Table 1
| ||
---|---|---|
Off-Street Parking
| ||
Uses
|
Minimum Required Parking Spaces
| |
1.
|
Churches and schools
|
1 for each 3.5 seats in an auditorium or for each 17 classroom
seats, whichever is greater
|
2.
|
Business and professional offices and banks, except medical
and dental offices
|
1 for each 200 square feet of floor area
|
3.
|
Community buildings and social halls
|
1 for each 200 square feet of floor area
|
4.
|
Country clubs, golf courses
|
1 for each 200 square feet of floor area occupied by all principal
and accessory structures, except those used for parking purposes**
|
5.
|
Dwellings
|
2 for each family or dwelling unit***
|
6.
|
Motels, hotels, rooming houses and dormitories
|
1 for each 2 bedrooms
|
7.
|
Apartments, townhouses and garden apartments*
|
2 for each dwelling unit
|
8.
|
Funeral homes and mortuaries
|
10 for each parlor
|
9.
|
Hospitals, nursing and convalescing homes, personal care homes
|
1 for each bed, plus 1 for each employee
|
10.
|
Manufacturing plants, research or testing laboratories and bottling
plants
|
1 for each 1,000 square feet of floor area, plus 1 for each
4 employees in the maximum working shift; the total parking area shall
not be less than 25% of the building floor area
|
11.
|
Medical or dental clinics or offices
|
5 spaces for each doctor or dentist and 1 for each employee
in the maximum working shift
|
12.
|
Restaurants, beer parlors and nightclubs
|
1 for each 2.5 seats
|
13.
|
Retail stores, store groups, shops and personal services
|
In a C-1 Zone, 1 for each 300 square feet of floor area, when
the floor area exceeds 1,000 square feet; in all other C Zones, where
required, 3 for each 300 square feet of floor area
|
14.
|
Wholesale establishments or warehouses
|
1 for each 2 employees in the maximum working shift; the total
parking area shall be not less than 25% of the building floor area
|
15.
|
Outdoor recreational facilities
|
An adequate number of spaces so that all vehicles located at
the facility can be accommodated in existing parking lots and not
on the Borough's roads
|
16.
|
Auctions, galleries
|
5 for each 500 square feet of floor area
|
17.
|
Bowling alleys
|
5 for each lane
|
18.
|
Movie theaters, auditoriums and sport stadiums
|
1 for each 2.5 seats
|
19.
|
Home occupations
|
In addition to spaces required for the dwelling, 1 for each
nonresident employee; if there are no nonresident employees, 1 for
each home occupation
|
20.
|
Group housing
|
Not less than 1 space per bedroom unit, plus 1 per employee
in the maximum working shift, but not less than a total of 3 spaces
per unit
|
NOTES:
| |
*
|
Except elderly housing, where one parking space for each three
dwelling units shall be provided.
|
**
|
There shall be not less than 20 off-street parking spaces for
each use.
|
***
|
Except in the C-2 District there shall be not less than 1 off-street
parking space for any dwelling unit with not more than 1 bedroom.
|
Table II
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---|---|---|---|
Off-Street Loading
| |||
Uses
|
Square Feet of Floor Area
|
Required Off-Street Loading Berths
| |
1.
|
Schools
|
15,000 or more
|
1
|
2.
|
Hospitals (in addition to space for ambulance)
|
From 10,000 to 30,000
|
1
|
For each additional 30,000 or major fraction thereof
|
1 additional
| ||
3.
|
Undertakers and funeral homes
|
5,000
|
1
|
For each additional 5,000 or major fraction thereof
|
1 additional
| ||
4.
|
Hotels and offices
|
10,000 or more
|
1
|
5.
|
Retail, commercial, wholesale, manufacturing, storage and miscellaneous
|
From 10,000 to 25,000
|
1
|
From 25,000 to 40,000
|
2
| ||
From 40,000 to 60,000
|
3
| ||
From 60,000 to 100,000
|
4
| ||
For each additional 50,000 or major fraction thereof
|
1 additional
|
Zoning District
| |||||||||
---|---|---|---|---|---|---|---|---|---|
Sign Type
|
C-1
|
C-2
|
C-3
|
M-1
|
R-1
|
R-2
|
R-3
|
P-1
| |
Address
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Awning
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |
Banner
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Community directory
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Construction project
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Directional
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
P
| |
Externally illuminated
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
P
| |
Freestanding
|
P
|
P*
|
P
|
N
|
N
|
N
|
P
|
P
| |
Individual letters or symbols
|
P
|
P
|
P
|
P
|
N
|
N
|
N
|
N
| |
Internally illuminated
|
P
|
P
|
P
|
N
|
N
|
N
|
N
|
N
| |
Marquee
|
N
|
P
|
P
|
N
|
N
|
N
|
N
|
N
| |
Off-premises advertising
|
N
|
N
|
P
|
N
|
N
|
N
|
N
|
N
| |
Political
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Portable sidewalk
|
P
|
P
|
P
|
N
|
N
|
N
|
N
|
P
| |
Professional occupation
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Projecting
|
N
|
P
|
N
|
N
|
N
|
N
|
N
|
N
| |
Public service
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Real estate
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Roof
|
N
|
N
|
N
|
N
|
N
|
N
|
N
|
N
| |
Shopping plaza
|
P
|
P
|
P
|
N
|
N
|
N
|
N
|
N
| |
Temporary
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Wall
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Window
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
Notes:
| |
---|---|
* Traffic control signs only.
| |
P = Permitted
| |
N = Not permitted
|
Zoning District Key:
| |
---|---|
C-1 Neighborhood Commercial
| |
C-2 Central Business
| |
C-3 Highway Commercial
| |
M-1 Manufacturing
| |
R-1 One-Family Residential
| |
R-2 Two-Family Residential
| |
R-3 Multifamily Residential
| |
P-1 Public
|
Minneapolis
| ||
The effects of sexually oriented businesses
on the crime rate index is positive.
| ||
There is a close association between adult businesses,
crime rates, and low housing values.
| ||
St. Paul
| ||
A significant correlation exists between the
location of adult businesses and neighborhood deterioration.
| ||
Indianapolis
| ||
Real estate appraisers overwhelmingly (80%)
felt that an adult bookstore would have a negative effect on residential
property values within one block of the site.
| ||
71% believed there would be a detrimental effect
on commercial property values in the one-block radius.
| ||
Major crimes such as criminal homicide, rape,
robbery, assault, burglary, and larceny, occurred at a rate 23% higher
in areas with adult businesses.
| ||
The sex-related crime rate, including rape, indecent exposure,
and child molestation, was 77% higher in such areas.
| ||
Phoenix
| ||
Property crimes were 43% higher in areas with
adult businesses.
| ||
The sex crime rate was 500% higher in those
areas.
| ||
Whittier, California
| ||
Higher occupancy turnover rates were documented
in commercial and residential areas adjacent to adult businesses.
| ||
Numerous reports of excessive noise, drunkenness
and pornographic litter associated with adult businesses were identified.
| ||
The Minnesota Working Group concluded that a comprehensive approach is required to reduce or eliminate the impacts
of sexually oriented businesses. Zoning and licensing regulations
are needed to protect residents from the intrusion of "combat zone"
sexual crime and harassment into their neighborhoods.1
| ||
The New York City study concluded that numerous studies in other locations found that adult entertainment
uses have negative secondary impacts such as increased crime rates,
depreciation of property values, deterioration of community character
and the quality of urban life.2
| ||
Municipalities typically allow adult uses in
heavy commercial and industrial districts. The New York City study
reported that:
| ||
A study in the Town of Islip, NY formed the
basis of zoning regulations that allow adult uses only in Industrial
I Districts by special exception.
| ||
The Indianapolis, Indiana study recommended
that adult uses should be allowed only by special exception
in commercial districts oriented beyond a neighborhood and not within
500 feet of a residential, school, church, or park property line,
or historic area.3
| ||
A study conducted by the Manatee County, Florida,
Planning and Development Department recommended that adult
uses be limited to commercial locations at least 500 feet from a residential
district and 2,000 feet from churches, schools, child-care facilities
and public recreation areas.4
| ||
This ordinance adopted in 1992 by Jackson, Mississippi,
limits topless bars and other adult businesses to areas zoned for
light industrial uses and requires distances ranging from 250 feet
to 1,000 feet from residential uses and commercial facilities.
| ||
Regulations in many Long Island, New York, communities attempt to protect residential and commercial areas by allowing adult
uses only in low-visibility industrial districts.5
| ||
Recent events and alleged criminal activity
at an adult business in a nearby community document that secondary
effects of adult businesses can affect rural areas as well as urban
areas (Hip Hop Club, Hamlin, PA).
| ||
The concern over sexually transmitted diseases
is a legitimate health concern of Danville Borough which demands reasonable
regulation of adult businesses and adult uses in order to protect
the health and well-being of the citizens.
| ||
Certain employees of sexually oriented business
regulated by this ordinance as adult theaters and cabarets engage
in higher incidents of certain types of sexually oriented behavior
at these businesses than employees of other establishments.
| ||
Sexual acts, including masturbation, and oral
and anal sex, occur at sexually oriented businesses, including adult
bookstores, adult novelty shops, adult video stores, adult motion-picture
theaters, or adult arcades, and especially those which provide private
or semiprivate booths or cubicles for viewing films, videos, or live
sex shows. Offering and providing such space encourages such activities,
which create unhealthy conditions. Numerous studies and reports have
determined that semen is found in the areas of sexually oriented businesses
where persons view "adult" oriented films.
| ||
Persons frequent certain adult theaters, adult
arcades, and other sexually oriented businesses for the purpose of
engaging in sex within the premises of such sexually oriented businesses.
At least 50 communicable diseases may be spread by activities occurring
in sexually oriented businesses, including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (AIDS), genital
herpes, hepatitis B, non B amebiasis, salmonella infections and shigella
infections; and, the incidence of many of these diseases is on the
increase.
| ||
Sanitary conditions in some sexually oriented
businesses are unhealthy, in part, because the activities conducted
there are unhealthy, and, in part, because of the unregulated nature
of the activities and the failure of the owners and the operators
of the facilities to self-regulate those activities and maintain those
facilities.
| ||
Classifying adult businesses as special exception
uses is a reasonable means of accountability to ensure that operators
of adult businesses comply with reasonable regulations and conditions,
and to ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
| ||
There is convincing documented evidence that
adult businesses, because of their very nature, have a deleterious
effect on both the existing businesses around them and the surrounding
residential areas adjacent to them, causing increased crime, the downgrading
of property values, and the decline of the overall character of the
community. A number of municipal studies, including the 1986 Austin,
Texas study, have demonstrated this.
| ||
It is generally recognized that adult businesses,
due to their nature, have serious objectionable operational characteristics,
particularly when they are located in close proximity to each other,
thereby contributing to neighborhood blight and downgrading the quality
of life in the adjacent area. A number of municipal studies, including
the 1986 Austin, Texas study, have demonstrated this.
| ||
The Borough Council desires to minimize and
control these adverse secondary effects and thereby protect the health,
safety and welfare of the citizenry, protect the citizens from increased
crime, preserve the quality of life, preserve property values and
the character of the surrounding community.
| ||
Based on the zoning principal established by
the courts that all legitimate uses must be permitted somewhere in
the community, adult uses should be permitted. Nevertheless, such
uses must be regulated in terms of time, place and manner. In other
words, the location and outward operation should be regulated, while
remaining "content neutral" in terms of free speech protected by the
First Amendment.
| ||
Specific standards for setbacks, visibility
and signs must be included to protect adjoining residential, educational
and other uses from the negative secondary impacts of any adult use.
|
NOTES:
| |
---|---|
1 Report of the Attorney
General's Working Group on the Regulation of Sexually Oriented Businesses,
State of Minnesota, June 6, 1989, p. 2.
| |
2 Adult Entertainment
Study. Department of City Planning. City of New York, November 1994.
p. 67.
| |
3 Ibid., p. 5.
| |
4 Ibid., p. 8.
| |
5 Ibid., p. 9.
|