[Amended 9-8-1977 by Ord. No. 481; 5-11-1980 by Ord. No. 504; 12-10-1992 by Ord. No. 581]
[Amended 7-8-2004 by Ord. No. 683]
The I Industrial District is designed to provide
for attractive non-nuisance industrial development which would not
create undue adverse impact on traffic or environmental quality. Further,
this District is intended to provide opportunity for permitted adult
entertainment uses. The uses are permitted with specialized standards
designed to minimize the impact of their secondary impacts. In the
I 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 lawful purpose, including any
use permitted in R-3a Residence Districts and mobile homes and mobile
home parks, except for the purposes set forth in Subsection A below
or any purpose substantially similar to any thereof:
A.
Permitted uses:
[Amended 7-8-2004 by Ord. No. 683]
(1)
Research, engineering or testing laboratories.
(2)
Office building or office.
(3)
Continuing care retirement community.
(4)
Packaging of products, final assembly, repair
and distribution of premanufactured products, including printed products,
communication equipment, optical goods, jewelry, time pieces, musical
instruments, toys, cosmetics, tobacco products, drugs and the like.
(5)
Printing, publishing, book binding or similar
establishments.
(6)
Light metal processes, including metal finishing,
grinding, polishing and heat treatment, metal cutting and extrusion
of small products (such as costume jewelry and pins); assembly and
manufacture of radio and television receivers; manufacture of light
machinery (such as business machines).
(7)
Indoor storage building or warehouse, to include
warehousing known as “ministorage,” consisting of multiple
warehouses which are either leased or sold; bottling establishment.
(8)
Governmental or public utility use or building.
(9)
An industrial park designated to accommodate
or comprise of a group of any of the industrial uses permitted in
this District.
(10)
Communications antennas mounted on an existing public utility transmission tower, building or other structure and communications equipment buildings arid the erection of new antenna support structures in accordance with § 300-138.1 et seq.
(12)
Any use permitted in a C Commercial District.
(13)
Open space for passive or active recreation.
(14)
Medical marijuana dispensaries.
[Added 1-13-2022 by Ord.
No. 836]
(15)
Medical marijuana growers/processors.
[Added 1-13-2022 by Ord.
No. 836]
(16)
Significant tobacco retailers.
[Added 1-13-2022 by Ord.
No. 836]
(17)
Vape shops.
[Added 1-13-2022 by Ord.
No. 836]
B.
Such accessory uses on the same lot as are customarily
incidental to any of the above permitted uses and not detrimental
to the neighborhood are permitted, which uses may include:
(1)
A cafeteria or other service facility located
within the building and operated for the exclusive use of the occupants
of the building.
(2)
A recreational area for occupants.
(3)
Living quarters for a watchman, caretaker or
similar security employee.
(4)
Signs as permitted by the Code of Nether Providence
Township in the C Commercial District.
C.
Residential uses as permitted in R-3a Residence Districts shall be in accordance with all the provisions of Article VII of the Township Zoning Ordinance, as amended from time to time.
D.
Commercial uses as permitted in the C Commercial Districts shall be in accordance with all the provisions of Article XIV of the Township Zoning Ordinance, as amended from time to time.
E.
Professional office uses as permitted in the P-O Professional Office Districts shall be in accordance with all the provisions of Article XV of the Township Zoning Ordinance, as amended from time to time.
F.
Mobile homes and mobile home parks shall be erected and constructed only in accordance with the area and setback requirements of Article VII of the Township Zoning Ordinance, as amended from time to time, and in accordance with the special requirements of the Nether Providence Subdivision Ordinance pertaining to mobile homes and mobile home parks.[2]
G.
Conditional uses.
[Added 1-16-1997 by Ord. No. 605]
(1)
Subject to the provision for uses found in Article XXIII and in particular those contained in § 300-141A(2) (which any other zoning district in Nether Providence Township), these conditional uses are permitted:
(2)
ADULT ARCADE
ADULT BOOKSTORE or ADULT NOVELTY STORE or ADULT VIDEO STORE
(a)
[1]
[2]
(b)
ADULT CABARET
(a)
(b)
(c)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
EMPLOYEE
ESCORT
ESCORT AGENCY
ESTABLISHMENT
(a)
(b)
(c)
(d)
NUDE MODEL STUDIO
(a)
(b)
(c)
NUDITY or STATE OF NUDITY
PERSON
SEMINUDE or SEMINUDE CONDITION
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
As used herein in this subsection, the following
terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated or for any form of consideration or electronically,
electrically or mechanically controlled still- or motion-picture machines,
projectors, video or laser disc players or other image-producing devices
are maintained to show images to five or fewer persons per machine
at any one 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, video cassettes or
video reproductions, slides or other visual representations which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas; or
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 an adult bookstore,
adult novelty store or adult video store. Such other business purposes
will not serve to exempt such commercial establishments from being
categorized as an adult bookstore, adult novelty store or adult video
store, so long as one of its business purposes is the offering for
sale or rental for consideration the specified materials which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity;
or
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concern, hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent or otherwise and whether or not said person is paid a salary,
wage or other compensation by the operator of said business. "Employee"
does not include a person exclusively on the premises for repair or
maintenance of the premises or equipment on the premises or for the
delivery of goods to the premises.
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 who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually
oriented business as a new business;
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business
to any other existing sexually oriented business; or
The relocation of any sexually oriented business.
Any place where a person who 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. "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 a college, junior college
or university supported entirely or partly by taxation; a community
art center recognized as tax exempt under the provision of § 501(c)(3)
of the Internal Revenue Code; or in a structure:
That has no sign visible from the exterior of
the structure and no other advertising that indicates 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 showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering; the showing of the female breast with less than a fully
opaque covering of any part of the nipple; or the showing of the covered
male genitals in a discernible turgid state.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following:
[1]
Editor's Note: Former Sections 902, 903, 904,
905, 906 and 907, which dealt with area and yard requirements, were
deleted 12-10-1992 by Ord. No. 581.
[Added 7-8-2004 by Ord. No. 683]
A.
Minimum lot area: two acres for each principal permitted
use.
B.
Maximum building coverage: 40%.
C.
Maximum impervious surface: 60%.
D.
Minimum width of each side yard: 50 feet.
E.
Minimum depth of front and rear yards: 50 feet.
G.
Minimum lot width at building line: 150 feet.
H.
Minimum lot width at street line: 150 feet.
