Thornburg City Zoning Code
PART 13
EXPRESS STANDARDS AND CRITERIA FOR CONDITIONAL USES AND USES BY SPECIAL EXCEPTION
§ 27-1301 Applicability.
[Ord. 378, 2/14/2005, § 1300]
This Part shall apply to all conditional uses and uses by special exception listed as authorized uses in each Zoning District in Parts 4 through 10.
§ 27-1302 Procedures for Approval.
[Ord. 378, 2/14/2005, § 1301]
1.
The following procedures shall apply to all applicants for approval of a conditional use or use by special exception in all Zoning Districts:
A.
Approval of Conditional Uses. Borough Council shall hear and decide requests for conditional uses; however, Borough Council shall not approve a conditional use application unless and until:
(1)
A written application for conditional use approval is submitted to the Zoning Officer no less than 21 calendar days prior to the regular meeting of the Planning Commission. The application shall indicate the Section of this chapter under which conditional use approval is sought and shall state the grounds upon which it is requested. A complete and properly filed application shall include the following:
(a)
For any proposed conditional use that will require a building permit, a plan drawn on a current property survey sealed by a Pennsylvania registered surveyor. The plan shall indicate all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.
(b)
A written statement showing compliance with the applicable express standards and criteria of this chapter for the proposed use.
(c)
The application fee required by § 27-1703E of this chapter.
(2)
A written recommendation is received from the Planning Commission or 30 days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.
(3)
The property is posted at least seven days prior to Borough Council's public hearing.
(4)
A public hearing is conducted by Borough Council pursuant to public notice within 60 days of submission of a complete and properly filed application.
(5)
Borough Council shall decide requests for conditional uses within 45 days of the last public hearing on the application.
(6)
In considering an application for conditional use approval, Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 27-1704 of this chapter.
(7)
If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by the Borough Subdivision and Land Development Ordinance [Chapter 22] may be processed concurrently provided all application requirements of both ordinances for a conditional use and a land development plan are met.
B.
Expiration of Conditional Use Approval.
(1)
Conditional use approval shall expire automatically without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within 12 months of said approval, unless Borough Council, in their sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
(2)
When a grading permit or building permit, issued in accordance with an approved conditional use, expires without the work described in the permit being initiated and/or diligently pursued, the conditional use shall expire automatically without written notice to the applicant.
C.
Approval of Uses by Special Exception. The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:
(1)
A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the Section of this chapter under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. A complete and properly filed application shall include the following:
(a)
For any proposed use by special exception that will require a building permit, a plan drawn on a current property survey sealed by a Pennsylvania registered surveyor. The plan shall indicate all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this chapter.
(b)
A written statement showing compliance with the applicable express standards and criteria of this chapter for the proposed use.
(c)
The application fee required by § 27-1703E of this chapter.
(2)
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within 60 days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 27-1506 of this chapter.
(3)
The property is posted at least seven days prior to the Zoning Hearing Board's public hearing.
(4)
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this chapter. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this chapter and shall be subject to the enforcement provisions of § 27-1704 of this chapter.
(5)
If land development approval is required for the use by special exception, the application for approval of the use by special exception and the application for approval of a land development required by the Borough Subdivision and Land Development Ordinance [Chapter 22] may be processed concurrently provided all application requirements of both ordinances for a use by special exception and a land development plan are met.
D.
Expiration of Approval of a Use by Special Exception.
(1)
Approval of a use by special exception shall expire automatically without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within 12 months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one twelve-month extension.
(2)
When a grading permit or building permit issued in accordance with an approved use by special exception expires without the work described in the permit being initiated and/or diligently pursued, the use by special exception shall expire automatically without written notice to the applicant.
§ 27-1303 General Standards.
[Ord. 378, 2/14/2005, § 1302]
1.
In addition to the specific standards and criteria listed for each use in § 27-1304, all applications for conditional uses and uses by special exception listed in each Zoning District shall demonstrate compliance with all of the following general standards and criteria:
A.
The use shall not endanger the public health, safety or welfare nor deteriorate the environment of the property where it is proposed.
B.
The use shall comply with all applicable requirements of the Zoning District in which it is located.
C.
Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.
D.
Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.
E.
For all uses which are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.
§ 27-1304 Standards for Specific Uses.
1.
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 27-1303, an application for any of the following uses which are listed in any Zoning District as a conditional use or use by special exception shall comply with the following applicable standards and criteria specified for that particular use.
B.
Communications antenna mounted on an existing building or public utility storage or transmission structure, subject to:
(1)
Building mounted antennas shall not be permitted on any single-family or two-family dwelling.
(2)
The applicant shall demonstrate that the electromagnetic fields associated with the proposed antennas comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
(3)
The applicant shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
(4)
Building mounted antennas shall be permitted to exceed the height limitations of the Zoning District by no more than 20 feet.
(5)
Omnidirectional or whip antennas shall not exceed 20 feet in height or seven inches in diameter.
(6)
Directional or panel antennas shall not exceed five feet in height or two feet in width.
(7)
Satellite and microwave dish antennas mounted on the roof of a building shall not exceed six feet in diameter.
(8)
The applicant proposing a building mounted antenna shall submit evidence from a structural engineer certifying that the proposed installation will not exceed the structural capacity of the building considering the wind and other loads associated with the antenna's location.
(9)
Evidence of lease agreements and easements necessary to provide access to the building or structure for installation and maintenance of the antennas and placement of the equipment cabinet or equipment building shall be provided to the Borough.
(10)
The placement of the equipment cabinet or equipment building shall not obstruct the free flow of traffic on the site, shall not reduce any parking required for other uses in the site and shall not obstruct any right-of-way or easement without the permission of the owner or grantor of the right-of-way or easement.
(11)
Unless located within a secured building, the equipment cabinet or equipment building shall be fenced by a ten-foot high chain link fence with locking gate. If the equipment cabinet or equipment building is visible from any public street or adjacent residential property, the equipment cabinet or equipment building shall be screened by a minimum six-foot high compact evergreen hedge.
(12)
If vehicular access to the equipment cabinet or equipment building is not provided from a public street or paved driveway or parking area, an easement or right-of-way shall be provided which has a minimum width of 14 feet and which shall be improved with a dust-free, all-weather surface for its entire length.
(13)
At least one off-street parking space shall be provided on the site within a reasonable walking distance of the equipment cabinet or equipment building to facilitate periodic visits by maintenance workers.
C.
Communications tower, subject to:
(1)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission (FCC) to operate a communications tower.
(2)
The applicant shall demonstrate that the proposed communications tower and the electromagnetic fields associated with the antennas proposed to be mounted thereon comply with safety standards now or hereafter established by the Federal Communications Commission (FCC).
(3)
The applicant for the communications tower shall demonstrate compliance with all applicable Federal Aviation Administration (FAA) and any applicable airport zoning regulations.
(4)
Any applicant proposing a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the antenna or antennas on an existing building, an existing public utility storage or transmission structure or an existing communications tower.
A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed communications tower shall be contacted and that one or more of the following reasons for not selecting an alternative existing building, existing public utility storage or transmission structure or existing communications tower apply:
(a)
The proposed equipment would exceed the structural capacity of the existing building, existing public utility storage or transmission structure or existing communications tower and reinforcement of the structure cannot be accomplished at a reasonable cost.
(b)
The proposed equipment would cause RF (radio frequency) interference with other existing and proposed equipment for that existing building, existing public utility storage or transmission structure or existing communications tower and the interference cannot be prevented at a reasonable cost.
(c)
Existing buildings, existing public utility storage or transmission structures or existing communications towers do not have adequate space, access or height to accommodate the proposed equipment.
(d)
Addition of the proposed equipment would result in NIER (nonionizing electromagnetic radiation) levels which exceed adopted Federal or State emission standards.
(5)
The lease parcel for the communications antenna shall be located on a "host" parcel that has minimum area of five acres.
(6)
No tower shall be located within 2,000 feet of any existing or proposed tower.
(7)
The base of the communications tower shall be set back at least 500 feet from any existing dwelling on adjoining property.
(8)
All parts of the communications tower, including guy wires, if any, shall be set back at least 100 feet from all property lines.
(9)
The maximum height of a communications tower shall be 100 feet.
(10)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to function effectively.
(11)
The tower and all appurtenances, including guy wires, if any, and the equipment cabinet or equipment building shall be enclosed by a minimum ten-foot high chain link security fence with locking gate.
(12)
The applicant shall submit evidence that the tower and its method of installation has been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with the Uniform Construction Code and accepted engineering practice.
(13)
The tower shall be equipped with anticlimbing devices as approved by the manufacturer for the type of installation proposed.
(14)
At least one off-street parking space shall be provided on the site to facilitate periodic visits by maintenance workers. Manned equipment buildings shall provide one parking space for each employee working on the site.
(15)
Equipment cabinets and equipment buildings shall comply with the height and yard requirements of the Zoning District for accessory structures.
(16)
Access shall be provided to the tower and equipment cabinet or equipment building by means of a public street or right-of-way to a public street. The right-of-way shall be a minimum of 20 feet in width and shall be improved with a dust-free, all-weather surface for its entire length.
(17)
Recording of a plat of subdivision shall not be required for the leased parcel on which the tower is proposed to be constructed, provided the equipment building is proposed to be unmanned and the required easement agreement for access is submitted for approval by the Borough.
(18)
Approval of a land development plan, prepared in accordance with the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22], shall be required for all towers.
(19)
The exterior finish of the tower shall be compatible with the immediate surroundings. The tower, the equipment cabinet or equipment building and the immediate surroundings shall be properly maintained.
(20)
If visible from surrounding residential properties, the tower shall be designed to blend into its surroundings, including camouflage techniques such as replicating trees, clouds or sky.
(21)
The owner of any communications tower which exceeds 50 feet in height shall submit to the Borough proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and re-inspected and certified to the Borough by a structural engineer at the owner's expense.
(22)
The owner of the communications tower shall notify the Borough immediately upon cessation or abandonment of the operation. The owner of the communications tower shall dismantle and remove the communications tower within six months of the cessation of operations, if there is no intention to continue operations, evidenced by the lack of an application to the Borough to install antennas on the existing tower. If the owner of the communications tower fails to remove the tower, then, the landowner shall be responsible for its immediate removal. Failure to remove an abandoned communications tower shall be subject to the enforcement provisions of § 27-1704 of this chapter.
(23)
The owner of the communications tower shall be responsible for maintaining the parcel on which the tower is located, as well as the means of access to the tower, including clearing and cutting of vegetation, snow removal and maintenance of the access driveway surface.
(24)
There shall be no lighting, signs or other advertising on the tower, other than that required by the FCC or FAA.
(25)
Landscaping may be required by Borough Council, upon recommendation by the Planning Commission, which is suitable to the proposed location of the tower in order to provide screening of the base of the tower from adjacent streets or residential properties.
(26)
All standards for construction of the communications tower and supporting facilities shall conform to current engineering practice and the edition of the Uniform Construction Code currently in effect in the Borough.
(27)
In January of each year, the owner of the communications tower shall submit written verification to the Borough Zoning Officer that there have been no changes in the operating characteristics of the communications tower as approved by the Borough, including, at a minimum:
(a)
Copy of the current FCC license.
(b)
Name, address and emergency telephone number for the operator of the communications tower.
(c)
Copy of certificate of insurance at a level of coverage acceptable to the Borough Solicitor, naming the Borough as an additional insured on the policy.
(d)
Copy of the annual inspection report and updated maintenance program.
(28)
At any time during the calendar year, if an amendment to the FCC license is issued, a copy of the amended license shall be submitted to the Borough Zoning Officer.
D.
Community club, subject to:
(1)
Any community club that includes a swimming pool shall meet the parking requirements for a swimming pool specified in Part 11.
(2)
Any community club which includes a kitchen and social hall shall meet the parking requirements specified in Part 11 for eating and drinking establishments.
(3)
All off-street parking which adjoins single-family use or Residential Zoning District shall be screened by a minimum six-foot high compact evergreen hedge.
E.
Educational, religious, philanthropic institution, subject to:
(1)
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this chapter.
(2)
The minimum lot area required for a post secondary school shall be 10 acres. The minimum lot area required for all other schools and churches shall be one acre.
(3)
A dwelling (such as a manse or parsonage) may be located on the same lot with a church provided all requirements of this chapter for single-family dwellings in the R-1 Zoning District can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.
(4)
The use shall be not detrimental to the neighborhood, taking into consideration the physical relationship of the proposed use to the surrounding properties, the probable hours of operation, the activities to be conducted and the number of people to be assembled or to use the premises at any one time.
(5)
All parking areas adjacent to single-family use or zoning classification shall be screened by a minimum six-foot high compact evergreen hedge.
(6)
If housing is provided, including dormitory facilities for students and teachers, the minimum lot area shall be 10,000 square feet plus 300 square feet for each sleeping room in excess of four; where a sleeping room is occupied by more than two beds, every two beds therein shall be counted as a single sleeping room.
(7)
The minimum front, rear and side yards otherwise required in the Zoning District each shall be increased by 10 feet.
(8)
All structures shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by firefighting equipment and vehicles.
F.
Comparable use not specifically listed, subject to:
(1)
Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the Zoning District in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the Zoning District. In making such determination, the Board shall consider the following characteristics of the proposed use:
(a)
The number of employees.
(b)
The floor area of the building or gross area of the lot devoted to the proposed use.
(c)
For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same SIC code or Major Group number as one or more uses that are specifically listed in the Zoning District.
(d)
The type of products, materials and equipment and/or processes involved in the proposed use.
(e)
The magnitude of walk-in trade.
(f)
The traffic and environmental impacts.
(2)
The proposed use shall comply with all applicable area and bulk regulations of the Zoning District.
(3)
The proposed use shall comply with any applicable express standards and criteria specified in this chapter for the most nearly comparable use by special exception or conditional use listed in the Zoning District in which the comparable use is proposed.
(4)
The proposed use shall be consistent with the purpose statement for the Zoning District in which it is proposed and shall be consistent with the community development objectives of this chapter.
G.
Expansion of a nonconforming use, subject to:
(1)
It shall be determined that the expansion of such use will not be detrimental to the neighborhood, taking into consideration the physical relationship of the nonconforming use to the surrounding properties, the probable hours of operation, the activities to be conducted, any affect on parking, traffic access, and other uses authorized in the proximity thereof and all other factors relating to the health, safety and general welfare of the Borough or any portion thereof.
(2)
Such expanded nonconforming use shall be sited, oriented and landscaped to shield effectively such expanded nonconforming use from adjacent properties.
(3)
Expansion of a nonconforming use shall be further subject to the provisions of § 27-1602D of this chapter.
H.
Greenhouse or horticultural nursery, subject to:
(1)
The minimum site for a greenhouse or horticultural nursery shall be two acres.
(2)
No storage of manure or odor or dust producing substances shall be permitted within 200 feet of any adjacent lot line.
(3)
No greenhouse heating plant shall be operated within 50 feet of any adjacent lot line.
(4)
No products shall be outwardly displayed or offered for sale on the premises or from the roadside.
I.
Public buildings; firehouses, subject to:
(1)
Ingress and egress to and from police and fire houses shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.
(2)
Fire houses, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
(3)
All outside storage of materials, vehicles or equipment shall be screened from public view from streets and adjacent properties by a six-foot hedge or opaque fence.
(4)
Social halls shall not be permitted in firehouses. Kitchens and social halls in other community buildings shall be subject to the parking requirements specified in Part 11 for eating and drinking establishments.
(5)
Where permitted, social halls located in an "S" or "R" District or within 100 feet of an "S" or "R" District shall keep doors and windows closed during any hours when entertainment is presented.
(6)
All off-street parking which adjoins residential use or Residential Zoning District shall be screened by Buffer Area C as defined in § 27-1403.2 of this chapter.
J.
Public or private recreation, subject to:
(1)
No lighting shall be permitted other than in parking lots and walkways necessary for pedestrian safety and such lighting shall be shielded away from adjacent streets and properties.
(2)
Any outdoor facility located within 200 feet of an existing dwelling shall cease operations at dusk.
(3)
Outdoor speakers shall not be permitted.
(4)
The location of buildings and structures shall be designed to minimize the impact on adjacent residential properties.
(5)
Basketball courts, tennis courts, playing fields and other outdoor active recreation facilities shall be located at least 200 feet from any occupied dwelling.
(6)
Buffer Area B, as defined in § 27-1403.2 of this chapter, shall be provided along all property lines adjacent to residential use or Residential Zoning District for any active outdoor recreation facility that is within 100 feet of the property line.
(7)
All parking areas shall be screened by Buffer Area C, as defined in § 27-1403.2 of this chapter, along all property lines adjacent to residential use or Residential Zoning District.
(8)
Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and firefighting equipment.
(9)
Connection to public sewers and public water shall be required and adequate sanitary facilities shall be available to the public during regular hours of operation.
K.
Public utility buildings or structures, subject to:
(1)
Public utility structures, other than buildings, may exceed the height limitations of the Zoning District, provided the minimum required yards are increased by one foot for each one foot of height in excess of the maximum allowable height.
(2)
Maintenance vehicles shall be stored within a completely enclosed building.
(3)
Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six-foot high opaque fence with locking gate, fencing or by a six-foot high compact dense evergreen hedge.
(4)
Only those buildings or structures essential to the operation and maintenance of the essential services provided by a public utility shall be permitted in a Residential Zoning District. Administrative offices shall not be authorized under this paragraph in any "R" Residential District.
L.
Sexually oriented businesses, subject to:
(1)
Sexually oriented businesses shall not be permitted in any Zoning District other than the I-1 Light Industrial District. A sexually oriented business shall not be located within 1,000 feet of any of the following:
(a)
A church.
(b)
A public or private pre-elementary, elementary or secondary school.
(c)
A public library.
(d)
A child care facility or nursery school.
(e)
A public park adjacent to any residential Zoning District.
This measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, child care facility or nursery school; or to the nearest boundary of an affected public park. |
(2)
A sexually oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private pre-elementary, elementary or secondary school, public library, child care facility, nursery school or public park within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(3)
No sexually oriented business shall be located within 1,000 feet of another sexually oriented business. The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(4)
No more than one sexually oriented business shall be established or enlarged in any building, structure or portion thereof containing another sexually oriented business.
(5)
A sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of fewer than 150 square feet of floor space, a film or videocassette or other video or other image production or reproduction which depicts "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements:
(a)
The application for a permit to operate a sexually oriented business shall be accompanied by a floor plan and plot plan diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all viewing rooms, partitions and doors and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station shall not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's drawing shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(b)
The application shall be sworn to be true and correct by the applicant.
(c)
No alteration in the configuration or location of a manager's station shall be made without the prior approval of the Zoning Officer or his designee.
(d)
It shall be the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(e)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.
(f)
It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to ensure that the view as specified in this clause remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to clause (a), above.
(g)
No viewing room may be occupied by more than one person at any time. No connections or openings to an adjacent viewing room shall be permitted.
(h)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not fewer than one footcandle as measured at the floor level.
(i)
It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(6)
Modeling classes using nude models shall be exempt from these regulations and the requirement to obtain approval as a use by special exception, provided they are operated:
(a)
By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college or university supported entirely or partly by taxation.
(b)
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
(c)
In a structure:
1)
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
2)
Where, in order to participate in a class, a student must enroll at least three days in advance of the classes.
3)
Where no more than one nude model is on the premises at any one time.
(7)
The application for approval of the use by special exception shall be signed by the applicant. If the applicant is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation shall sign the application for a permit as applicant.
(8)
If approval of the use by special exception is granted, the certificate of occupancy shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The certificate of occupancy shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(9)
As a condition of approval of the use by special exception, the applicant shall agree to permit representatives of the Police Department, Fire Official, Zoning Officer or other Borough departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that the sexually oriented business is occupied or open for business.
(10)
As a condition of approval of the use by special exception, the applicant shall agree to making an application for renewal of the certificate of occupancy on or before December 31 of each year. The applicant shall meet all of the following conditions for issuance and renewal of the certificate of occupancy.
(a)
The applicant is 18 years of age or older.
(b)
The applicant or applicant's spouse shall not be overdue in his or her payment to the Borough of taxes, fees, fines or penalties assessed against him or her imposed upon him in relation to a sexually oriented business.
(c)
The applicant shall provide information reasonably necessary for issuance of the permit and shall not falsely answer a question or request for information on the application form.
(d)
The applicant shall not reside with a person who has been denied a permit by the Borough to operate a sexually oriented business within the preceding 12 months, or with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(e)
The premises to be used for the sexually oriented business shall have been inspected and shall have been approved by both the Zoning Officer and the Fire Official as being in compliance with the applicable laws and ordinances.
(f)
The permit fee required by this chapter shall have been paid. The applicant shall not be in violation of and shall be in compliance with all of the provisions of this chapter.
(g)
The individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manger or other person in charge of the operation of the applicant's business, shall not have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania including, but not limited to, prostitution, obscenity and possession of child pornography or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this Subparagraph 1L(10), the person's or persons' conviction or release in connection with the sexual misconduct offense shall have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.
(11)
As a condition of approval of the use by special exception, the applicant shall agree that if the Zoning Officer denies renewal of the certificate of occupancy, the applicant shall not be eligible for another certificate of occupancy for one year from the date of denial, unless the violations cited as the basis for denial have been corrected or abated within 90 days of the date of denial.
(12)
As a condition of approval of the use by special exception, the applicant understands that the certificate of occupancy shall be suspended for a period not to exceed 30 days if the Zoning Officer determines that the applicant committed one or more of the following:
(a)
Violated or failed to comply with any requirement of this Subparagraph 1L(12) or any condition attached to the approval by the Zoning Hearing Board.
(b)
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.
(c)
Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
(d)
Knowingly permitted gambling by any person on the premises of the sexually oriented business.
(e)
Failed to man managers' stations and/or maintain viewing rooms as set forth in this Subsection.
(13)
As a condition of approval of the use by special exception, the applicant understands that the certificate of occupancy shall be revoked if the Zoning Officer determines that one or more of the following has occurred:
(a)
The permittee, or any of the persons specified in Subparagraph 1L(10)(g), is or has been convicted of the offenses specified in Subparagraph 1L(10)(g).
(b)
The permittee gave false or misleading information in the material submitted to the Borough during the application process.
(c)
The permittee or an employee of a permittee has knowingly allowed possession, use or sale of controlled substances on the premises.
(d)
The permittee or an employee of a permittee has knowingly allowed prostitution on the premises.
(e)
The permittee or an employee of a permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended.
(f)
The permittee or an employee of a permittee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other explicit sexual conduct to occur in or on the permitted premises.
(g)
The permittee is delinquent in payment to the Borough or State of any taxes or fees relating to sexually oriented businesses.
(14)
Any suspension or revocation of the certificate of occupancy for a period of six months or more shall result in the expiration of approval of the use by special exception. Any application to reinstate the lapsed certificate of occupancy shall require a new application for and approval of the use by special exception.
(15)
Neither the approval of the use by special exception nor the certificate of occupancy issued thereunder shall be transferred from the applicant to any other person, nor shall it authorize the operation of a sexually oriented business at any place other than the address designated in the application.
M.
Temporary uses or structures, subject to:
(1)
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this Subsection as a condition of issuing a certificate of occupancy.
(2)
If applicable, a transient merchant license shall be obtained from the Borough.
(3)
Approval of temporary uses or structures shall be granted for a specific time period not to exceed six months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.
(4)
All temporary uses or structures shall be removed within 10 days of the expiration of the specific period for which the structure or use is approved.
(5)
All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 27-1103C for the specific use proposed.
(6)
Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.
(7)
All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the Zoning District in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the Zoning District for accessory structures. No temporary use or structure shall be located in any public right-of-way.
(8)
Temporary uses or structures which are authorized for a particular event shall be removed within 48 hours after the completion of the event.
(9)
Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot and are available to the customers or patrons of the temporary use or structure.