In this district, the land may be used and buildings
and structures may be erected, altered or used for the following purposes
and no other:
A.
Permitted uses.
(1)
Any of the uses listed below when conducted in an
enclosed building and not obnoxious outside the building by reason
of dust, odor, noise or visual impact:
(2)
Essential services.
B.
Conditional uses.
(1)
Nightclubs, subject to the requirements of § 374-46 and the following express standards and criteria:
(a)
The site shall have direct access to an arterial
or collector road as defined by this chapter.
(b)
Nightclub and restaurant operations shall cease
between the hours of 2:00 a.m. and 5:00 a.m. prevailing time and the
establishment shall not be open to the public during those hours.
(c)
All operations shall be conducted within an
enclosed building and doors and windows shall remain closed during
hours of normal operation.
(d)
Noise in excess of 90 decibels as measured on
a decibel or sound level meter of standard quality and design operated
on the A-weighting scale at a distance of 25 feet from any property
line of the property on which the noise source is located shall not
be permitted.
(e)
Nightclubs shall be located at least 200 feet
from property in a residential zoning classification.
(f)
No nightclub shall be located within 500 feet
of another nightclub as measured from property line to property line.
(g)
The owner and/or operator shall provide private
security, licensed under the laws of the Commonwealth of Pennsylvania,
if warranted during events which attract maximum permitted occupancy.
(h)
Parking areas adjoining single-family zoning
or use shall be screened by a buffer area at least six feet in depth
planted with coniferous material at least six feet in height.
(i)
Where several uses exist on the same lot which
have different hours of normal operation, Borough Council may authorize
shared parking facilities between the nightclub and other uses on
the same lot, provided that:
[1]
Not more than 50% of the total number of spaces
required for the nightclub by this chapter may be shared with other
uses on the lot.
[2]
The total number of spaces available shall not
be less than the sum of the separate requirements for each use for
which normal operations coincide.
[3]
Shared spaces shall not be located on property
other than the site of the principal building in which the nightclub
is located.
[4]
A written agreement between the parties concerned
which is in a form acceptable to the Borough Solicitor shall be submitted
with the application for a building permit for the nightclub.
(2)
Adult businesses subject to §§ 374-46, 374-47, 374-48, 374-49, 374-50 and 374-51 of this chapter and the following expressed standards and criteria:
(a)
An adult business shall not be located within
1,000 feet of a church; public or private preelementary, elementary
or secondary school; public library; day-care center or nursery school;
or public park adjacent to any Residential District measured in a
straight line from the nearest portion of the building or structure
containing the adult business to the nearest property line of the
premises of any of the above listed uses.
(b)
An adult business shall not be located within
5,000 feet of any other adult business measured in a straight line
from the closest exterior wall of the building or structure in which
each adult business is located.
(c)
No more than one adult business shall be located
in the same building, structure or portion thereof, nor shall any
adult business increase its floor area into any building, structure
or portion thereof containing another adult business.
(d)
An adult 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 adult business permit, of a church,
public or private pre-elementary, elementary or secondary school,
public library, day-care center or nursery school or public park within
1,000 feet. This provision applies only to the renewal of a valid
permit and shall not apply when an application for a permit is submitted
after a permit has expired or has been revoked.
(e)
Any adult business, other than an adult motel,
which exhibits on the premises in a viewing room (a separate compartment
or cubicle) of less than 150 square feet of floor space, a film or
video cassette or other video or image production or reproduction
which depicts nudity or sexual conduct, as defined herein, shall comply
with the following:
[1]
At least one employee shall be on duty and shall
be situated in each manager’s station at all times that any
patron is present inside the premises.
[2]
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 rest rooms. Rest rooms 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
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.
[3]
It shall be the duty of the owners and operators
and any agents and employees present on the premises to ensure that
the viewing area 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 in the application submitted to the Borough as an area
in which patrons will not be permitted.
[4]
No viewing room shall be occupied by more than
one person at any time. No connections or openings to an adjoining
viewing room shall be permitted.
[5]
The premises shall be equipped with overhead
lighting fixtures of sufficient intensity to illuminate every place
in which patrons are permitted access at an illumination of not less
than one footcandle as measured at the floor level. It shall be the
duty of the owners and operators and any agents and employees present
on the premises to ensure that the illumination is maintained at all
times that any patron is present on the premises.
[6]
If live performances are to be given, the premises
in which such live performances are to be offered shall contain a
stage separated from the viewing area and the viewing area shall not
be accessible to the performers, nor shall the performers have easy
access to the viewers present.
[7]
Liquor or intoxicating beverages shall not be
sold on the premises for which the permit is sought.
(3)
Methadone treatment facility subject to § § 374-46, 374-47, 374-48, 374-49, 374-50 and 374-51 of this chapter and the following expressed standards and criteria:
(a)
A methadone treatment facility shall not be
located within 500 feet of a church; public or private pre-elementary,
elementary or secondary school; public library; day-care center or
nursery school; or public park adjacent to any Residential District
measured in a straight line from the nearest portion of the building
or structure containing the methadone treatment facility to the nearest
property line of the premises of any of the above listed uses.
In this district, the following area and bulk
regulations shall apply to the uses permitted:
C.
Maximum lot coverage: 35%.
I.
Buffer area. A buffer area, as defined by this chapter,
shall be provided along all property lines which adjoin single-family
development or single-family or civic district zoning classification.
The buffer area shall be at least six feet in depth as measured from
the property line.
In this district, a loading and access area
shall be provided to the rear or side of all commercial buildings.
This area shall be sufficiently large so that any vehicle, while servicing
such commercial building, shall not protrude into any street or sidewalk
and this area, in all cases, shall be at least 20 feet in depth. The
purpose of this area, inter alia, shall be to grant rear or side access
to the building for fire and police protection and for the loading
and unloading of merchandise, and to protect such property and the
occupants thereof.
Borough Council shall hear and decide applications for conditional uses in accordance with the procedures specified in § 374-118 of this chapter.
All authorized uses in this district shall be subject to the application requirements and approval procedures for site plan approval specified in § 374-71 of this chapter.
All uses in this district are subject to the performance standards specified in § 374-56 of this chapter.
In order to reduce traffic hazards, where physically
feasible, access to commercial lots on PA Route 51 shall be limited
to signalized intersections. In the event that several properties
share access to the signalized intersection, by way of private driveways,
rather than a public street, evidence shall be provided to the Borough
of an easement and/or other acceptable agreement among the parties.
In the event that shared access to a signalized intersection is not
physically feasible or practical, the edge of any driveway which intersects
with PA Route 51 shall be located at least 200 feet from the edge
of any other driveway on the same side of the street which intersects
with PA Route 51. Lots which cannot meet the requirement for minimum
distances between driveways because of lack of sufficient road frontage
shall locate any driveway at the maximum practical distance from any
other driveway on the same side of the street.
