A. Findings. See
§ 215-42A for detailed information.
B. Intent. It is the intent of this section to:
(1) Regulate adult businesses in order to promote the public health, safety and welfare by minimizing the secondary effects on the community which are associated with such businesses, and which include difficulties for law enforcement, trash disposal, deleterious effects on business and residential property values, increased crime (particularly prostitution and the corruption of morals of minors), and drive residents and businesses to move elsewhere.
(2) Designate a zoning district where adult businesses are permitted and establish reasonable, content neutral standards applicable to such uses.
(3) Have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented or adult materials.
(4) Not totally restrict or deny access by adults to sexually oriented materials or adult materials protected by the First Amendment of the Bill of Rights of the United States Constitution.
(5) Not deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(6) Not condone or legitimize the distribution of obscene material or encourage any violation of the Pennsylvania Crime Code or Pennsylvania Obscenity Code.
C. Special exceptions. Adult businesses are classified as special exceptions in certain districts, which provides a suitable area for the development of such uses away from areas designated for residential development.
D. Petition required. The applicant shall present to the Zoning Hearing Board a petition which indicates approval of the proposed use by 51% of the persons owning, residing or doing business within a radius of 500 feet of the location of the proposed use. The applicant shall have attempted to contact all eligible locations within this radius and must supply a list of all addresses at which no contact was made. The circulator of the petition shall subscribe to an affidavit attesting to the fact that the circulator personally witnessed the signatures on the petition and the same were affixed to the petition by the persons whose names appear thereon.
E. Standards. In addition to the other applicable general standards in this chapter, the following standards shall apply to adult businesses:
(1) Setback. Adult businesses shall not be located less than:
(a) One hundred feet from any public road right-of-way or any property line unless the standards in Subsection E(1)(b) below require larger setbacks;
(b) Five hundred feet from any:
[1] Residence.
[2] Group care facility.
[3] Commercial enterprises catering primarily to persons under 18 years of age.
[4] Public or semipublic facility or use.
[5] Public park or public recreation facility.
[6] Health facility.
[7] Any establishment that sells alcoholic beverages.
[8] Church or synagogue.
[9] Public or private school.
(2) Similar businesses. Adult businesses shall not be located within 1,000 lineal feet of any existing adult business.
(3) Measurement. The setback distances established in this Section E shall be as measured from the nearest edge of the building used for the subject use, measured in a straight line (without regard to intervening structures or objects) to the nearest lot line of the premises of a use from which the required setback applies.
(4) Enlargement. An existing, lawful nonconforming adult business may be expanded as a special exception once in total floor area beyond the floor area that lawfully existed in such use at the date of adoption of this chapter, but only in accord with
Article IX: Nonconformities.
(5) Limit of one use. It shall be a violation of this chapter for any person to cause or permit the operation, establishment, or maintenance of more than one adult business in the same building, structure or portion thereof, or an increase of floor area of any adult business in any building, structure, or portion thereof that contains another adult business.
(6) Nonconformity. Any adult business lawfully operating on the date of adoption of this chapter that is in violation of any of the provisions of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, altered or extended, except as permitted in Subsection E(4) above. The use may be changed to a conforming use. However, under no circumstances shall a nonconforming use as defined and regulated by this chapter be changed to any type of adult business.
(7) Location of new neighboring uses. An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use if, subsequent to the grant of a permit, a use from which an adult business is required to provide a setback under Subsection E(1) above is developed within the required setback distance. Any additions or expansions of the use shall comply with Subsection E(1) above.
(8) Buffer. A buffer not less than 40 feet in width shall be provided on side and rear lot lines in accord with
§ 215-35B.
(9) Visibility and signs. No sexually explicit material, signs, display, silhouette or word, or materials or merchandise shall be visible at any time from outside of the building. Exterior signs shall comply with the sign provisions of this chapter; however, business identification signs shall be limited to a maximum of 20 square feet and signs attached to the building facade shall be limited to a maximum total of 10 square feet. Content of such signs shall be limited to only the text of the name of the business and the hours of operation.
(10) Exemption for modeling class. It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated:
(a) By a proprietary school, licensed by the Commonwealth of Pennsylvania, or an academically accredited college or university;
(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 class;
[3] Where no more than one nude model is on the premises at any one time; or
(d) By an organization which qualifies under § 501(c)(3) of the U.S. Internal Revenue Code as a nonprofit organization or foundation.