[Ord. 524, 12/31/1991; as amended by Ord. 564, 9/7/1999,
§ 1; by Ord. 596, 9/7/2004, § 1; and by Ord. 09-636,
5/12/2009]
A building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other, provided that no use which is noxious or hazardous shall be permitted except in accordance with § 27-1408.
A.
Any use permitted in C Commercial Districts.
B.
Heavy commercial uses as follows:
(1)
Business establishment, wholesale.
(2)
Distributing station; express, carting or hauling station; package
delivery service.
(3)
Household and office equipment repair.
(4)
Laboratory, research, experimental and testing.
(5)
Laundry, dry cleaning, or dyeing plant; linen, towel, and diaper
service.
(6)
Monument yard.
(7)
Place of amusement, recreation, or assembly, excluding open-air
theater.
(8)
Printing establishment.
(9)
Storage or warehouse; packing and crating.
(10)
Yard for storage, sale and distribution of ice, coal, fuel oil
or building materials, but not including junkyard, salvage, automobile
or other wrecking yard.
C.
Manufacturing or processing as follows:
(1)
Art needlework.
(2)
Assembly of electrical equipment, not including machinery.
(3)
Bottling establishment.
(4)
Carpet and rug cleaning.
(5)
Combining or processing of food products, excluding meat and
fish.
(6)
Creamery.
(7)
Manufacture of products from the following previously prepared
materials: bone, canvas, cork, feathers, felt, fur, glass, hair, horn,
leather, paper, plastics, shells, small rubber products and synthetic-treated
fabrics (excluding all rubber and synthetic processing), wood.
(8)
Manufacture of beverages (nonalcoholic), ceramic products, clothing,
cosmetics, electrical appliances, electrical supplies, ice cream,
silverware, tobacco products, tools and hardware, toys, umbrellas.
(9)
Manufacture of jewelry, watches, clocks, optical goods, musical,
professional and scientific instruments.
(10)
Metal finishing, plating, grinding, sharpening, polishing, cleaning,
rustproofing and heat treatment.
(11)
Metal stamping and extrusion of small products.
(12)
Mirror silvering and glass-cutting.
(13)
Textile manufacture or processing, excluding bleaching.
(14)
Tool, die and pattern making, and other similar small machine
shops.
(15)
Upholstering, bulk.
D.
Any use of the same general character as any of the above permitted uses when authorized as a special exception by the Zoning Hearing Board, provided that such use shall not create any danger to health or safety in the surrounding area, or any substantial amount of offensive noise, vibration, smoke, dust, odor, heat, illumination, or other objectionable influences, subject to the provisions of § 27-1408.
F.
[1]The following uses when authorized as a conditional use
by the Board of Commissioners:
(1)
Casino or casino hotel.
(2)
Sales of consumer fireworks from either a permanent facility or temporary structure, subject to compliance with the general provisions regarding conditional uses contained in §§ 27-1101 and 27-1102 of the Code of Ordinances, as well as all of the following specific regulations with respect to such use:
[Added by Ord. No. 2018-723, 10/9/2018]
(a)
The facility from which the fireworks are sold, whether permanent
or temporary, shall comply with the LC&I and I Districts' dimensional,
area, and parking regulations, including, but not limited to, setbacks
and buffers.
(b)
Such use shall not be located within 1,500 feet of any premises
selling alcoholic liquors, alcohol, or malt or brewed beverages for
consumption on or off premises.
(c)
Such use shall not be located within 1,500 feet of any local
or state park, school or child day-care facility, recreational establishment,
house of worship, dwelling, hospital, group home or nursing home.
(d)
Any structure containing quantities of consumer fireworks, as
defined herein, exceeding 50 pounds shall be no closer than 150 feet
to any building, state highway, railway, local street or alley, waterway,
or utility right-of-way, including, but not limited to, natural gas
line.
(e)
Such use shall not be located within 1,500 feet of any premises
selling firearms.
(f)
All land development plans for construction, use or renovation
of an existing building for the purposes of selling fireworks shall
be reviewed by the Code Enforcement Officer for compliance with all
required firesafety codes, including, but not limited to, the International
Fire Code, and his comments and/or report shall be copied to the official
municipality-designated fire company.
(g)
Sale of fireworks shall be subject to compliance with all of
the provisions of Pennsylvania Act 43 of 2017[2] pertaining to the sale thereof. Hours of operation shall
be confined from 9:00 a.m. to 7:00 p.m. Security and site management
shall be provided 24 hours per day.
[2]
Editor's Note: See 72 P.S. § 9401 et seq.
(i)
All sales of consumer fireworks, as defined herein, shall be
conducted only from a facility exclusively dedicated to the storage
and sale of fireworks.
(j)
If the facility in which the sales
of consumer fireworks are conducted is a temporary structure, it shall
comply with the following regulations, in addition to the other regulations
set forth in Subsection G(2)(a) through (i):
1)
The temporary structure is located no closer than 250 feet from
a facility storing, selling or dispensing gasoline, propane or other
flammable products.
2)
An evacuation plan is posted in a conspicuous location for a
temporary structure in accordance with NFPA 1124.
3)
The outdoor storage unit, if any, is separated from the wholesale
or retail sales area to which a purchaser may be admitted by appropriately
rated fire separation.
4)
The temporary structure complies with NFPA 1124.
5)
The temporary structure is located one of the following distances
from a permanent facility licensed to sell consumer fireworks under
the Act of May 15, 1939 (P.L. 134, No. 65), referred to as the Fireworks
Law,[4] at the time of the effective date of this Subsection:
prior to January 1, 2023, at least five miles; or beginning January
1, 2023, at least two miles.
[4]
Editor's Note: See now 72 P.S. § 9401 et seq.
6)
The temporary structure does not exceed 2,500 square feet.
7)
The temporary structure is secured at all times during which
consumer fireworks are displayed within the structure.
8)
The temporary structure has a minimum of $2,000,000 in public
and product liability insurance.
9)
The sales period is limited to June 15 through July 8 and December
21 through January 2 of each year.
10)
Consumer fireworks not on display for retail sale
are stored in an outdoor storage unit.
11)
Limitations: The sale of consumer fireworks from
the temporary structure is limited to the following: helicopter, aerial
spinner (APA Standard 87-1, Section *3.1.2.3); Roman candle (APA Standard
87-1, Section *3.1.2.4); and mine and shell devices not exceeding
500 grams.
12)
Storage of consumer fireworks shall be permitted
only as an accessory use to the sale of consumer fireworks on premises.
[1]
Editor’s Note: Former Subsection F, regarding unified
development, was repealed by Ord. No. 2020-743, 10/13/2020. This ordinance
also provided for the redesignation of former Subsections G and H
as Subsections F and G, respectively.
