[Ord. No. 762, 5/7/2020]
Retail shop: selling apparel, books, beverages, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, records, cards, novelties, hobbies, art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, and fabrics, provided all products produced on the premises are sold on the premises at retail. For the purposes of this chapter, any retail store that provides for gasoline or fuel sales for motor vehicles directly to retail customers shall be considered to be a motor vehicle fueling station.
[Ord. No. 762, 5/7/2020]
1. 
Holiday or seasonal sales: selling seasonal goods such as Christmas trees, pumpkins, squash and straw, flowers and plants, and like goods, subject to the following restrictions:
A. 
A permit shall be required, to be issued by the Department of Licenses and Inspections and limited to no more than 30 days, with permissible renewals not to exceed a total of 90 days for the use.
B. 
No permanent structure or building is permitted.
C. 
Seasonal retail business is limited to no more than 5% of the total area of site.
D. 
No more than three temporary signs, with a total area not exceeding 32 square feet, are permitted, and signage shall be professionally lettered.
E. 
Temporary fencing regulations for holiday and seasonal sales only.
(1) 
No fence shall be erected in Warminster Township without the issuance of a permit from the Warminster Department of Licenses and Inspections and the payment of any applicable fee as set forth in the Township's fee schedule.
(2) 
Prior to the issuance of a permit, a plan depicting the proposed fence, as well as the height, location on the property and materials of the proposed fence, shall be submitted with the applicable permit application to the Warminster Department of Licenses and Inspections.
(3) 
No fence exceeding a height of six feet shall be erected.
(4) 
No fence shall be closer than 15 feet from the cartway or curbline.
F. 
Temporary structure.
(1) 
No temporary structures shall be closer than 15 feet from the cartway or curbline.
[Ord. No. 762, 5/7/2020]
1. 
The following definitions shall apply to this section:
A. 
Consumer fireworks. Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion or which is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for consumer fireworks as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout this Commonwealth.
(1) 
The term does not include devices as ground and handheld sparkling devices, novelties or toy caps in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted at all times throughout this Commonwealth.
B. 
Display fireworks. Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is not limited to:
(1) 
Salutes that contain more than two grains or 130 milligrams of explosive materials;
(2) 
Aerial shells containing more than 60 grams of pyrotechnic compositions; and
(3) 
Other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table).
C. 
Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4 G fireworks or 1.3 G fireworks as defined in APA Standard 87-1.
D. 
Novelties. Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in American Pyrotechnics Association (APA) Standard 87-4, Section 3.2.
E. 
Occupied structure. A structure, vehicle, or place adapted for overnight accommodations of persons or for conducting business whether or not a person is actually present.
F. 
Outdoor storage unit. A consumer fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specifications of NFPA 1124.
2. 
Sale of consumer fireworks.
A. 
Permanent facility.
(1) 
The sale of consumer fireworks from a permanent facility shall be permitted by special exception in the Industrial and Industrial Office districts subject to compliance with all of the following specific regulations as well as general provisions regarding special exceptions as outlined in § 27-2606:
(a) 
The facility must be licensed by the Department of Agriculture and exclusively be dedicated to the sale and storage of consumer fireworks and related items.
(b) 
There shall be security personnel on the premises for the seven days preceding and including July 4 and for the three days preceding and including January 2.
(c) 
No smoking shall be permitted in the facility.
(d) 
No cigarettes or tobacco products, matches, lighters or any other flame-producing devices shall be permitted to be taken into the facility.
(e) 
No minors shall be permitted in the facility unless accompanied by an adult, and each minor shall stay with the adult in the facility.
(f) 
All facilities shall carry at least $2,000,000 in public and product liability insurance.
(g) 
A licensee shall provide its employees with documented training in the area of operational safety of a facility. The licensee shall provide to the Department of Agriculture written documentation that each employee has received the training.
(h) 
No display fireworks shall be stored or located at a facility.
(i) 
No person who appears to be under the influence of intoxicating liquor or drugs shall be admitted to the facility, and no liquor, beer or wine shall be permitted in the facility.
(j) 
Emergency evacuation plans shall be conspicuously posted in appropriate locations within the facility.
(k) 
The facility shall be located no closer than 250 feet from any property where gas, propane, or other flammables are sold or dispensed.
(l) 
The facility shall be located at least 1,500 feet from another licensed facility.
(m) 
The facility shall be a standalone, permanent structure.
(n) 
Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.
(o) 
Storage of consumer fireworks shall be permitted only as an accessory use to the sale of consumer fireworks on the premises.
(p) 
Hours of operation shall be limited to 9:00 a.m. to 10:00 p.m.
(q) 
The facility shall have a monitored burglar and fire alarm system.
(r) 
Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire department.
[Ord. No. 762, 5/7/2020]
1. 
The following definitions shall apply to this section:
A. 
Consumer fireworks. Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion or which is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for consumer fireworks as defined in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted throughout this Commonwealth.
(1) 
The term does not include devices such as ground and handheld sparkling devices, novelties or toy caps in APA 87-1 or any successor standard, the sale, possession and use of which shall be permitted at all times throughout this Commonwealth.
B. 
Display fireworks. Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visible or audible effects by combustion, deflagration or detonation. The term includes, but is not limited to:
(1) 
Salutes that contain more than two grains or 130 milligrams of explosive materials;
(2) 
Aerial shells containing more than 60 grams of pyrotechnic compositions; and
(3) 
Other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334 or UN0335 under 49 CFR 172.101 (relating to purpose and use of hazardous materials table).
C. 
Fireworks. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4 G fireworks or 1.3 G fireworks as defined in APA Standard 87-1.
D. 
Novelties. Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in American Pyrotechnics Association (APA) Standard 87-4, Section 3.2.
E. 
Occupied structure. A structure, vehicle, or place adapted for overnight accommodations of persons or for conducting business whether or not a person is actually present.
F. 
Outdoor storage unit. A consumer fireworks building, trailer, semitrailer, metal shipping container or magazine meeting the specifications of NFPA 1124.
2. 
Sale of consumer fireworks.
A. 
Temporary structure.
(1) 
The sales period is limited to June 15 through July 8 and December 21 through January 2 of each year.
(a) 
Only helicopter, aerial spinners, roman candles and mine and shell devices under 500 grams may be sold from the temporary structure.
(2) 
The temporary structure shall be located no closer than 250 feet from a facility storing, selling, or dispensing gasoline, propane, or other flammable products.
(3) 
An evacuation plan is posted in a conspicuous location for a temporary structure in accordance with NFPA 1124.
(4) 
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.
(5) 
The temporary structure complies with NFPA 1124 as it relates to retail sales of consumer fireworks in temporary structures.
(6) 
The temporary structure shall be located the following distance from a permanent facility licensed to sell consumer fireworks.
(a) 
Until January 1, 2023, five miles from the nearest permanent structure.
(b) 
Beginning January 1, 2023, two miles from the nearest permanent structure.
(7) 
The temporary structure shall not exceed 2,500 square feet.
(8) 
The temporary structure shall be secured at all time during which consumer fireworks are displayed within the structure.
(9) 
The temporary structure shall have a minimum of $2,000,000 in public and product liability insurance.
(10) 
Consumer fireworks not on display for retail sales are stored in an outdoor storage unit.
[Ord. No. 762, 5/7/2020]
Service business: establishments providing services such as hair care, laundry/dry cleaning, shoe repair, a travel agency, or a photographer.
[Ord. No. 762, 5/7/2020]
1. 
Bank, savings and loan association: a bank, savings and loan, or credit union for consumer use. If a drive-through window is part of the establishment, the following regulations shall apply:
A. 
The drive-through facility shall be designed so there will be no pedestrian/vehicular conflicts.
B. 
A bypass/escape lane shall be provided, which shall be separated from the drive-through lanes and parking lanes or parking spaces.
C. 
A stacking lane for vehicles awaiting service in the drive-through lane shall be provided for each drive-through window.
[Ord. No. 762, 5/7/2020]
Restaurant: an eating place for the sale and consumption of food and beverages, with or without a drive-in, drive-through, or outside carry-out food counter. Outdoor seating areas are permitted in conjunction with establishments that also include restaurant services.
[Ord. No. 762, 5/7/2020]
1. 
Special exception criteria.
A. 
Taverns shall cease operations between the hours of 2:00 a.m. and 11:00 a.m.
B. 
There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.
C. 
All operations shall be conducted within a completely enclosed building, and doors and windows shall remain closed during hours when entertainment is presented. Outdoor seating areas are permitted in conjunction with establishments that also include restaurant services.
D. 
The owner/operator of the nightclub shall provide private security, licensed under the laws of the Commonwealth of Pennsylvania, if the maximum permitted occupancy of the tavern exceeds 100 persons.
E. 
Any tavern that proposes to operate after 11:00 p.m. shall be located at least 200 feet from any property line which adjoins an R-1, R-2, R-3, R-4, CCRC, CCRC-2, or AQC Zoning District.
[Ord. No. 762, 5/7/2020]
1. 
Special exception criteria.
A. 
Hookah bars/lounges shall cease operations between the hours of 2:00 a.m. and 10:00 a.m.; provided, however, that operations of any hookah bar/lounge located within 300 feet of an R-1, R-2, R-3, R-4, CCRC, CCRC-2, or AQC Zoning District must cease operations between 11:00 p.m. and 10:00 a.m.
B. 
There shall be no noise or vibration discernible along any property line greater than the average noise level occurring on adjacent streets and properties.
C. 
No alcoholic beverages shall be served or consumed on the premises.
D. 
Where located on a parcel within 300 feet of an R-1, R-2, R-3, R-4, CCRC, CCRC-2, or AQC Zoning District, hookah bars/lounges must include a planted buffer, fence or other sound barrier adequate to screen adjacent properties from any activity on the premises.
[Ord. No. 762, 5/7/2020]
Repair shop: an establishment for repair of household goods, such as appliances or household equipment, or a furniture maker, repair person, or upholster. This use shall not include the repair of any motor vehicles, trucks, trailers, or heavy equipment.
[Ord. No. 762, 5/7/2020]
Mortuary or funeral home: an establishment used for the preparation of the deceased for display and burial, including an auditorium and temporary storage areas. This use shall not include crematoria, cemeteries, mausoleums, or other permanent storage facilities.
[Ord. No. 762, 5/7/2020]
1. 
Hotel: a building or group of buildings for the accommodation of transient guests, containing six or more sleeping units for rent.
A. 
Access shall be taken from an interior roadway if the hotel is part of a larger complex or from an arterial road if not part of a larger complex.
B. 
A hotel may incorporate conference facilities, restaurants, swimming pools, and other uses normally incidental to hotels.
[Ord. No. 762, 5/7/2020]
Indoor commercial entertainment: an establishment providing completely enclosed recreation activities, including theater, games, courts, video arcades, billiards, bowling, play equipment, batting cages, or similar facilities. No audio speakers or equipment shall be installed inside or outside the location of such use which cause music, voices or other sounds to emanate to the exterior of the premises.
[Ord. No. 762, 5/7/2020]
An indoor fitness center shall include a building or buildings used for any one or a combination of the following activities: fitness equipment, group fitness classes, indoor court games played with a ball such as racquetball, handball, squash, tennis, basketball and volleyball, swimming pool, indoor running track, facilities related thereto.
[Ord. No. 762, 5/7/2020]
A business, employing professionally licensed therapists, which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments, including, but not limited to, therapeutic massages and body or facial treatments.
[Ord. No. 762, 5/7/2020]
1. 
Outdoor private recreation: an outdoor recreational facility operated as a commercial venture, which may include games, courts, fields, camps, a driving range, chip and putt golf, or miniature golf.
A. 
Minimum lot area: five acres.
B. 
No outdoor active recreation area for any recreational use shall be located nearer to any lot line than 100 feet.
C. 
Outdoor play areas shall be screened with a planted buffer meeting requirements of this chapter.
D. 
Specific requirements for miniature golf courses, chip and putt courses, batting cages, or skate parks.
(1) 
The use shall have its lot frontage on and take access from an arterial highway, as defined in the Township ordinances.
(2) 
Minimum lot frontage: 200 feet.
(3) 
Hours of operation shall be limited to daylight hours.
[Ord. No. 762, 5/7/2020]
1. 
Purpose. It is the purpose of this section to address the negative impacts associated with adult or sexually oriented businesses, to reduce or prevent neighborhood blight, to protect and preserve the quality of the Township's neighborhoods and commercial districts, to protect the Township's retail trade, to maintain property values, to protect and preserve the quality of Township life, to reduce the incidence of unlawful activity and to promote the health, safety, morals and general welfare of the citizens of the Township. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to adult-oriented materials protected by the First Amendment of the United States Constitution or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor the effect of this section to condone or legitimize the distribution of obscene material.
2. 
Definitions.
A. 
For purposes of this section, unless the context clearly requires a different meaning, the words, terms and phrases set forth herein shall have the meanings given them in this section:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or club-operated or electronically, electrically or mechanically controlled still or motion-picture or video machines, projectors 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, as defined herein.
ADULT BOOKSTORE
An establishment having a substantial, significant or preponderant portion of its stock in matter which is distinguished or characterized by its emphasis on content depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein.
ADULT BUSINESS
Any adult or sexually oriented business, including any business establishment that regularly features live performances which are distinguished or characterized by an emphasis on the exposure of the genitals or buttocks of any person or the breasts of any female person or specified sexual activities that involve the exposure of the genitals or buttocks of any person or the breasts of any female person or any business whose primary purpose is the sale or display of matter that, because of its sexually explicit nature, may, pursuant to state law or other regulatory authority, be offered only to persons over the age of 18 years. Adult business may include an adult arcade, adult bookstore, adult cabaret, adult hotel/motel, adult motion-picture theater, adult visual materials or video store, adult modeling studio or adult entertainment enterprise, as defined herein.
ADULT BUSINESS OPERATOR
A person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on the premises thereof.
ADULT BUSINESS OWNER
A person or persons who hold a financial or other business interest, in whole or in part, either singly or jointly, in an adult business. For purposes of this section, indicia of ownership may be established by evidence, including, but not limited to, business license information, factitious business name registration, utility billing information or by other competent evidence. For purposes of this section, the person whose name appears on the business license or permit application as the business owner shall be deemed to be the adult business owner.
ADULT CABARET
A building or portion thereof or area regularly featuring the presentation or exhibition of live performers whose performances are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as hereinafter defined, or whose performances are rendered in a state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals, pubic areas, buttocks or the female breast with only the nipple and areola covered or any combination thereof, for observation by patrons or customers.
ADULT ENTERTAINMENT ENTERPRISE
Any business activity wherein there is furnished for a fee or charge or other like consideration the opportunity to paint, feel, handle, touch, be in the presence of, be entertained by, be painted by, felt by or touched by the unclothed body or the unclothed portion of the body of another person or to observe, view or photograph such activity; or a fee or charge or like consideration is paid or received for goods sold or services rendered by or in the presence of one or more persons with an unclothed body or an unclothed portion of the body. Adult entertainment enterprise shall include, but not be limited to, the following business activities: adult or nude encounter studios, adult or nude dance studios, nude exhibitions, peep shows, wrestling centers, adult or nude art or photography studios, and business activities similar thereto. Unclothed portion of the body shall mean a state of dress so as to expose the female breast below a point immediately above the top of the areola, male or female genitals, pubic areas, buttocks or female breast with the nipple and areola covered.
ADULT ENTERTAINMENT ROOM
Any room of an adult entertainment establishment which constitutes an adult cabaret, adult motion-picture theater, adult entertainment enterprise or adult theater or adult visual materials store pursuant to this section.
ADULT HOTEL/MOTEL
A hotel or motel or similar business establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, computer-generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, as hereinafter defined, and rents, leases or lets any room for less than a six-hour period or rents, leases or lets any single room more than twice in a twenty-four-hour period.
ADULT MODELING STUDIO
A business which provides, for any form of compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas, as hereinafter defined, to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. Modeling studio does not include schools maintained pursuant to standards set by the State Board of Education. Modeling studio further does not include a studio or similar facility owned, operated or maintained by an individual artist or group of artists and which does not provide, permit or make available specified sexual activities, as hereinafter defined.
ADULT MOTION-PICTURE THEATER
A building, or portion thereof, or area, open or closed, used for the presentation, on more than 1/3 of the days in a calendar year during which motion-picture films, video cassettes, cable television or any other such visual media are displayed or exhibited, of films, video cassettes, cable television or other visual media which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as hereinafter defined, for observation by patrons or customers. Adult motion-picture theater does not include any room or suite of rooms rented for human occupancy in a hotel or motel which is equipped or furnished with a video-cassette-playing machine or cable television, unless such hotel or motel is determined to be an adult hotel/motel as defined herein.
ADULT VISUAL MATERIALS OR VIDEO STORE
A building or portion thereof used by an establishment having not less than 30% of its actual display area devoted to, or stock-in-trade for sale or rental to the public or any segment thereof consist of, books, magazines, other publications, films, video cassettes or any combination thereof which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined hereinafter.
APPLICANT
A person who is required to file an application for a permit under this section, including an individual owner, managing partner, officer of a corporation or any other operator, manager, employee or agent of an adult business.
BAR
Any commercial establishment licensed by the State Liquor Control Board to serve any alcoholic beverages on the premises.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
The dominant or essential theme of the object described by such phrase.
EMPLOYEE
Every owner, partner, manager, supervisor, performer or other worker, whether paid or not, who renders services of any nature in the conduct of an adult business establishment. For purposes of this section, it shall be a rebuttable presumption that every person who renders services of any nature in the conduct of an adult business is an employee of the adult business.
ENTERTAINER
Any person who is an employee or independent contractor of the adult business or any person who, with or without any compensation or other form of consideration, performs live entertainment for patrons of an adult business.
OPERATE AN ADULT BUSINESS
The supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the conduct of activities of an adult business or activities within an adult business.
PERMITTEE
The person to whom an adult business permit is issued.
PERSON
Any individual, firm, association, partnership, coparty, corporation, limited-liability corporation, joint-stock company, joint venture or combination of the above in whatever form or character.
REGULARLY FEATURES
With respect to an adult business, a regular, substantial course of conduct. The presentation, in or at any building or portion thereof, of live performances which are distinguished or characterized by an emphasis upon the display of specified sexual activities or specified anatomical areas, as hereinafter defined, on two or more occasions within a thirty-day period, three or more occasions within a sixty-day period, or four or more occasions within a 180-day period shall, to the extent permitted by law, be deemed to be a regular and substantial course of conduct.
SEMINUDE
A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices, such as by G-strings, pasties, thongs, bikinis or other similar forms of garments or devices.
SPECIFIED ANATOMICAL AREAS
Any of the following:
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola;
(2) 
Human male genitals in a discernibly turgid state, even if completely opaquely covered;
(3) 
Any device, costume or covering that simulates any of the body parts included in Subsection 2A(1) and (2) above.
SPECIFIED SEXUAL ACTIVITIES
Any of the following, whether performed directly or indirectly through clothing or other coverings:
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Sexual acts, actual or simulated, including sexual intercourse, oral copulation or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
(4) 
Masturbation, actual or simulated.
(5) 
Excretory functions as part of or in connection with any of the other activities described in Subsection 2A(1) through (4) above.
ZONING OFFICER
The person responsible for ordinance enforcement functions within the jurisdiction of the Township, including, but not limited to, responsibility for administration and enforcement of the provisions of this section.
B. 
The foregoing definitions are generic. The uses and businesses governed by this section include any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses set forth in this section.
3. 
Excluded activities. This section does not apply to any of the following activities:
A. 
Any activity conducted or sponsored by a school district or other public agency, so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency.
B. 
Any activity conducted by a person pursuant to any license issued by the Commonwealth of Pennsylvania or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession, in and to the extent that such activity is conducted within the course and scope of the exercise of the privileges authorized by such license or the duties of such agency.
4. 
Adult business permit required.
A. 
It shall be unlawful for any person to engage in, conduct or carry a permit to be engaged in, conducted or carried on, in or upon any premises within the Township, the operation of an adult business unless the person first obtains and continues to maintain in full force and effect a permit issued by the Zoning Officer as required by this section.
B. 
A permit shall be issued to any applicant who has complied with all of the following requirements:
(1) 
The applicant has paid the adult business application fee required pursuant to Subsection 4C below.
(2) 
The applicant has not made a material misstatement in the application for a permit.
(3) 
The establishment, including the building and lot or portion thereof where the adult business is or is proposed to be situated and the physical facilities and maintenance related thereto, complies with all building, fire, electrical, plumbing, health and zoning requirements of the Code of the Township of Warminster, all the requirements of this chapter, and all state and federal requirements of a similar nature which are customarily enforced by the Township, as determined pursuant to one or more inspections conducted by investigating officials of the Township.
C. 
Each application for a permit under this section shall be accompanied by a nonrefundable fee in an amount established by resolution of the Township Board of Supervisors. The application fee shall be used to defray, in part, administrative costs incurred in processing the application and is not made in lieu of any other fees or taxes required under this chapter or the Code of the Township of Warminster.
5. 
Application for adult business permit.
A. 
Any person who proposes to operate, maintain or conduct an adult business in the Township shall first submit to the Zoning Officer a complete application for an adult business permit, on a form provided by the Township, containing the information set forth in this section and payment of the required Township nonrefundable application fee, as established by resolution and amended by the Township Board of Supervisors from time to time. An application that is not accompanied by the required application fee shall not be deemed a complete application.
B. 
If the applicant is an individual, the individual shall state his or her complete name, including any aliases, and address and shall submit satisfactory written proof that he or she is at least 18 years of age.
C. 
If the applicant is a partnership, the applicant shall state the complete name and address of the partner signing the application, as well as the names of all partners, whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any.
D. 
If the applicant is a corporation, the corporation shall provide its name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Pennsylvania, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.
E. 
If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.
F. 
If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall provide the fictitious name of the adult business and show proof of registration of the fictitious name.
G. 
Each application shall contain:
(1) 
A narrative description of the proposed or existing adult business for which the permit is requested, which shall include hours of operation, number of employees and a description of the title and/or position of each employee.
(2) 
A sketch or diagram showing the interior floor plan and configuration of the premises, depicting all interior rooms, including rest rooms, office space, storage areas and public areas and dimensions. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(3) 
A site plan showing the lot or property on which the adult business is or will be located, the location of the building or portion thereof in which the adult business is or will be located, the number of available parking spaces, the location and type of available and proposed lighting, landscaping, trash enclosures and all means of ingress and egress to and from the property. The site plan need not be professionally prepared, but shall be drawn to scale with marked dimensions to an accuracy of plus or minus one foot.
(4) 
The full name, address and telephone number of the property owner and/or property management company if different from the applicant, a copy of the lease agreement in effect at the time of the application, if applicable, and a copy of any other agreement, easement, condition, covenant, restriction or other such documents that contain evidence affecting the use or operation of the lot, property, premises or structures which will be subject to the permit for which the application has been submitted.
H. 
Each application shall also contain the following information about the person signing the application:
(1) 
Full name, including any aliases, current residential address, telephone number, date of birth, social security number and driver's license number.
(2) 
The previous address of each such person for a period of three years immediately prior to the date of application and the dates of residence at each such address.
(3) 
Written proof that the person signing the application is at least 18 years of age.
(4) 
The height, weight, color of eyes and hair of the person signing the application.
(5) 
Business, occupation or employment history of the person signing the application, for three years immediately preceding the date of the application.
(6) 
Two recent passport-style color photographs of such person.
(7) 
Such other information as may be deemed necessary by the Zoning Officer to secure the foregoing information.
I. 
An adult business establishment lawfully existing and operating on the effective date of this section shall apply for a permit within 90 days therefrom and shall be allowed to continue operating during the pendency of the application; provided, however, that such adult business is otherwise in compliance with applicable provisions of this chapter and the Code of the Township of Warminster.
J. 
Upon application of any adult business establishment not lawfully existing and operating on the effective date of this section, a temporary permit, not to exceed 30 days, shall be issued immediately upon receipt of a complete permit application. The said temporary permit shall expire automatically at the end of the thirty-day period unless extended by the Zoning Officer.
6. 
Application processing.
A. 
Upon receipt of a complete application and payment of the application and permit fees, the application shall be immediately stamped as received by the Zoning Officer.
B. 
Within 30 days of receipt of a complete application, the Zoning Officer or his designated official shall conduct and complete an investigation of the information contained in the application to determine whether the applicant shall be issued an adult business permit in accordance with the provisions of this section and notify the applicant as follows:
(1) 
The Zoning Officer shall write or stamp "granted" or "denied" on the application and sign and date such notation.
(2) 
If the application is denied, the Zoning Officer shall provide a written statement of the reasons for denial.
(3) 
If the application is granted, the Zoning Officer shall issue an adult business permit.
(4) 
The application, as granted or denied, and the permit, if any, shall be sent by United States Mail, first class postage prepaid, addressed to the applicant, to the address stated in the application.
C. 
The Zoning Officer shall grant the application and issue a business permit upon finding that the proposed business meets the locational and zoning requirements of the Township and that the applicant has met all of the development and performance standards and requirements of this section.
D. 
Upon notification to the applicant that the application has been granted by the Zoning Officer, or if the Zoning Officer fails to either grant or deny the application within 30 days of receipt of a complete application, the applicant may begin operating as an adult business pursuant to the terms and conditions of the permit. The permittee shall post the permit conspicuously in the premises of the adult business establishment.
E. 
Each adult business permit shall expire one year from the date of issuance and may be renewed only by filing with the Zoning Officer a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Each application for renewal shall be acted upon as provided herein for action upon application for a permit.
7. 
Denial of permit.
A. 
Within 30 days of receipt of a complete application, the Zoning Officer shall deny an application for a permit if he or she makes any of the following findings:
(1) 
The lot or property on which the adult business is or is proposed to be located does not comply with the locational or zoning requirements of this chapter.
(2) 
The establishment, including the building or portion thereof where the adult business is or is proposed to be situated and the physical facilities and maintenance related thereto, fails to comply with all applicable building, fire, electrical, plumbing and health requirements of the Code of the Township of Warminster, all applicable state and federal requirements of a similar nature which are customarily enforced by the Township and all applicable provisions of this section.
(3) 
The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of a material fact in the application for an adult business permit.
(4) 
The applicant or any of the following persons has had a license or permit issued pursuant to this section revoked within one year of the date of the application:
(a) 
If the applicant is a corporation, any officer or director of the corporation or any stockholder holding more than 5% of the corporate stock of the applicant.
(b) 
If the applicant is a partnership, any general or limited partner.
(c) 
Any person currently employed by or in the adult business establishment.
B. 
Transmittal of decision. The decision to deny the application shall be given to the applicant, in writing, setting forth specifically the ground or grounds upon which the decision is based, the pertinent section of this chapter pursuant to which the permit is denied, and a brief statement of the factual matters in support of the denial. The decision shall be mailed by United States Mail, postage prepaid, addressed to the applicant at the last known address of the applicant, or it may be personally delivered to the applicant.
8. 
Appeal of denial.
A. 
Appeal to the Board of Supervisors. Within 10 days from the deposit of the denial in the mail as set forth in this section, or from receipt of the denial by the applicant by personal delivery, the applicant may appeal, in writing, to the Board of Supervisors, setting forth with particularity the ground or grounds for such appeal.
B. 
Hearing on appeal. A panel of the Board of Supervisors, consisting of at least three members thereof, shall set a time and place for a hearing on the appeal, not less than 10 days nor more than 30 days from the date the appeal is received by the Board of Supervisors, and shall conduct a hearing at the time and place so specified.
C. 
Disposition of appeal. Following the hearing on the appeal, the Board of Supervisors may refer the matter to the Zoning Officer to conduct a new investigation and to issue a new decision, may affirm the denial of the application, or may approve the application. The decision of the Board of Supervisors shall be final. Notice of the decision of the Board of Supervisors shall be mailed to the applicant within 10 days of the date of the hearing.
9. 
Reapplication after denial. An applicant whose application for a permit has been denied may reapply for such permit after a period of not less than one year has elapsed from the date such denial was deposited in the mail as specified herein or received by the applicant, whichever occurs first; provided, however, that an earlier reapplication may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exist(s).
10. 
Grounds for suspension or revocation of permit.
A. 
A permit issued pursuant to this section may be subject to suspension or revocation or other appropriate disciplinary action for any of the following grounds arising from the acts or omissions of the permittee or employee, agent, partner, director, stockholder or manager of an adult business:
(1) 
The permittee has knowingly made any false, misleading or fraudulent statement of a material fact in the application for permit or in any report or reports required to be filed with the Township.
(2) 
The adult business, including the building and lot or portion thereof on which the establishment is situated or is proposed to be situated and the physical facilities and maintenance related thereto, fails to comply with all applicable building, fire, electrical, plumbing, health and zoning requirements set forth in this chapter or in the Code of the Township of Warminster, all applicable state and federal requirements of a similar nature which are customarily enforced by the Township and all provisions of this section.
(3) 
The permittee, employee, agent, partner, director, shareholder or manager of the adult business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the adult business establishment:
(a) 
Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation.
(b) 
The use of the establishment as a place where unlawful solicitation of sexual intercourse, sodomy, oral copulation or masturbation openly occurs.
(c) 
The occurrence of acts of lewdness, assignation or prostitution.
(d) 
Any act constituting a violation of 18 Pa.C.S.A. § 5903, relating to the distribution of obscene and other sexual materials and performances.
(e) 
Any act constituting a violation of provisions relating to obscene matter or distribution of harmful matter to minors.
(f) 
Any conduct constituting a criminal offense of which an essential element consists of the use of force or violence.
(g) 
Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance.
(4) 
Failure to abide by any disciplinary action previously imposed by the appropriate Township officer.
(5) 
Failure to comply with one or more of the facilities and operations requirements set forth in Subsection 14 hereof.
(6) 
The existence of the condition of the premises as hazardous or unsafe for human occupancy.
11. 
Notice of permit violations. Upon making a determination that grounds for suspension or revocation of a permit exist(s), the Zoning Officer shall furnish written notice of the proposed suspension or revocation to the permittee, setting forth the time and place for a hearing on the proposed suspension or revocation and the ground or grounds upon which the proposed suspension or revocation is based, the pertinent section of this chapter, and a brief statement of the factual matters in support thereof. The notice shall be mailed by United States first class mail, postage prepaid, addressed to the last known address of the permittee, and/or shall be delivered to the permittee personally. Such notice shall be mailed and/or delivered at least 10 days prior to the hearing date set forth in the notice.
12. 
No refund of fee. No refund or rebate of a permit fee shall be permitted by reason of discontinuance by the permittee of an activity for which a permit is required pursuant to this section or by reason of suspension or revocation of a permit.
13. 
Return of permit. In the event that a permit is canceled, suspended, revoked or invalidated for any reason, the permit shall be forwarded to the Zoning Officer not later than the end of the third business day after notification of such cancellation, suspension, revocation or invalidation.
14. 
Facilities and operation requirements. All adult business establishments subject to the provisions of this section shall comply with the following facilities and operations requirements:
A. 
Each adult business establishment shall comply with all building, fire, electrical, plumbing and health requirements of the Code of the Township of Warminster, all requirements of this chapter, all state and federal requirements of a similar nature which are customarily enforced by the Township, and all provisions of this section.
B. 
No adult business shall be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specific sexual activities or specified anatomical areas, as herein defined, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
C. 
All off-street parking areas and premises entries of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system providing an average maintained horizontal illumination of one footcandle of lighting on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways servicing the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
D. 
The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.
E. 
With the exception of adult cabarets, each adult business subject to this section shall close and remain closed from 12:00 midnight to 9:00 a.m. the following day.
F. 
The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. The notice shall be constructed and posted to the satisfaction of the director of public safety or designee. No person under the age of 18 years shall be permitted within the premises at any time.
G. 
All indoor areas of the adult business shall be physically arranged in such a manner that the entire interior portion of the booths, rooms, cubicles or stalls wherein an adult entertainment enterprise is provided shall be clearly visible from the common areas of the premises, excluding rest rooms. Rest rooms may not contain video reproduction equipment.
H. 
Visibility into booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever.
I. 
No adult business shall contain partitions between subdivisions of a room or portions or parts of a building, structure or premises with an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partitions.
J. 
No viewing room may be occupied by more than one person at any one time.
K. 
Customers, patrons or visitors shall not be allowed to stand idly by or in the vicinity of any such video booths or remain in the common areas of an adult business, other than the rest rooms, who are not actively engaged in shopping for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.
L. 
The floors, seats, walls and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the permittee's permit to conduct the adult business.
M. 
All areas of the premises of an adult business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to 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 permittee and permittee's agents to ensure that the illumination required by this subsection is maintained at all times that a patron is present on the premises.
N. 
The adult business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any adult material. Restrooms shall not contain television monitors or other motion-picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to an adult business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide rest room facilities to patrons or the general public.
O. 
The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:
(1) 
No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 10 feet from the nearest area occupied by patrons, and no patron shall be permitted within 10 feet of the stage while the stage is occupied by an entertainer.
(2) 
The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainer's use. No cameras or other surveillance devices shall be installed or maintained by the adult business owner or operator in the dressing room facilities for the purpose of broadcasting or projecting images for viewing by the patrons of the establishment or for broadcasting or projecting images over the internet.
(3) 
The adult business shall provide an entrance/exit for entertainers separate from the entrance/exit used by patrons.
(4) 
The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
(5) 
No entertainer, either before, during or after performances, shall have physical contact with any other entertainer either before, during or after performances by such other entertainer. This subsection shall only apply to physical contact on the premises of the adult business.
(6) 
Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.
P. 
Adult businesses shall employ security guards in order to maintain public peace and safety, based upon the following standards:
(1) 
Adult businesses featuring live entertainment shall provide at least one security guard at all times while the adult business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.
(2) 
Security guard(s) for other adult businesses may be required if it is determined by the Zoning Officer that their presence is necessary in order to prevent any of the conduct listed in Subsection 14I hereof from occurring on the premises.
(3) 
Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guard(s) shall be uniformed in such a manner so as to be readily identifiable as security guards by the public and shall be duly licensed as security guards as required by the applicable provisions of state law. No security guard required pursuant to this subsection shall act as a doorperson, ticket taker, admitting person or sole occupant of the manager's station while acting as a security guard.
Q. 
The requirements of this section shall be deemed conditions of adult business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for suspension or revocation of the permit issued pursuant to these regulations.
15. 
Inspection by public officials.
A. 
The applicant shall authorize and allow entry by public officials of the Township into the premises wherein the applicant operates or proposes to operate an adult business establishment, for the purpose of conducting one or more inspections to determine whether the establishment complies with all applicable building, fire, electrical, plumbing, health and zoning requirements of the Code of the Township of Warminster, all state and federal requirements of a similar nature which are customarily enforced by the Township, and the provisions of this chapter.
B. 
Any and all investigating officials of the Township shall have the right to enter adult business establishments from time to time, during regular business hours, to make reasonable inspections to observe and enforce compliance with the building, fire, plumbing and health regulations of the Code of the Township of Warminster or the provisions of this chapter. A warrant shall be obtained whenever required by law.
C. 
A person who operates an adult business or his or her agent or employee is in violation of the provisions of this section if he or she refuses to permit a lawful inspection of the premises at any time it is occupied or open for business.
16. 
Business name. It shall be unlawful to operate an adult business establishment under any name or conduct business under any designation not specified in the permit.
17. 
Business location change. Before changing the location of an adult business establishment, the permittee shall make an application to the Zoning Officer pursuant to Subsection 4 hereof.
18. 
Transfer of interest. No permit issued pursuant to the provisions of this section shall be assigned or transferred in any manner, nor shall any person other than those identified in such permit engage in the enterprise for which the permit is issued. As used herein, transfer shall include, but shall not be limited to, any modification of a business entity operating an adult business or otherwise required to be disclosed pursuant to Subsection 5 hereof, including transfer of more than 10% of the stock of any corporation.
19. 
Display of permits. The owner or operator of an adult business establishment shall display the permit in an open and conspicuous place on the premises. Passport size photographs of the permit shall be affixed to the permit on display pursuant to this section.
20. 
Application to existing establishments. Each operator of an establishment subject to the provisions of this section and legally doing business on the effective date of this chapter shall apply for a permit not later than 90 days therefrom and shall comply with all requirements which are prerequisites for issuance of a permit before such permit will issue.
21. 
Regulations nonexclusive. The provisions of this section regulating adult businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses adopted by the Township.
[Ord. No. 762, 5/7/2020]
Veterinary office: the office of a veterinarian where animals are given medical or surgical treatment. Use as a kennel is prohibited, except that animals undergoing medical or surgical treatment may be housed if kept inside; use of the facility for boarding is prohibited.
[Ord. No. 762, 5/7/2020]
1. 
Motor vehicle fueling station: a facility for the sale of fuels for motor vehicles, minor automobile accessories, and sale of food and beverage items, subject to the limitations of this chapter. Routine automobile service and inspections may be performed and may include lubricating, repairing or otherwise servicing motor vehicles, but shall not include painting, body and fender repairs or vehicular sales. This use is distinguished from and does not include a motor vehicle repair garage where automobile parts and accessories are sold and installed within the facility but where there is no fuel sale. Any facility which provides for gasoline or fuel sales directly to retail customers shall be considered to be a motor vehicle fueling station and shall meet the requirements of this use and shall only be permitted in the zoning districts where this use is permitted.
A. 
Dimensional requirements:
(1) 
Minimum lot area:
(a) 
C-1 District: two acres.
(b) 
C-2 District: two acres.
(2) 
Minimum lot width along all streets: 250 feet.
(3) 
Minimum distance between all buildings and structures and any residential district or use: 100 feet.
B. 
This use shall be permitted only where there is frontage on an arterial road.
C. 
All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.
D. 
Fuel pumps and canopies shall be at least 25 feet from any ultimate street right-of-way.
E. 
All automobile parts and similar articles shall be stored within a building.
F. 
All refuse shall be stored within a building or enclosed area.
G. 
Paint spraying or body and fender work shall not be permitted.
H. 
Lubrication, oil changes, tire changes, and minor repairs are permitted if entirely within a building.
I. 
Vehicles shall not be stored outdoors while awaiting repairs for more than five days.
J. 
Junk vehicles or unlicensed vehicles may not be stored in the open at any time.
K. 
A fueling station may contain only two of the following four types of activities: fuel pumps; convenience commercial, which is sale of convenience, food, and beverage items; service bays; and car washes. The fuel station building for any and all of these uses shall not exceed 5,000 square feet.
L. 
No drive-through windows are permitted for sale of convenience items.
M. 
The applicant shall present a plan to demonstrate the methods by which any spills of liquids will be contained and shall also demonstrate that the stormwater management system is designed to capture volatile organic compounds, oils, and solids. The applicant shall also provide to the Township a copy of a maintenance agreement setting forth the terms for the management of the facilities.
[Ord. No. 762, 5/7/2020]
1. 
An automobile washing facility shall mean a public facility designed for washing motor vehicles, whether by mechanized apparatus or manually, and also whether by attendant employees or by the customer-motorist, subject to the following provisions:
A. 
A minimum lot width of not less than 120 feet shall be provided along each street on which the lot abuts.
B. 
Each facility shall provide paved, off-street, stacking or parking spaces for the temporary storage of vehicles waiting to use the facility. A stacking area shall be provided for each wash bay. Under no circumstances shall vehicles be permitted to use abutting streets to temporarily wait to use the car wash facility.
C. 
A water recycling system shall be employed. Environmentally friendly soaps and solvents shall be used.
[Ord. No. 762, 5/7/2020]
1. 
Motor vehicle sales: sale of motor vehicles by a new or used motor vehicle dealership.
A. 
All preparation, lubrication, repair or similar activities shall be accessory to the principal use and shall be conducted within a building.
B. 
All automobile parts and similar articles shall be stored within a building.
C. 
Storage or display of vehicles for sale shall be placed no closer to the future street right-of-way line than 25 feet.
D. 
There shall be no more than one access point into the facility from each street on which the facility has frontage, unless more than one is specifically permitted by the Board of Supervisors.
E. 
An auto body shop may be included as an accessory use, incidental and subordinate to the automotive sales, provided that it meets the regulations of a motor vehicle repair garage use, and provided that it is located at the rear or side of the building containing the principal use.
F. 
Parking areas for auto sales customers and for auto service must be clearly delineated so as to separate them from auto display and storage areas.
[Ord. No. 762, 5/7/2020]
1. 
Motor vehicle repair garage: an establishment where motor vehicle parts and accessories are sold and facilities where parts may be installed; an automobile repair garage, including paint spraying and body and fender work. The following requirements shall be met:
A. 
All repair, installation of parts, and paint work shall be performed within an enclosed building.
B. 
All automobile parts, refuse, and similar articles shall be stored within a building or enclosed area screened from view from the street or surrounding properties.
C. 
No vehicle shall be stored in the open awaiting repairs for a period exceeding 14 consecutive days.
(1) 
Any vehicle stored on site exceeding 14 days must be kept in a secured area by a solid fence or compact hedge at least six feet tall.
(a) 
The vehicle must have a valid license plate and registration.
(b) 
No vehicle may be stored for more than 30 days.
D. 
Dimensional requirements:
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width along all streets: 200 feet.
(3) 
Minimum distance between all buildings and structures and any residential district or use: 100 feet.
E. 
No sale of fuel to retail customers is permitted. There shall be no fuel pumps.
F. 
Junk vehicles or unlicensed vehicles may not be stored in the open at any time.
G. 
This use is permitted only on lots with frontage on an arterial road.
H. 
No sale or rental of vehicles shall be permitted.
[Ord. No. 762, 5/7/2020]
Trade or professional school: a commercial school providing instruction in a trade, electronics, repairs, or the arts.
[Ord. No. 762, 5/7/2020]
1. 
Kennel: a facility where animals are kept or boarded for a fee. The kennel may include accessory training, grooming, or breeding services.
A. 
Minimum lot area: two acres.
B. 
No animal housing area shall be closer to any lot line than 50 feet.
C. 
All animals shall be kept in buildings or in outdoor areas enclosed by fences designed and constructed to prohibit animals from escaping.
D. 
All kennels shall be licensed under the Dog Law, Act of 1982, P.L. 784, No. 255.[1]
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
[Ord. No. 762, 5/7/2020]
1. 
A retail store containing an aggregate floor area of 60,000 square feet or more shall meet the following requirements:
A. 
This use shall be located on an arterial road.
B. 
Building design. Buildings shall be designed to reflect and enhance the visual, historic and cultural character of Warminster Township. Exterior building materials shall be brick, wood, stone, tile, or other traditional materials. No concrete block or tilt-up concrete walls shall be permitted. There shall be no uninterrupted lengths of blank wall longer than 100 feet. Walls shall be differentiated with recesses, windows, facade details, changes in color, or materials. All sides of a building shall be architecturally consistent with the front facade, and all building faces visible from the street or abutting properties shall have the same architectural features and style as the front facade.
C. 
The use shall be designed to accommodate safely pedestrian and vehicular traffic. Pedestrian circulation shall be provided throughout the site, and pedestrian connections shall be provided to adjacent sidewalks.
D. 
The plan shall provide for shopping cart corrals if shopping carts are to be used. Cart corrals shall be provided in addition to the required parking spaces.
E. 
The applicant must submit, as a part of the preliminary land development or subdivision plan, a market analysis indicating the market for the proposed facility and the area from which patrons will be attracted.
F. 
The use shall include a public amenity, such as an outdoor plaza, patio seating area, water feature, clock tower, or other amenity that will enhance the character of the area. The scale of the public amenities shall be in proportion to the size of the proposed store.
G. 
As part of the land development agreement for the establishment of a retail store of 60,000 square feet or greater, provisions shall be made for the removal or adaptive reuse of the structure by the applicant should the facility not be used for a period of 12 consecutive months. Financial security may be required by the Township.
H. 
Loading docks shall be shielded from view and shall not be visible from adjacent residential districts or from public streets.
I. 
Maximum impervious surface: 60% of lot area.
[Ord. No. 762, 5/7/2020]
1. 
The use and occupancy of a detached dwelling shall be permitted for accommodating transient guests for rent, which does not include residential facilities for chronically ill or other persons who need institutional care due to illness, disability, or who are part of a criminal justice program, subject to the following additional conditions and restrictions:
A. 
No more than seven guest rooms may be provided.
B. 
Required off-street parking spaces shall be located either to the rear of the main dwelling or screened from the roadway by a five-foot fence or plant material.
C. 
There shall be no use of show windows or display or advertising visible outside the premises to attract guests other than a single, nonilluminated sign which may not exceed eight square feet.
D. 
No external alterations, additions, or changes to the exterior structure shall be permitted except as required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other governmental agency.
E. 
The use shall be carried on primarily by members of the immediate family who reside on the premises.
F. 
There shall be no separate kitchen or cooking facilities in any guest room. Food served on the premises shall be limited to breakfast and afternoon tea only and shall be served only to guests of the establishment.
G. 
The maximum, uninterrupted length of stay at a guesthouse shall be 14 days.
H. 
This use is permitted in the Hartsville and Johnsville Historic Overlay Districts only.
I. 
Weddings, receptions, and special events. A bed-and-breakfast may be used for weddings, receptions, meetings, and other special events which attract people who are not guests at the bed-and-breakfast only where the following additional requirements are met:
(1) 
The bed-and-breakfast must have frontage on and access to an arterial road.
(2) 
Weddings, receptions, and special events may be held no more than eight times per year, and each event shall last no more than one day.
(3) 
A conditional use permit is required.
(4) 
There shall be no outdoor amplified music.
(5) 
Provision shall be made for adequate and safe parking, which shall be reviewed as part of the conditional use application.
[Ord. No. 762, 5/7/2020]
Banquet/catering facility: a facility available for special dinners, banquets or other dining events by prearrangement with the management of the facility for groups or parties and not open to the general public on a daily basis. Such establishments may include full kitchen facilities and a catering facility, as defined in this section. A catering facility is the use of a building or part of a building where food or beverages, or both, are prepared on the premises and picked up or delivered for off-site consumption as part of a banquet or other dining event for groups or parties. Where such facility is housed on the same premises or within the same building as a banquet facility, food and beverages may also be served and consumed on site. This use shall not be considered a restaurant.
[Ord. No. 762, 5/7/2020]
1. 
Shopping center: a neighborhood shopping center which is planned and designed as a complex of related structures and circulation patterns.
A. 
Minimum lot area: 20 acres, unless otherwise specified by the district requirements.
B. 
Maximum impervious surface: 50% of lot area.
C. 
Building placement. No building or permanent structure, other than a permitted sign, shall be erected within 100 feet of a street line or within 50 feet of any property line. The exterior 50% of the setback shall be landscaped with trees, shrubs, and ground cover.
D. 
No parking, loading, or service area shall be located less than 50 feet from any property line, including the street line. Parking shall be arranged so that at least 50% of the required parking is located to the side or rear of the shopping center buildings.
E. 
Parking, loading or service areas shall not be permitted within the required bufferyards or within the exterior 50% of the required setbacks.
F. 
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping. Where building pads are proposed which are not connected to the main structure of the shopping center, these shall be shown on the overall plan and shall be integrated with the shopping center so that pedestrians can walk safely to individual buildings without being endangered by vehicular traffic. All structures in a shopping center shall be connected either as part of one large structure or by means of pedestrian ways or walkways on which pedestrians can move from one building to another without unsafe interference from vehicular traffic.
G. 
The applicant must submit, as a part of the preliminary land development or subdivision plan, a market analysis indicating the market for the proposed facility and the area from which patrons will be attracted.
H. 
Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind and shall meet the lighting requirements of this chapter.
I. 
Within a tract to be used for a shopping center, subdivision of the tract into individual lots is not permitted.
J. 
Cart corrals shall be provided if shopping carts are used by any stores within the shopping center.
K. 
Along any lot line, a bufferyard shall be provided which shall be not less than 100 feet in width, measured from such lot line or from the street line where such street constitutes the lot line, and shall be in accordance with the provisions of this chapter. Such bufferyard may be coterminous with any required yard in this district, and, in case of conflict, the larger yard requirements shall apply. No parking areas, loading areas, trash collection areas, or driveways (except where they cross the buffer perpendicular to the boundary line) are permitted to occupy the 100 feet of the bufferyard at the property or street line.
[Ord. No. 762, 5/7/2020]
1. 
Tattoo and body piercing services. A retail facility offering, body piercing, branding or tattooing of persons, and similar uses. All personnel performing body piercings, branding or tattooing of persons, or other similar services shall be licensed by the Commonwealth of Pennsylvania or be certified in CPR and bloodborne pathogens. The following requirements shall be met:
A. 
The service must be performed in sanitary conditions and in compliance with all federal, state, and local regulations, rules and laws regulating such practices.
B. 
The place of service shall be a minimum of 1,000 feet from the nearest public or private school.
C. 
The limited personal service provider shall display notices as required by Pennsylvania law regarding the necessity of parental consent before any procedure is performed on a minor.
D. 
Facilities shall take access to the site from Street Road and SR 263 only.
[Ord. No. 762, 5/7/2020]
1. 
The following requirements shall be met:
A. 
All equipment shall be screened by a wall, fence, or landscaping screen not less than six feet in height.
B. 
Motor vehicle leasing shall be subject to the following requirements:
(1) 
Where the use is the single use on a lot, the minimum lot size shall be 1/2 acre.
(2) 
Storage or display of vehicles for lease shall be placed no closer to the future street right-of-way line than 25 feet.
(3) 
Parking areas for motor vehicle leasing customers shall be clearly delineated so as to separate them from vehicle display and storage areas.
(4) 
Servicing of vehicles on the premises shall not be permitted.
[Ord. No. 762, 5/7/2020]
1. 
Special exception criteria.
A. 
A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be denied or revoked at any time, any special exception shall immediately become void.
B. 
A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.
C. 
A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a public, private or parochial school, day-care center, place of worship, public park, or community center. Nor shall a medical marijuana dispensary be located closer than 2,500 feet from another medical marijuana dispensary or from a medical marijuana grower/processor.
D. 
A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales, and no sidewalk displays, shall be permitted. No drive-through, dropoff, or pickup services shall be permitted.
E. 
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.
F. 
A medical marijuana facility shall be limited to hours of operation not earlier than 9:00 a.m. and not later than 9:00 p.m.
G. 
A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from the Township Police Chief. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.
H. 
There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is operating.
I. 
No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.[1]
[1]
Editor's Note: See 35 P.S. § 10231.506.
J. 
No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.
K. 
The minimum size of a medical marijuana dispensary facility shall be 2,000 gross square feet in total floor area.
L. 
A medical marijuana dispensary shall submit a security plan to, and obtain approval from, the Township Engineer, the Township Planner, and the Township Police Chief. The medical marijuana grower/processor shall demonstrate how it will maintain effective security and control. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the Medical Marijuana Act[2] and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.
[2]
Editor's Note: See 35 P.S. § 10231.1102.
M. 
A medical marijuana dispensary shall provide proof of a contract with a private security company, and shall be staffed with/monitored by security personnel 24 hours a day and seven days a week.
N. 
A medical marijuana dispensary shall submit a site plan for approval by the Township Engineer and a floor plan for approval by the Township Building Code Official. The floor plan shall identify internal security measures. All medical marijuana product, by-product, and waste shall be stored in an interior secure vault or receptacle in such a manner as to protect against improper dissemination.