In any I-1 Industrial District, the following
regulations shall apply.
A building may be erected, altered or used and
a lot or premises may be used for any of the following purposes and
for no other:
A.
Research, engineering or testing laboratories.
B.
Any production, processing, cleaning, testing, repair,
storage and distribution of materials, goods, foodstuffs and products.
C.
Public utility installations and public-service uses.
D.
Truck freight terminal.
E.
Contractor's establishment not engaging in any retail
activities on the site.
F.
Administrative activities and offices.
G.
Building supply.
H.
Customary accessory uses associated with industrial
districts.
The following area and bulk regulations shall
apply:
A.
Lot size: one acre minimum.
B.
Lot width: 150 feet minimum at building line.
C.
Lot coverage: 35% maximum.
D.
Building setback line: 25 feet minimum.
E.
Side yards: 25 feet minimum each side.
F.
Rear yard: 25 feet minimum.
G.
Maximum building height: 40 feet.
H.
Tower and chimney location: 50 feet minimum from any
lot line.
I.
Paved surface area may not exceed 40% of lot area.
Design standards shall conform to the requirements of § 162-53.
Parking spaces shall be provided as required by § 162-54.
Signs shall conform to the requirements of § 162-47.
The following limitations shall be applied to
any use permitted in this district:
A.
Manufacturing activities in this district shall be carried on in completely enclosed buildings. Only storage may be permitted out of doors, under the provisions of § 162-53.
B.
Noise emanating from a use in this district shall
not exceed the level of ordinary conversation at the boundaries of
the lot. Short, intermittent noise peaks may be permitted if they
do not exceed normal traffic noise peaks at any point on the lot boundaries.
C.
Uses in this district shall be such that they:
(1)
Emit no obnoxious, toxic or corrosive fumes or gases.
(2)
Emit no odors perceptible at the lot boundaries.
(3)
Emit no smoke.
(4)
Discharge into the air no dust or other particulate
matter.
(5)
Produce no heat or glare perceptible at or beyond
the lot boundaries.
(6)
Utilize lighting in a manner which produces no glare
in public streets or on any other parcel.
(7)
Produce no physical vibration perceptible at or beyond
the lot boundaries.
(8)
Produce no electromagnetic radiation or radioactive
emission injurious to human beings, animals or vegetation. Electromagnetic
radiation or radioactive emissions shall not be of an intensity that
interferes with the use of any other property.
(9)
Do not engage in reproduction or storage of any material
designed for use as an explosive, or in any way create any other danger
to the safety of the surrounding area.
(10)
Discharge no untreated potentially dangerous
effluent from plant operations.
(11)
Do not engage in the storage of waste materials
on the lot for any period beyond 30 days.
[Added 2-19-1995 by Ord. No. 1015]
A.
Legislative intent and purpose.
(1)
It is hereby determined that adult entertainment
uses, as defined by this section, tend to bring with them secondary
concerns that impact on the health, safety and general welfare concerns
of the Borough of Glenolden. These associated concerns include difficulties
for law enforcement, municipal maintenance, trash, deleterious effects
on business and residential property values, increased crime, particularly
corruption of the morals of minors and prostitution, and encourage
residents and businesses to move elsewhere.
(2)
With these goals in mind, the Borough of Glenolden
is amending the Zoning Chapter to restrict or limit the location of
where said activities can locate within the bounds of the Borough
of Glenolden. The Borough of Glenolden has concluded that a permitting
and/or licensing process is a legitimate and reasonable means of accountability
to ensure that the operators of adult entertainment uses comply with
reasonable regulation and do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation. The
Borough of Glenolden also does not intend by this section to effect
or suppress any activities protected by the First Amendment but instead
address these secondary effects.
B.
ADULT ARCADE
ADULT CABARET, ADULT DANCE HALL, ADULT CLUB, ADULT BAR, ADULT
TAVERN, NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT
ADULT ENTERTAINMENT
ADULT MATERIAL SALES
(1)
(2)
(3)
ADULT MINI-MOTION-PICTURE THEATER
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
APPLICANT
CERTIFICATION
ESTABLISHMENT
(1)
(2)
(3)
(4)
NUDITY or STATE OF NUDITY
PEEP SHOWS
PERMITTEE and/or LICENSEE
PERSON
SEMI-NUDE OR SEMI-NUDITY
SEXUAL ENCOUNTER CENTER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
TRANSFER OF OWNERSHIP OR CONTROL
(1)
(2)
(3)
Definitions. As used in this section, 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-producing devices are maintained
to show images to five or fewer persons per machine at any one time
or where the image is so displayed or distinguished or characterized
by depicting or describing specified sexual activities or specified
anatomical areas.
Any establishment offering adult entertainment; any cabaret,
dance hall, club, tavern, bar nightclub, restaurant or similar commercial
establishment offering entertainment used for presenting material
distinguished or characterized by an emphasis on matter depicting
or describing specified sexual activities or specified anatomical
areas, for observation by patrons therein, whether or not liquor is
sold on the premises. Such presentation or material may be live or
through films, motion picture, videocassettes, slides or other photographic
reproduction depicting or describing specified sexual activities or
specified anatomical areas.
Live or non-live entertainment containing specified sexual
activities or displaying or presenting specified anatomical areas.
This definition is a broad overall definition which includes the activities
adult cabaret, adult dance hall, adult club, adult bar, adult tavern,
adult material sales, adult mini-motion-picture theater, adult motion-picture
theater and peep show as part of the definition for "adult entertainment."
Book, video or magazine sales, other printed
matter, photographs, films, motion-picture videos or production slides
or other visual representation and/or rentals where either the materials,
advertising, displays or signs in or out of the locations offer written
material showing, displaying or used for presenting material distinguished
or characterized by an emphasis on matter depicting or describing
specified sexual activities or specified anatomical areas for observation
by patrons therein. This does not apply to the availability for sale
of any material displayed in such a way that only the name of the
book or magazine appears.
Instruments, devices or paraphernalia which
are used for presenting material distinguished or characterized by
an emphasis on matter depicting or describing specified sexual activities
or specified anatomical areas.
Such commercial establishments as listed in Subsections (1) and (2) of this definition may have other principal business purposes that do not involve the offering for sale or rental of material depicted or describing specified sexual activities or specified anatomical areas and still be characterized as "adult material sales." Such other business purposes will not serve to exempt such commercial establishments from being categorized as "adult material sales" as long as one of its principal business purposes is the offering for sale or rental for consideration of specified materials used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
Any enclosed or semienclosed or unenclosed building which
houses a commercial establishment with the capacity for less than
50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas, for observation by patrons
therein.
A hotel, motel or similar commercial establishment which
offers accommodation to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproduction
which are used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas.
Any enclosed or partially enclosed or unenclosed building
which houses a commercial establishment with the capacity of 50 or
more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas for observation by patrons
therein.
A person who applies by filling out an application for a
permit for an adult entertainment business.
A department and/or agency for the Borough, after inspection
of the premises for adult entertainment, writes a report to the Code
Zoning Officer regarding compliance or noncompliance.
The opening or commencement of any adult entertainment
as a new business.
The conversion of an existing business, whether
or not an adult entertainment, to an adult entertainment business.
The addition of any adult entertainment business
to any other existing adult entertainment business.
The relocation of any adult entertainment business.
The appearance of the specified anatomical areas without
any coverings on the body area.
Any enclosed or semienclosed or unenclosed building/enclosure
which houses a commercial establishment with the capacity for one
person, used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activity or specified anatomical areas for observation by parties
therein.
A person or persons to whom a permit and/or license to operate
an adult entertainment has been issued, as well as the individual
or individuals listed as an applicant on the application for a permit
and/or license.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
State of dress in which clothing partially or opaquely covers
specified anatomical areas.
A business or commercial enterprise that as one of its primary
business purposes offers for any form of consideration:
The sale, lease or sublease of a business.
The transfer of securities which constitutes
a controlling interest in the business, whether by sale, exchange
or similar means.
The establishment of a trust, gift or other
similar device which transfers the ownership or control of the business,
except for transfer by a bequest or other operation of law upon the
death of a person possessing the ownership or control.
C.
Uses.
(1)
Only in the Industrial District, when authorized
by a special exception, shall the land, buildings or premises be used
for the following uses:
(a)
Adult arcade.
(b)
Adult cabaret, adult dance hall, adult club,
adult bar, adult tavern, nightclub, restaurant or similar commercial
establishment.
(c)
Adult entertainment.
(d)
Adult material sales.
(e)
Adult mini-motion-picture theater.
(f)
Adult motel.
(g)
Adult motion-picture theater.
(h)
Peep shows.
(i)
Sexual encounter center.
(2)
In addition, the above additional uses are allowed
by permit only in the Industrial District if the property line of
this use is greater than 650 feet from the property lines of a:
(3)
For purposes of this section, measures 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 an adult entertainment business
is conducted to the nearest property line of a school, house of worship,
Borough-owned park and/or residential district.
D.
Inspection.
(1)
An applicant or permittee shall permit representatives
of the Police Department, Fire Marshal, Zoning Officer or other Borough
departments or agencies to inspect the premises of an adult entertainment
business for the purpose of ensuring compliance with the law at any
time the adult entertainment business is occupied or open for business.
These inspection departments/agencies shall certify in writing to
the Code Enforcement Officer whether compliance is achieved.
(2)
A person who operates an adult entertainment
business or his agent or employee violates the Zoning Ordinance of
the Borough of Glenolden if he refuses to permit such lawful inspection
of the business at any time it is occupied or open for business.
E.
Fees. The annual fee for an adult entertainment business
permit is $500.
F.
Suspension. The Zoning Officer or his representative
shall suspend a permit for a period not to exceed 30 days if he determines
that a permittee or an employee of the permittee has:
G.
Revocation.
(1)
The Zoning Officer or his representative shall revoke a permit if a cause of suspension set forth in Subsection F occurred and the permit has been suspended within the preceding 12 months.
(2)
The Zoning Officer or his representative shall
also have the power to revoke a permit if he determines that:
(a)
A permittee or any of the persons specified
has given false or misleading information or materials submitted to
the Borough during the application process.
(c)
A permittee or employee of the permittee knowingly
operated the adult entertainment business during a period of time
when the permittee's permit was suspended or revoked.
(d)
A permittee or employee of the permittee knowingly
allowed any action of sexual intercourse, sodomy, oral copulation,
masturbation or other sexual conduct to occur in or on the permitted
premises.
(e)
A permittee is delinquent in payment to the
Borough or state for any taxes or fees past due.
(3)
When the Zoning Officer revokes the permit,
the revocation shall continue for one year, and the permittee shall
not be issued an adult entertainment business permit for one year
from the date when the revocation became effective. If, subsequent
to revocation, the Zoning Officer finds that the basis for the revocation
has been corrected or abated, the applicant may be granted a permit
if at least 90 days have elapsed since the date when the revocation
became effective.
(4)
After denial of an application or denial of
a renewal of an application or suspension or revocation of a permit,
the applicant or licensee or permittee may seek prompt judicial review
of such administrative action in a court of competent jurisdiction.
The administrative action shall be promptly reviewed by the court.
H.
Transfer of permit. A permittee shall not transfer
his permit to another person nor shall a permittee operate an adult
entertainment business under the authority of a permit at any place
other than the address designated within the application.
I.
Injunction. A person who operates or causes to be
operated an adult entertainment business without a valid permit or
in violation of this section is subject to an action in equity or
a suit for injunction as well as citations for violations of the Zoning
Ordinance.
