[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.
[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.
(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.
[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.
[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.
ADULT ARCADE
ADULT BOOKSTORE
ADULT BUSINESS
ADULT BUSINESS OPERATOR
ADULT BUSINESS OWNER
ADULT CABARET
ADULT ENTERTAINMENT ENTERPRISE
ADULT ENTERTAINMENT ROOM
ADULT HOTEL/MOTEL
ADULT MODELING STUDIO
ADULT MOTION-PICTURE THEATER
ADULT VISUAL MATERIALS OR VIDEO STORE
APPLICANT
BAR
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
EMPLOYEE
ENTERTAINER
OPERATE AN ADULT BUSINESS
PERMITTEE
PERSON
REGULARLY FEATURES
SEMINUDE
SPECIFIED ANATOMICAL AREAS
(1)
(2)
(3)
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
(5)
ZONING OFFICER
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Any commercial establishment licensed by the State Liquor
Control Board to serve any alcoholic beverages on the premises.
The dominant or essential theme of the object described by
such phrase.
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.
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.
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.
The person to whom an adult business permit is issued.
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.
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.
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.
Any of the following:
Less than completely and opaquely covered human genitals, pubic
region, buttocks and female breast below a point immediately above
the top of the areola;
Human male genitals in a discernibly turgid state, even if completely
opaquely covered;
Any device, costume or covering that simulates any of the body
parts included in Subsection 2A(1) and (2) above.
Any of the following, whether performed directly or indirectly
through clothing or other coverings:
Human genitals in a state of sexual stimulation or arousal.
Sexual acts, actual or simulated, including sexual intercourse,
oral copulation or sodomy.
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast.
Masturbation, actual or simulated.
Excretory functions as part of or in connection with any of
the other activities described in Subsection 2A(1) through (4) above.
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.
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.
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.
[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.
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.
