Verona City Zoning Code
ARTICLE X
LM Light Manufacturing and Industrial District
§ 250-47 Limitation on uses.
In the Light Manufacturing and Industrial District, land, buildings and/or structures may be used and buildings and/or structures may be erected, altered and maintained for only the following uses.
§ 250-48 Principal permitted uses.
[Amended 6-19-1989 by Ord. No. 5-1989]
A.
Principal permitted uses are as follows:
(1)
Automobile, truck, motorcycle, farm equipment, construction equipment servicing, painting, upholstering, collision repair, tire retreading and recapping and battery manufacturing, not including retail gasoline service station.
(2)
Bakery.
(3)
Boatbuilding.
(4)
Bottling works.
(5)
Building materials storage and sales.
(6)
Car wash.
(7)
Clothing manufacture.
(8)
Cold storage or locker food storage.
(9)
Contractors' offices and equipment and materials storage.
(10)
Cosmetics and manufacture of legal drugs.
(11)
Distribution plant, including parcel delivery, etc.
(12)
Dry cleaning and commercial laundry.
(13)
Electrical goods manufacture, limited to household items.
(14)
Food products processing and packaging, except meat, fish and dog or cat food processing.
(15)
Furniture and hardware manufacture.
(16)
Jewelry, timepiece, optical, musical instrument or scientific instrument manufacture.
(17)
Machine ship.
(18)
Manufacture of tools, dies or patterns.
(19)
Machinery repair, sales and display.
(20)
Metal fabrication, with foundry casting limited to lightweight nonferrous metals and drop hammer or punch press with capacity of not more than 50 tons.
(21)
Printing and publishing plants.
(22)
Research laboratories.
(23)
Sign and display manufacturing and storage.
(24)
Truck terminals, including offices, dormitories, transfer depots, truck servicing and repairing.
(25)
Veterinary hospitals.
(26)
Warehousing, storage and packaging.
(27)
Wholesale business.
(28)
Public utility service buildings, structures and facilities.
(29)
Government uses.
(30)
Parking lots or structures to serve principal permitted uses in the Commercial or Light Manufacturing and Industrial District, publicly or privately operated.
§ 250-49 Accessory uses.
[Amended 6-19-1989 by Ord. No. 5-1989]
A.
Accessory uses as follows:
§ 250-50 Conditional uses.
§ 250-51 Height.
No building or structure erected or enlarged in the Light Manufacturing and Industrial District shall exceed in height 50 feet or two stories. Accessory buildings or structures shall not exceed 14 feet in height or one story, except signs.
§ 250-52 Yard requirements.
§ 250-53 Lot area, width and coverage.
§ 250-54 Performance standards.
The following standards governing the operation of permitted activities in the LM District shall apply where they are more restrictive than applicable controls of Allegheny County or the Commonwealth of Pennsylvania. These standards shall apply to all industrial construction, whether new facilities or expansion of existing operations, proposed after adoption of this chapter.
A.
The developer shall produce evidence that the performance requirements of Allegheny County and the Commonwealth of Pennsylvania have been or will be met in the conduct of the proposed operation.
B.
The following are maximum allowable emissions as measured along property or district boundaries, as noted:
(1)
Noise: 50 decibels along the boundary of the district, whether steady or intermittent, except noise of transportation in motion which shall be excluded.
(2)
Smoke: density equivalent to Number 2 on the Ringelmann smoke detection chart measured along district boundaries.
(3)
Glare: intensity of 50 footcandles from a direct light source measured along property lines or 20 footcandles measured along district boundaries on any surface.
C.
The following controls on potentially noxious side effects of industrial operations shall also apply, and the developer shall demonstrate to the Planning Commission's satisfaction that, if activities likely to produce these side effects will be a part of the operation, measures will be taken to conform to these controls:
(1)
Dust: shall be gathered within the structure housing the process producing the dust.
(2)
Sky-reflected glare: All operations producing sky-reflected light shall be conducted in an enclosed structure.
(3)
Vibration: No vibration from any process shall be discernible beyond the boundary of the property on which a vibration-producing process occurs.
(4)
Outside storage:
(a)
Solids. Solid materials shall be screened from view from any public street and from areas outside the Industrial "LM" District.
(b)
Liquids. Liquid materials shall be stored in vented tanks below grade or in above-grade vessels, not exceeding 35 feet in height, surrounded by a dike of sufficient capacity to contain the maximum volume of the tank or tanks thus enclosed.
(5)
Waste disposal.
(a)
Solid. Solid waste shall be removed from a property not less often than once weekly.
(b)
Liquid. Liquid waste shall be directed to the sanitary public sewer or, if certain liquid wastes are not permitted to enter the sewers, they shall be removed from the property producing them and disposed of outside the Borough in a manner complying with state requirements.
§ 250-55 Regulations specific to sexually oriented conditional uses. [1]
As used in this article, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images of five or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore and adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
Persons who appear in the state of nudity.
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Either or both of the following:
An exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
A live performance, display or dance of any type which has a significant or substantial portion of the performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling, or any other personal services offered patrons.
An enclosed building with a capacity of less than 50 persons regularly 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.
A hotel, motel or similar commercial establishment, which:
Offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.
Offers any single sleeping room for rent four or more times in one calendar day during five or more calendar days in any continuous thirty-day period.
An enclosed building with a capacity of 50 or more persons regularly 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.
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by sexual activities.
The person whose name appears on the application to operate a sexually oriented establishment or business.
A commercial establishment which, as one of its principal business purposes, serves and/or sells to children and their families food, apparels, goods, services, play and/or entertainment.
Any and all persons, including independent contractors, who work in or at or render any service directly related to the operation of a sexually oriented establishment.
A person who provides entertainment within a sexually oriented establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
A person or business association which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
An employee of the Allegheny County Health Department authorized and designated by Council of the Borough of Verona or an employee of or other person designated by the Borough of Verona to inspect premises regulated under this article and to cooperate in taking the required actions authorized by this article where violations are found on a premises to request correction of unsatisfactory conditions found on said premises.
A person, corporation or partnership in whose name a license to operate a sexually oriented business or other business within the Borough of Verona has been issued, as well as the individual listed as an applicant on the application for a license.
A person under 18 years of age.
Any place where a person appears seminude, in a state of nudity or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. The term "nude model studio" shall not include a proprietary school licensed by the state of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to college, junior college or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure and no other advertising that indicated a nude or seminude person is available for viewing.
Where in order to participate in a class a student must enroll at least three days in advance of the class.
Where no more than one nude or seminude model is on the premises at any one time.
The appearance of a human bare buttocks, anus, male genitals, female genitals or a female breast.
A person, partnership or corporation operating, conducting or maintaining a sexually oriented establishment.
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps and devices.
Does not include any of the following:
Medical publications or films or bona fide educational publications or films.
Any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealings with subjects of art or photography.
Any news periodical which reports or describes current events and which from time to time publishes photographs of nude or seminude persons in connection with the dissemination of the news.
Any publications or films which describe and report different cultures and which, from time to time publish or show photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the populations.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
Includes, without limitation, the following establishments when operated for profit, whether direct or indirect:
Adult arcade.
Adult bookstore or adult video store.
Adult cabaret.
Adult motion-picture theaters.
Adult mini motion-picture theaters.
Adult motel.
Adult theater.
Escort agency.
Nude model studio.
Sexual encounter center.
Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing sexually oriented motion pictures or where the entertainer provides adult entertainment of a sexual nature to a member of the public, patron or member.
An adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import. The term "booths, cubicles, rooms, studios, compartments or stalls," for purposes of defining sexually oriented establishments, does not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment and which are not held out to the public for the purpose of viewing motion pictures or other entertainment for a fee and which are not open to persons other than employees.
A business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas.
Includes:
Includes any of the following:
Human genitals in a state of sexual stimulation or arousal.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
Acts of human masturbation, sexual intercourse or sodomy.
Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.
Excretory functions as part of or in connection with any of the activities set forth herein.
Of sexually oriented establishment means the increase in floor areas occupied by the business by more than 25%, as the floor areas exist on date of enactment of this article, or an addition or expansion of more than 2,000 square feet.
Of a sexually oriented establishment, means and includes any of the following:
The sale or sublease of the business.
The transfer of the securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
[1]
Editor’s Note: The title of this section was changed 9-8-2015 by Ord. No. 04-2015.
§ 250-56 Sexually oriented establishments and businesses licensing and regulations. [1]
A.
A sexually oriented establishment shall not be permitted to be located within 1,000 feet of any other sexually oriented establishment, whether situate in the Borough of Verona or otherwise.
B.
No sexually oriented establishment shall be located within 500 feet from any residentially zoned land (excluding conservation districts) or lot used principally for residential use, whether situate in the Borough of Verona or otherwise. However, at Council's discretion, this distance may be reduced when there is a significant topographical change between the residential use or zoning and the site for the sexually oriented establishment.
C.
No sexually oriented establishment shall be located within 500 feet of any parcel of land situate in the Borough of Verona or otherwise which contains any one or more of the following specified land uses:
D.
The distance between any two sexually oriented establishments shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment. The distance between any sexually oriented establishment and a land use specified in Subsection C above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the sexually oriented establishments to the closest point on the property line of said land use.
E.
No materials, merchandise, film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
F.
Any building or structure occupied as a sexually oriented establishment shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise or films are exhibited or displayed, and no materials, merchandise or films shall be visible from outside of the building or structure.[2]
G.
Signs for sexually oriented establishments shall contain no photographs, silhouettes, drawings or pictorial representations of any specified anatomical areas or specified sexual activities.
H.
Each entrance, where minors are not permitted either by established policy or law, to the premises shall be clearly posted with a notice of a minimum size 8 1/2 inches by 11 inches, specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
I.
No sexually oriented establishment may change to another sexually related facility except upon approval of an additional conditional use. A sexually oriented establishment license shall not be transferred to another, nor may a licensee operate a sexually oriented establishment under the authority of a license at any place other than the address designated in the application.
J.
A license shall be required for sexually oriented establishments, as follows:
(1)
Any person who operates a sexually oriented business without a valid license issued by the Borough is guilty of a violation of this article.
(2)
An application for a license to operate a sexually oriented business must be made on a form provided by the Zoning Officer. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(3)
The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with the law by the Zoning Officer or other designee of the Borough of Verona and the Fire Marshal.
(4)
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. Each individual who has a ten-percent or greater interest in the business must sign the application for a license 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 must sign the application for a license as applicant.
(5)
The fact that a person possesses other types of Borough licenses does not exempt the person from the requirement of obtaining a sexually oriented business license.
K.
Issuance of license.
(1)
The Zoning Officer shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:
(a)
An applicant is under 18 years of age.
(b)
An applicant or an applicant's spouse or someone the applicant is residing with is overdue in his payment to the Borough of Verona for taxes, fees, fines or penalties assessed against him or imposed upon him.
(c)
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(d)
An applicant is residing with a person who has been denied a license by the Borough of Verona to operate a sexually oriented business within the preceding 12 months or is residing 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 has been reviewed and has been disapproved by either the Zoning Officer or the Fire Marshal as not being in compliance with applicable laws and ordinances.
(f)
The license fee required by this article has not been paid.
(g)
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
(h)
An individual applicant or any individual holding a direct or indirect interest of 10% or more in the business 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 manager or other person in charge of the operation of the applicant's business, has or 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 subsection, the person's or persons' conviction or release in connection with the sexual misconduct offense must 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.
(2)
The license, if granted, 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 license 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.
(3)
Zoning Officer and Fire Marshal shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the Zoning Officer. The certification shall be promptly presented to the Zoning Officer.
L.
Fees.
(1)
Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a nonrefundable application and investigation fee in an amount set from time to time by resolution of the Mayor and Council.
(2)
In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the Borough of Verona an annual nonrefundable license fee in an amount set by resolution of the Mayor and Council within 30 days of license issuance or renewal.
(3)
Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual nonrefundable application, investigation and license fee in an amount set by resolution of the Mayor or Council.
(4)
All license applications and fees shall be submitted to the Mayor of the Borough for review and investigation and approval or denial.
M.
Inspection.
(1)
Applicant or licensee shall permit authorized Borough of Verona officials and their agents or consultants to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
(2)
A person who operates a sexually oriented business or his agent or employee commits a violation of this article if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
N.
Expiration of license.
(1)
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this section. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, not be extended.
(2)
When the Borough denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If the Borough finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
O.
Suspension. The Mayor of the Borough shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has:
P.
Revocations and appeals of denials, suspensions or revocations.
(1)
The Mayor of the Borough shall revoke a license if a cause of suspension in this article occurs and the license has been suspended within the preceding 12 months.
(2)
The Mayor of the Borough shall revoke a license if he determines that:
(a)
A licensee gave false or misleading information in the material submitted during the application process.
(b)
A licensee has knowingly or negligently allowed possession, use or sale of controlled substances on the premises.
(c)
A licensee knowingly or negligently allowed prostitution on the premises.
(d)
A licensee knowingly or negligently operated the sexually oriented business during a period of time when the licensee's license was suspended.
(e)
A licensee has knowingly or negligently allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises.
(f)
A licensee is delinquent in payment to the Borough for any licensing fees past due.
(3)
When the Borough revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the Borough finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
(4)
All license application, renewal, suspension or revocation decisions shall be sent in writing to the applicant or licensee. All such decisions which deny, suspend or revoke a license shall state specifically the ordinance requirement not met and any other basis for the decision. After denial of an application, or denial of a renewal of an application, or after suspension or revocation of any license, the applicant or licensee may appeal pursuant to the Municipalities Planning Code, Act 170, as amended.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
Q.
Transfer of license. A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
R.
Regulations pertaining to exhibition of sexually explicit films, video or live entertainment in viewing rooms.
(1)
A person who operates viewing booths or causes them to be operated shall comply with the following requirements:
(a)
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations 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 may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint 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 Borough 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)
It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(d)
The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted to access for any purpose, excluding rest rooms. Rest rooms may not contain video reproduction 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 must be by direct line of sight from the manager's station. In addition, all viewing booths shall have at least one side fully open so that all of the area inside the booth is open to the view of persons in the public area of the establishment.
(e)
It shall be the duty of the licensee to ensure that the view area specified in Subsection R(1)(d) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, 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 this section.
(f)
No viewing room may be occupied by more than one person at any time.
(g)
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 less than five footcandles as measured at the floor level.
(h)
It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(i)
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
(j)
No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
(k)
The licensee shall, during each business day, regularly inspect the walls between viewing booths to determine if any openings or holes exist.
(l)
The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(m)
The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of or permanently covered by nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor.
(n)
A person having a duty provided above commits a violation of this article if he knowingly or negligently fails to fulfill that duty.
T.
Additional regulations for nude model studios.
(1)
Nude model studio shall not employ any person under the age of 18 years.
(2)
A person under the age of 18 years commits a violation of this article if the person appears seminude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this section if the person under 18 years was in a rest room not open to public view or visible to another person.
(3)
A person commits a violation of this article if the person appears in a state of nudity or knowingly or negligently allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(4)
A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
U.
Additional regulations concerning public nudity.
(1)
It shall be a violation of this article for a person to knowingly and intentionally in a public place:
(2)
For purposes of this article, "public place" includes all outdoor areas owned by or open to the general public and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members or restricted to adults or to patrons invited to attend, whether or not an admission charge is levied. This section shall not apply to:
(a)
Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
(b)
The exercise of free speech or free expression in the form of artistic and theatrical performances. It is the intention of the Borough that this section be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights.
(c)
It shall be a violation of this article for a person who knowingly or intentionally in a sexually oriented business appears in a seminude condition unless the person is an employee who while seminude shall be at least 10 feet from any patron or customer and on a stage at least two feet from the floor.
(3)
It shall be a violation of this article for an employee, while seminude in a sexually oriented business, to solicit or accept any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee while said employee is seminude in a sexually oriented business.
V.
Prohibition against children in a sexually oriented business. A person commits a violation of this article if he knowingly or negligently allows a person under the age of 18 years on the premises of a sexually oriented business.
W.
Hours of operation. No sexually oriented business shall be open for business before 10:00 a.m. Monday through Saturday or after 12:00 midnight Monday through Saturday. Sexually oriented businesses shall be closed at all times on Sundays and legal holidays.
X.
Exemptions. It is a defense to prosecution that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school licensed by the Commonwealth of Pennsylvania, a college, junior college or university supported entirely or partly by taxation.
(2)
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.
(3)
In a structure.
(a)
Which has no sign visible from the exterior of structure and no other advertising that indicates a nude person is available for viewing.
(b)
Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
(c)
Where no more than one nude model is on the premises at any one time.