not exceed the height of earth intended to be supported.

      (8)   "Streets of high traffic density" means Fairview Avenue, Michigan Avenue, Swarthmore Avenue, Chester Road, Yale Avenue, and Cedar Lane from Baltimore Pike to Swarthmore Avenue.

      (1)   As a general design principle, owners are encouraged to consider the design, style and materials of the principal structure on the property when choosing the style and type of fence they intend to erect. Acceptable materials are brick, wood, stone, concrete (except concrete block that has not been coated) and metal (except non-coated chain link) or other material that provides a reasonable duplication of such materials.

      (2)   All fences shall be maintained in good repair and safe condition. No fence with barbed wire, spikes, exposed nails or other sharp objects shall be permitted. No fence with any type of electrical current is permitted, provided, however, that a buried pet electronic confinement system shall be permitted.

      (3)   All fences shall be erected with the finished side facing the adjacent property or street. For a wood or metal fence, this shall mean that the finished side shall be considered the side without the structural supporting members. For fences made of any other material, the finishes must be equal on both sides. The tops of decorative post caps and finials may exceed the maximum permitted height for the fence by up to six inches.

      (4)   Fences shall be maintained and installed so that they are straight and do not sag, lean in any direction, or extend over the property line outward from the lot into a right-of-way or other pedestrian-accessed area on which the fence or wall is located. Gates or other points of entry in fences and walls shall not swing outward across the property line.

      (5)   Fences shall be erected only at the natural grade of the property and shall not be erected on berms or artificial mounds. No fence shall impede the natural flow of water in any watercourse, ditch or swale.

      (6)   No fence shall constitute an obstruction to vision as described in the Borough Zoning Code and/or Building and Housing Code or the Commonwealth of Pennsylvania Motor Vehicle Code.

      (7)   Except as permitted below in A. and B., no fence of any kind is permitted within fifty feet of the centerline of any street.

         A.   Properties with yards that are adjacent to a major arterial street shall be permitted fences that are eight feet in height in the yard that abuts such major arterial street. Such fences may be "solid" fences as defined in this section.

         B.   As a special exception, properties with front yards that are adjacent to streets of high traffic density shall be permitted fences that are three feet six inches in the front yard abutting the street of high traffic density.

         C.   Fences allowed under this paragraph (7) shall be subject to the following additional regulations:

            1.   All fences shall be set back a minimum of four feet from the right-of-way line of the abutting street, but at least four feet from the edge of the sidewalk closest to the dwelling. This four foot strip is intended as a planting area.

            2.   During the next fall or spring immediately following the installation of the fence, vegetation shall be planted so that, when the plantings mature, at least one-half of the full length of the fence will be screened from view from the street. Such plantings shall thereafter be maintained.

            3.   Such fences shall not in any way create an obstruction to vision as specified in paragraph (d)(6) hereof.

      (1)   A.   A boundary fence must be located within five feet of a side or rear property line, except that a fence intended to enclose a yard may be extended at a right angle from the property line providing that the fence extension is located at or behind the rear building line of the principal building.

         B.   By special exception, a fence intended to enclose a yard may be extended from the boundary fence at a right angle, or similar, from the property line and may be located in front of the rear building line if the following conditions are met:

            1.   The extended segment of the fence is no more than four feet high and is a minimum of fifty percent open.

            2.   The extended segment of the fence is located at or behind the rear corner of a structural wall of the principal building on a lot. A structural wall is one that supports a significant roof mass of the building.

            3.   The extended segment of the fence is located a minimum of twenty-five feet in back of the street-facing facade of the principal building.

            4.   Not later than the fall or spring immediately following the installation of the fence, vegetation shall be planted so that, when the plantings mature, at least one-half of the full length of the extended segment of the fence will be screened from view from the street.

      (2)   The maximum height of any boundary fence, except those limited under paragraph (d)(7) hereof, shall be six feet.

      (3)   Any boundary fence greater than four feet in height must be an "open" fence. Any fence four feet in height or less may be a "solid" fence.

      (4)   Notwithstanding the requirements of paragraphs (d)(7) and (e)(2) above, the owner of a residential property whose side and/or rear yard abuts a commercial or institutional use property, a commercial HVAC unit or permanent dumpster location, or railroad right-of-way, or a multi-family dwelling with more than four units, may erect a "solid" boundary fence to screen such use having a maximum height of eight feet, with its finished side facing the owner's residential property.

      (1)   A privacy or utility fence of up to six feet in height of either solid or open design is permitted subject to the following:

         A.   The fence cannot be located in front of the front building line.

         B.   The fence meets the rear and side yard setback requirements for primary structures in the applicable zoning district in which the fence is located.

      (2)   A deer fence is permitted subject to the following:

         A.   The fence is located at least ten feet from the side and rear property lines and is not greater than eight feet in height.

         B.   The fence is located behind the rear building line.

      (3)   A fence of no greater than three feet six inches in height is permitted anywhere on the property so long as it maintains the required distance of fifty feet from the centerline of any adjoining street.

      (1)   A building permit must be applied for, approved, received, and posted on the property prior to the start of any work other than work required in connection with performing a survey. The fee for the permit shall be included in the annual Borough of Swarthmore Permit and Fee Resolution.

      (2)   Before the installation of a boundary fence, the landowner, or the applicant with the landowner's permission, shall submit a copy of a certified survey, or photographic proof of boundary markers either installed by a surveyor or approved in writing by the adjoining property owner, as well as a detailed plan showing the location of the fence on the property, the type of the fence, the height from the natural grade, all openings and other related information with the building permit. The Borough may field inspect the property prior to issuing or rejecting a permit application to determine the existing condition of a fence, the placement of boundary markers or other related conditions.

      (3)   Prior to the installation of any boundary fence, a string line inspection will be made by the Code Inspector or other designated Borough official.

      (4)   At no time may a person or persons installing a boundary fence encroach onto the adjacent property without the written approval of the adjacent property owner, a copy to be submitted to the Borough office and attached to the permit.

      (5)   Before a boundary fence is installed, removed, altered or replaced, the property owner shall give written notice and a copy of the proposed plan to adjoining property owners. A copy of the written notice shall be given at least five working days prior to the start of work, and a copy of such notice shall be attached to the permit application when submitted to the Borough.

      (1)   The same height or lower than the fence that was removed, but in no case greater than six feet;

      (2)   Constructed of the same material as the fence that was removed, unless that material is no longer allowed under the provisions of paragraph (d)(1) hereof, in which case the replacement fence shall be made of the materials allowed under the provisions of paragraph (d)(1) hereof;

      (3)   The same style as the fence that was removed;

      (4)   In the same location as the fence that was removed, except as noted in paragraph (h)(5) below;

      (5)   Installed in compliance with paragraph (d)(3) hereof; and

      (6)   Installed in compliance with the permit procedures outlined in subsection (g) hereof.

(Ord. 927. Passed 6-8-98; Ord. 998. Passed 12-12-05; Ord. 1043. Passed 5-9-11; Ord. 1063. Passed 11-10-14.)

   In order to provide a transition from Business and Multiple Dwelling to low density Residential Districts and to create visual barriers for parking, loading and storage areas, the following regulations shall apply:

   (a)   A maintained planted all-season visual barrier of landscape screen and/or earth mounds shall be provided in the TC, AR and AL Districts when the property is contiguous to RA, RB and RC Districts. This visual barrier shall be composed of plants, trees and berms arranged to form both a high level and low level screen within a strip of land with a minimum width of twenty feet.

   (b)   Existing Business District uses shall not be required to comply with the screening requirements except in the case of new construction.

   (c)   All storage areas shall be screened from view from any public right of way and any contiguous residential property.

   (d)   All parking and loading areas shall be screened from pedestrian walkways and contiguous residential property.

(Ord. 774. Passed 8-23-76; Ord. 1056. Passed 11-12-13.)

   In order to provide safe parking areas and pedestrian ways, the following regulation shall apply in the AL, AR and TC Districts:

Exterior lighting shall be a minimum of .75 footcandles at any point on private walkways and in off-street parking areas and shall be shielded from traffic on any public right of way and from any Residential District.

(Ord. 774. Passed 8-23-76; Ord. 1056. Passed 11-12-13.)

   Conversion of a dwelling from a single-family detached to a two-family detached use shall be permitted as a special exception in those zoning districts that permit such conversion, subject to the following requirements in addition to those requirements contained in this chapter that pertain to all special exceptions (See Drawing No. 1):

   (a)   Application for conversion may be filed only by owner-occupants of one of the dwelling units.

   (b)   The lot area per dwelling unit shall not be reduced below the required lot area per dwelling unit in the district in which the lot is located.

   (c)   One of the dwelling units shall have not less than 1,600 square feet of floor area. The second dwelling unit shall have not less than 600 square feet of floor area.

   (d)   Adequate provision shall be made for a separate entrance, separate utility service and avoidance of overloading of plumbing and sewer facilities. Plans for such conversion shall be subject to the recommendations of the Planning Commission.

   (e)   The proposed two-family use must not violate the building codes or any other ordinance of the Borough or create a condition deemed to be inimical to the health, safety, morals or welfare of the community.

(Ord. 774. Passed 8-23-76; Ord. 998. Passed 12-12-05.)

   (EDITOR'S NOTE: Section 1264.09 was repealed in its entirety by Ord. 979, passed May 9, 2005 and Ord. 989, passed May 9, 2005.)

   (EDITOR'S NOTE: Section 1264.10 was repealed in its entirety by Ord. 973, passed December 8, 2003.)

   Uses specified as conditional within each district shall be permitted only after review by the Planning Commission and approval by Council at a public meeting. The approval shall be based on the following standards:

   (a)   The conditional use is consistent with the Borough Comprehensive Plan and the spirit, purpose, intent and provisions of this Zoning Code.

   (b)   The property is suitable for the conditional use and such use may be regulated by appropriate conditions and safeguards.

   (c)   The conditional use serves the best interests of the Borough and community and does not injure the health, safety and general welfare of the public.

   (d)   The conditional use does not cause inefficiencies in the maintenance of public services such as sewers, water, police and fire protection, transportation and public schools.

   (e)   The conditional use is not incompatible with the surrounding area in character and type of development and does not injure property values in the neighborhood.

   (f)   The conditional use does not cause overcrowding of the land and congestion of the circulation systems.

   (g)   No activity shall be conducted that would cause odors, unreasonable noise, smoke, vibrations, pollution or electromagnetic interference beyond the property line.

(Ord. 774. Passed 8-23-76; Ord. 925. Passed 6-8-98.)

   In RA, RB and RC Districts there shall be but one principal building, conforming to the provisions of this Zoning Code. The provisions with respect to accessory and conditional uses shall not be affected by this regulation.

(Ord. 774. Passed 8-23-76.)

   A vacant lot (defined in Section 1240.05(56A)) shall be available as a building site without proceedings under Chapter 1222 for the purpose of formal separation from any other tract to which it may be connected by present use, common ownership or otherwise. Such lot may be so utilized notwithstanding the fact that it lacks the width, depth or area prescribed for lots in, the district in which it is situated, provided any future structure erected thereon complies with all other ordinances of this Borough, and will have the setback, side and rear yards prescribed by this Zoning Code.

(Ord. 786. Passed 11-14-77.)

   Day care facilities and nursery schools shall be permitted by special exception, subject to the following requirements in addition to those requirements contained in this chapter that pertain to all special exceptions.

   (a)   General Regulations.

      (1)   All day-care facilities and nursery schools must allow for the safe pickup and drop-off of children.

      (2)   No more than two bed and breakfast establishments may be located within a single block except that any bed and breakfast establishment, inn, or hotel in the TC Town Center District shall not be counted in that number.

      (3)   All day-care facilities for children up to and including third grade shall provide on-site, ground-level play areas of at least seventy-five square feet per registered child using the play area at any one time.

      (4)   Above-ground and in-ground swimming pools, as well as filled, portable wading pools, must be made inaccessible to children when children are not swimming or wading.

      (5)   The minimum distance between family day-care home facilities shall be 500 feet, to be measured at the shortest distance between lot lines of the proposed properties to accommodate such facilities.

      (6)   If heavy street traffic or unsafe areas, such as open drainage ditches, creeks, wells or holes, are in or near the outdoor play space, there shall be fencing or natural barriers to restrict children from these areas.

      (7)   The hours of operation for all day-care facilities and nursery schools in a residential area shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays. The hours of operation for all day-care facilities and nursery schools in nonresidential zones shall be limited to the hours between 6:00 a.m. and 7:00 p.m. on weekdays.

   (b)   Fire Inspection. All day-care facilities and nursery schools shall submit to and pass yearly fire inspections by the Zoning Officer or his or her delegate. The written criteria for such fire inspections shall be publicly available at the Borough Hall.

(Ord. 968. Passed 1-13-03; Ord. 998. Passed 12-12-05; Ord. 1056. Passed 11-12-13.)

   Bed and breakfast establishments shall be permitted by special exception, subject to the following requirements in addition to those requirements contained in this chapter that pertain to all special exceptions.

   (a)   General Regulations.

      (1)   The bed and breakfast property shall be the principal residence of the owner of the business. The owner or any immediate family member shall be in residence during operation of the establishment.

      (2)   No more than two bed and breakfast establishments may be located within a single block except that any bed and breakfast establishment, inn, or hotel in the BA Business Apartment District shall not be counted in that number.

      (3)   One parking space shall be provided for each guestroom of the bed and breakfast in addition to that which is required by code. Additional parking shall not be created that would result in any vehicles being parked on the property between the front facade of the dwelling and the street. Street parking may be included in the determination of available parking spaces. Applicant shall show that parking is available that is not burdensome to the neighborhood.

      (4)   Sleeping accommodations for guests shall be located only within the dwelling and shall be limited to four bedrooms. No more than two adults may occupy one guestroom. The number of guestrooms shall be specified at the time of the conditional use application.

      (5)   Food or beverage for compensation may be provided only to guests of the bed and breakfast establishment and shall be limited to breakfast and afternoon tea. There shall be no separate kitchen or cooking facilities for any guestroom.

      (6)   Sales of other commodities including but not limited to such items as commemorative trinkets, tee shirts, mugs, and the like are permitted only to guests of the establishment. Such sales are not permitted to the general public.

      (7)   Use of amenities by the guests of the bed and breakfast establishment such as swimming pool or tennis courts shall be limited to the hours between 9:00 a.m. and 9:00 p.m.

      (8)   The length of stay per guest shall be limited to seven days per 30-day period.

      (9)   No exterior alterations or additions that change the residential character of the dwelling or site shall be permitted.

      (10)   Signage shall be consistent with the Borough's regulations for the zoning district in which the bed and breakfast is located.

      (11)   Exterior lighting shall comply with Borough regulations.

      (12)   All materials on the property directly related to the bed and breakfast shall be stored within fully enclosed buildings.

      (13)   No motor vehicle with a sign advertising the bed and breakfast establishment shall be parked on the premises outside a garage except for temporary loading and unloading.

      (14)   The proprietor must obtain any required Use and Occupancy Certificate issued by the Pennsylvania Department of Labor and Industry prior to approval of the conditional use application.

      (15)   An accurate, up-to-date guest register must be maintained and available for review by any authorized Borough official. The register must contain the guests' name, home address and telephone number, passport number (for non-U.S. residents only), car registration information, and dates in attendance at the bed and breakfast establishment.

    (b)   License to Operate a Bed and Breakfast.

      (1)   A license to operate a bed and breakfast shall be issued upon approval of the application for special exception.

      (2)   The license shall be valid for two (2) years and may be renewed by the same owner without the necessity of a new conditional use application, provided that the Zoning Officer and/or Code Enforcement Officer has inspected the facility and found it to be in compliance with the provisions of this chapter, any conditions imposed by the Zoning Hearing Board in the approval of the special exception application, and the inspection criteria used for the Certificate of Use and Occupancy issued by the Pennsylvania Department of Labor and Industry.

      (3)   The fee for license renewal shall be set by Borough Council and included on the annual fee resolution.

      (4)   The license for operation of the bed and breakfast establishment is not transferable and shall expire upon a change in ownership, occupancy, or use of the premises.

(Ord. 968. Passed 1-13-03; Ord. 998. Passed 12-12-05.)

   In all zoning districts, the physical expansion of nonconforming uses is permitted as a special exception, subject to the following regulations:

   (a)   The expansion must be necessary to meet reasonable business or operational needs;

   (b)   The expansion conforms to all the regulations, other than those pertaining to use, of the district in which the use is located;

   (c)   The expansion does not injure the health, safety, or public welfare, taking into account such factors as traffic, noise, dust, smoke, odors, fire hazards, illumination, pollution, and electromagnetic interference beyond the property line;

   (d)   The expansion does not cause inefficiencies in the maintenance of public services such as sewers, water, police and fire protection, transportation, and public schools;

   (e)   The expansion does not cause overcrowding of the land; and

   (f)   The expansion does not injure property values in the neighborhood.

(Ord. 998. Passed 12-12-05.)

   (a)   Uses specified as special exceptions within each zoning district shall be permitted only by approval of the Zoning Hearing Board, as provided in the Municipalities Planning Code. A special exception may be granted only after the Board finds that the request complies with all applicable standards and criteria specified elsewhere in the Borough Zoning Code relating to special exceptions and in addition finds that the request complies with the following standards.

      (1)   The use shall be consistent with the Borough Comprehensive Plan and the spirit, purpose, intent, and provisions of this Zoning Code.

      (2)   The property shall be suitable for the use and such use may be regulated by appropriate conditions and safeguards.

      (3)   The use shall serve the best interests of the Borough and community and shall not injure the health, safety, and general welfare of the public.

      (4)   The proposed special exception shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the approval must be accommodated in a safe and efficient manner, or improvements must be made in order to effect the same. Similar responsibility must be assumed with respect to other public service systems, including but not limited to police protection, fire protection, utilities, parks and recreation.

      (5)   The proposed special exception or other subject of consideration for approval shall be in and of itself properly designed with regard to internal circulation, parking, buffering and all other elements of proper design.

      (6)   The use shall not be incompatible with the surrounding area in character and type of development and shall not injure property values in the neighborhood.

      (7)   The use shall not cause overcrowding of the land and congestion of the circulation systems.

      (8)   The use shall not cause odors, unreasonable noise, smoke, vibrations, pollution, or electromagnetic interference beyond the property line.

   (b)   The Board shall impose such conditions as are necessary to ensure compliance with the purpose and intent of this Zoning Code and of the Borough Comprehensive Plan, which conditions may include plantings and buffers, harmonious design of buildings and the elimination of noxious, offensive or hazardous elements.

(Ord. 998. Passed 12-12-05.)

   In addition to meeting the requirements contained in the definition of "senior cooperative housing" and the general standards and criteria for conditional use requirements found in Section 1264.11 the following shall apply:

   (a)   The facility must be fully compliant with the area and bulk regulations of the zoning district in which it is located. In no case may any of the dwelling units be located in an accessory structure.

   (b)   There must be one off-street parking space for each dwelling unit, unless waived or adjusted by the Borough. Parking may be in an uncovered space or tandem space but in no case may any parking space be wholly or partially between the building front façade and the front lot line. In no case will any single parking space restrict access to more than one other parking space.

   (c)   The Borough may require a separate drop-off and pickup area adjacent to the building located in a manner that will not create congestion on the sidewalk or any crosswalk or street.

   (d)   A minimum of 2,000 square feet of land area is required for each dwelling unit contained in the facility.

   (e)   There shall be a minimum of 300 square feet of usable outside common open space per dwelling unit.

   (f)   The Borough may require the applicant to demonstrate that public roads adjacent to the proposed facility are adequate to bear any additional traffic.

   (g)   Except as provided for in subsection (h) hereof, at least one resident of each dwelling unit shall have an ownership interest in the facility. The ownership may be in form of shares, stock or membership interest in a real estate cooperative, a fee interest in a condominium unit, a fee interest in a joint tenancy or tenancy in common, or a life estate.

   (h)   One dwelling unit may be reserved for a resident staff person who shall not be an owner of the facility, to provide necessary services to the facility residents.

   (i)   Non-residents shall not purchase ownership interests or equity shares or stock in a real estate cooperative entity, and must divest ownership in the case of inheritance or other transfer of ownership.

   (j)   Dwelling units shall not be rented or leased, except on a temporary, month-to-month basis in order to facilitate incorporating new residents.

   (k)   Applicant must provide a copy of the Declaration of Condominium, Articles of Incorporation of a real estate cooperative entity, by-laws or operating agreement or such other formation documents (collectively, the "Governing Documents") to the Borough before final approval of the conditional use permit. The by-Governing Documents must incorporate any and all standards and criteria contained in this section as may be amended from time to time and any other requirements and provisions of the conditional use approval.

(Ord. 1085. Passed 5-13-19.)

      (1)   Adult-oriented businesses;

      (2)   Cabarets;

      (3)   Drug paraphernalia stores;

      (4)   Firing ranges;

      (5)   Gun shops;

      (6)   Massage businesses (as regulated);

      (7)   Medical marijuana/cannabis dispensaries; and

      (8)   Tobacco shops, smoke shops, vape shops, and hookah bars.

         A.   Public or private primary or secondary school;

         B.   Licensed childcare center or nursery school;

         C.   Community center (including, but not limited to, the PAC Center);

         D.   Public library, park, or playground (including, but not limited to, Central Park and Thatcher Park); and/or

         E.   Church, synagogue, mosque, or any other place of religious worship.

         A.   All federal, state and local age restrictions must be strictly adhered to.

         B.   No tobacco, tobacco product, or tobacco paraphernalia displays shall be permitted on sidewalks, in windows or doorways, or on any signage visible from the street or sidewalk.

         C.   No distribution of free or low-cost tobacco, tobacco products or tobacco paraphernalia, as well as coupons for said items, shall be permitted.

         D.   Regulated use establishments may operate between the hours of 10:00 a.m. and 8:00 p.m.

         E.   No alcoholic beverages shall be served or consumed within the premises of any regulated use establishment.

         F.   No smoking, vaping, or other consumption of tobacco, tobacco products, or E-liquid shall be permitted with the premises of any regulated use establishment.

         G.   It is unlawful for tobacco shops, smoke shops, vape shops, and hookah bars to knowingly allow or permit a minor not accompanied by a parent or legal guardian to enter or remain within the premises.

         H.   Tobacco shops, smoke shops, vape shops, and hookah bars shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance. It shall be unlawful for the above-listed stores to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

      (1)   That the applicant will provide adequate security measures to deter illegal activity or underage access.

      (2)   That the business will operate in compliance with all applicable, federal, state, and local regulations.

   (d)   Nonconforming uses. Any regulated use establishment lawfully operating on the effective date of this Section that does not comply with the provisions herein shall be deemed a legal nonconforming use and may continue to operate subject to the Borough's nonconforming use regulations.

      (1)   "Adult bookstore" means any premises having more than a de minimis portion of its stock-in-trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to specified sexual activities, or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

      (2)   "Adult entertainment store" means any premises having more than a de minimis portion of its stock-in-trade, books, magazines or periodicals characteristic of an adult bookstore, as defined in this section; videos or other visual production materials characteristic of an adult video store, as defined in this section; and/or any devices, commonly known as sex toys, designed or marketed as useful primarily for the stimulation of human genital organs.

      (3)   "Adult mini-motion picture theater" any premises (including outdoor space) with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein.

      (4)   "Adult modeling or photography studio" means any premises having more than a de minimis portion of its business distinguished or characterized by its emphasis on the photographing of males and/or females exhibiting specified anatomical areas or performing specified sexual activities.

      (5)   "Adult motion picture theater" any premises (including outdoor space) with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

      (6)   "Adult spa or health club" means a spa or health club having more than a de minimis portion of its business distinguished or characterized by its emphasis on males and/or females exhibiting specified anatomical areas or performing specified sexual activities.

      (7)   "Adult video store" means any premises having more than a de minimis portion of its stock-in-trade, videos, CD-ROMS and other visual production materials which are distinguished or characterized by their emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas.

      (8)   "Adult-oriented business" means any adult bookstore, adult entertainment store, adult mini-motion picture theater, adult modeling or photography studio, adult motion picture theater, adult spa or health club, or adult video store.

      (9)   "Cabaret" means an adult club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities, or dancing, performing or acting in a lewd, sexually erotic, exciting, or stimulating manner for patrons or viewers who tip, pay or give any monetary consideration directly or indirectly to such featured dancers or entertainers for such featured entertainment.

      (10)   "Drug paraphernalia store" means any premises selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession of is subject to the provisions of The Controlled Substance, Drug, Device and Cosmetic Act, 1972, 35 P.S. §§ 780-101 et seq., including, but not limited to, water pipes, pipe screens, hashish pipes, roach clips, coke spoons, bongs, and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics, as permitted by this section.

      (11)   "Firing range" means any premises used for or permitting the discharge of a rifle, pistol, silhouette, skeet, trap, or other similar device that launches one or more projectiles driven by rapidly expanding high-pressure gas produced by exothermic combustion (deflagration) of a chemical propellant (including but not limited to black powder and smokeless powder).

      (12)   "Gun shop" means any premises selling, leasing, purchasing or lending firearms or ammunition.

      (13)   "Massage businesses (as regulated)" excludes any establishment operated by a medical practitioner, professional physical therapist, or massage therapist licensed by the Commonwealth of Pennsylvania.

      (14)   "Medical marijuana/cannabis dispensary" means a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act, 35 P.S. § 10231.101 et seq., to grow, process, or dispense medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.

         A.   "Cannabis" includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.

      (15)   "Specified anatomical areas" means:

         A.   Less than completely and opaquely covered:

            1.   Human genitals or pubic region;

            2.   Buttocks; and

            3.   Female breasts below a point immediately above the top of the aureola.

         B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      (16)   "Specified sexual activities" means:

         A.   Human genitals in a state of sexual stimulation or arousal;

         B.   Acts of human masturbation, sexual intercourse or sodomy; and

         C.   Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

      (17)   "Tobacco shop, smoke shop, vape shop, and hookah bar" means any premises having more than twenty-five (25) square feet dedicated to marketing and storage of tobacco, tobacco products, tobacco paraphernalia, and cannabis paraphernalia.

         A.   "E-cigarette" means any electronically actuated device or inhaler meant to simulate cigarette smoking that uses a heating element to vaporize a liquid solution, sometimes referred to as "juice" or other nicknames, and that causes the user to exhale any smoke, vapor, or substance other than that produced by unenhanced human exhalation. The juice used in e-cigarettes typically contains nicotine, and for this reason, e-cigarettes and their juice can be classified as both tobacco products and drug paraphernalia.

         B.   "E-liquid" means any liquid that contains vegetable glycerin, propylene glycol, nicotine, water, and possibly flavoring that can be used in ENDS devices. E-liquids can also be refined to as "vape" or "vape juice."

         C.   "Electronic nicotine delivery system (ENDS)" means any device designed or used to transform an e-liquid (that may contain nicotine) into an aerosol that the user inhales. Electronic nicotine delivery systems can also be referred to as "vapes," "vaporizers," "vape pens," "hookah pens," "electronic cigarettes," "e-cigarettes," "e-cigs," and "e- pipes."

         D.   "Hookah bar" any establishment that is devoted to, marketed as, or designed for, whether as its primary use or as an accessory use, the on-premises use of smoking through a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah," and also known as narghile, argileh, shisha, hubble-bubble and/or goza, or any similar device used for on-premises smoking. The term "hookah bar" includes, but is not limited to, establishments variously known as hookah parlors, hookah cafes, and hookah lounges.

         E.   "Tobacco paraphernalia" means any paraphernalia, equipment, device, or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of tobacco, tobacco products, or other controlled substances, as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P. S. § 780- 113 (a) (33).

         F.   "Tobacco products" means any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant or otherwise derived (including synthetic nicotine), which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any means. For the purposes of this section, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such and approved purpose.

(Ord. 01-2026. Passed 2-9-26.)