[Added 3-13-2000 by Ord. No. 1792]
A.
It is the intent of this regulation to further the
purpose of the zoning regulations. The city, through its planning
and zoning regulations, wishes to provide for its citizens and tourists
an atmosphere that is both safe, healthy and aesthetically pleasing,
one that fosters activities appropriate for visitors of all ages on
its thoroughfares. In addition, the city through its neighborhood
planning program and Comprehensive Plan recognizes that some residential
neighborhoods, because of their proximity to commercial districts,
are more susceptible to the effect of intensive or obnoxious activities.
This regulation aims to preserve neighborhood integrity while fostering
a positive and wholesome image for visitors from out of the area.
B.
It is further the purpose of this article to promote
the health, safety and general welfare of the citizens of the city
and to establish reasonable regulations. The provisions of this article
have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including sexually
oriented materials. Similarly, it is not the intent nor effect of
this article to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent nor effect of this
article to condone or legitimize the distributions of obscene material.
As used in this article, the following terms
shall have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture 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. All adult arcades must be constructed according to Exhibit
A, which is part of this article.[1]
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals or
other printed matter; photographs, films, motion pictures, videocassettes,
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or instruments, devices or paraphernalia which are designed
for use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features persons appearing in the state of nudity;
live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; films, motion
pictures, videocassettes, slides, digital imaging, photographic reproductions
or any and all visual media using the most recent technology, which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, digital imaging, photographic
reproductions or any visual media using current technology which are
characterized by the depiction or description of specified sexual
activities or specified anatomical areas; and has a sign visible from
the public right-of-way which advertises the availability of this
adult-type of photographic reproductions; or offers sleeping rooms
for rent four or more times in one calendar day during five or more
calendar days in any continuous thirty-day period.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
Any commercial establishment which, as one of its principal
business purposes, serves and/or sells children and their families
food, apparel, goods, services, play and/or entertainment.
A person whom, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
Any person or business association who furnishes, offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
Any person in whose name a zoning permit to operate a sexually
oriented business has been issued, as well as the individual listed
as an applicant on the application for a zoning permit.
[Amended 11-9-2020 by Ord. No. 2113]
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration physical contact
in the form of wrestling or tumbling between persons of the opposite
sex; or activities between male and female persons and/or persons
of the same sex when one or more of the persons is in a state of nudity
or seminude.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following: fondling or other erotic touching
of human genitals, pubic region, buttocks, anus or female breasts;
sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy; masturbation, actual or simulated; or excretory
functions as part of or in connection with any other specified sexual
activities.
That increase in floor areas occupied by the business by
more than 25%, as the floor area exists on date of enactment of this
article.
The City of Greensburg.
Includes any of the following: the sale, lease or sublease
of the business; the transfer of securities which constitute a controlling
interest in the business, whether by sale, exchange or similar means;
or the establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
[1]
Editor's Note: Exhibit A is located at the
end of this chapter.
Sexually oriented businesses are classified
as follows:
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
Any person who operates a sexually oriented business without a valid
zoning permit issued by the city is guilty of a violation of the Zoning
Ordinance.
B.
An application for a zoning permit to operate a sexually oriented business must be made in accord with § 265-138. Pennsylvania Department of Labor and Industry approved plans showing the floor plan and plot plan configuration of the premises, including a statement of total floor space occupied by the business, must accompany the application. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
C.
The applicant must be qualified according to the provisions of this
chapter, and the premises must be inspected and found by the Planning
Director to be in compliance with the law and the rules and regulations
of this chapter.
D.
If a person who wishes to operate a sexually oriented business is
an individual, he must sign the application for a permit as applicant.
If a person who wishes to operate a sexually oriented business is
other than an individual, each individual who has a 10% or greater
interest in the business must sign the application for a permit as
applicant. If a corporation is listed as owner of a sexually oriented
business or as the entity which wishes to operate such a business,
each individual having a direct or indirect interest of 10% or greater
in the corporation must sign the application for a permit as applicant.
E.
The fact that a person possesses other types of City permits does
not exempt the person from the requirements of obtaining a zoning
permit for a sexually oriented business.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
The Planning Director or their designee shall approve
the issuance of a permit to an applicant within 30 days after receipt
of an application unless he finds one or more of the following to
be true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or an applicant's spouse is overdue
in his payment to the city of taxes, fees, fines or penalties assessed
against him or imposed upon him in relation to a sexually oriented
business.
(3)
An applicant has failed to provide all information
required for issuance of the permit or has falsely answered a question
or request for information on the application form.
(4)
An applicant is residing with a person who has
been denied a permit by the city to operate a sexually oriented business
within the preceding 12 months or residing with a person whose license
to operate a sexually oriented business has been revoked within the
preceding 12 months.
(5)
The premises to be used for the sexually oriented
business have been reviewed and have been disapproved by the Planning
Director or their designee as not being in compliance with applicable
laws and ordinances.
(6)
The permit fee required by this article has
not been paid.
(7)
An applicant of the proposed establishment is
in violation of or is not in compliance with any of the provisions
of this article.
(8)
An individual applicant or any individual holding
a direct or indirect interest of more than 10% of a corporate applicant,
or any of the officers and directors of a corporate applicant, if
the applicant is a corporation; or any of the partners, including
limited partners, if the applicant is a partnership; or the manager
or other person in charge of the operation of the applicant's business,
has or have been convicted of an offense involving sexual misconduct
within the Commonwealth of Pennsylvania, including but not limited
to prostitution, obscenity and possession of child pornography, or
convicted of any offense in any jurisdiction other than the Commonwealth
of Pennsylvania that would have constituted an offense involving sexual
misconduct if committed within the Commonwealth of Pennsylvania. In
order for approval to be denied pursuant to this subsection, the person
or person's conviction or release in connection with the sexual misconduct
offense must have occurred within two years of the date of application
in the event of a misdemeanor and within five years of the date of
application in the event of a felony.
B.
The permit, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date, and the address of the sexually oriented business. The permit
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read at any
time.
C.
The Planning Director or their designee shall complete
the certification that the premises are in compliance or not in compliance
within 20 days of receipt of the application to the Planning Director
or their designee. The certification shall be promptly presented to
the Planning Director or their designee.
The annual fee for a sexually oriented business
permit is $500.
A.
An applicant, or permittee, shall permit the Planning
Director or their designee to inspect the premises of a sexually oriented
business for the purpose of insuring compliance with the law at any
time that the sexually oriented business is open for business.
[Amended 9-14-2015 by Ord. No. 2057]
B.
A person who operates a sexually oriented business
or his agent or employee violates the Zoning Ordinance if he refuses
to permit such lawful inspection of the premises at any time it is
open for business.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A.
All zoning permits for sexually oriented businesses shall expire one year from the date of issuance and may be renewed only by making application as provided in § 265-207. Application for renewal should be made at least 30 days before the expiration date, and, when made fewer than 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
B.
If the Planning Director denies renewal of a permit, the applicant
shall not be issued a permit for one year from the date of denial,
except that after 90 days having elapsed since the date of denial,
the applicant may be granted a permit if the Planning Director finds
that the basis for denial of the renewal permit has been corrected
or abated.
[Amended 9-14-2015 by Ord. No. 2057]
The Planning Director or their designee shall
suspend a permit for a period not to exceed 30 days if he determines
that a permittee or an employee of a permittee has violated or is
not in compliance with any section to this article; refused to allow
an inspection of the sexually oriented business premises as authorized
by this chapter; knowingly permitted gambling by any person on the
sexually oriented business premises.
A.
The Planning Director or their designee shall revoke a permit if a cause of suspension set forth in § 265-211 occurs and the permit has been suspended within the preceeding 12 months.
[Amended 9-14-2015 by Ord. No. 2057]
B.
The Planning Director or their designee shall revoke
a permit if he determines that:
[Amended 9-14-2015 by Ord. No. 2057]
(1)
Permittee, or any of the persons specified in § 265-207, is or has been convicted of the offenses specified in said section.
(2)
Permittee gave false or misleading information
in the material submitted to the city during the application process.
(3)
Permittee or an employee of a permittee has
knowingly allowed possession, use or sale of controlled substances
on the premises.
(4)
Permittee or an employee of a permittee has
knowingly allowed prostitution on the premises.
(5)
Permittee or an employee of a permittee knowingly
operated the sexually oriented business during a period of time when
the permittee's permit was suspended.
(6)
Permittee or an employee of a permittee has
knowingly allowed any act of sexual intercourse, sodomy, oral copulation,
masturbation or other explicit sexual conduct to occur in or on the
permitted premises.
(7)
Permittee is delinquent in payment to the city
or state of any taxes or fees relating to sexually oriented businesses.
C.
When the Planning Director or their designee revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation becomes effective, except that if the revocation is pursuant to Subsection B(1) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.
[Amended 9-14-2015 by Ord. No. 2057]
D.
To minimize and reduce delay to the applicant or permittee,
and in addition to the appeal time frames and remedies available under
the Municipalities Planning Code, 53 P.S. § 10101 et seq.,
all permit denial, renewal, suspension or revocation determinations
shall be sent, in writing, to the applicant or permittee. All such
determinations which deny, refuse or renew, suspend or revoke a permit
shall state specifically the ordinance requirement not met and any
other basis of the decision. After denial of an application, or denial
of a renewal of an application, or after suspension or revocation
of any permit, the applicant or permittee may appeal pursuant the
procedures of the Planning Act and this Zoning Ordinance.
[1]
Editor's Note: This ordinance also repealed former Subsection
E, which permitted appeal to a court, which immediately followed this
subsection.
A permittee shall not transfer his permit to
another person. A permittee shall not operate a sexually oriented
business under the authority of a permit at any place other than the
address designated in the application.
A.
A person is guilty of a violation of the Zoning Ordinance
if he operates or causes to be operated a sexually oriented business
outside of the district in which a sexually oriented business is a
permitted use. No sexually oriented business shall be located outside
a district in which a sexually oriented business is a permitted use.
Sexually oriented businesses as defined herein shall be permitted
in the Industrial District (M). Hours of operation shall be from 8:00
a.m. to 10:00 p.m., Monday through Saturday. No hours of operation
on Sundays and legal holidays. No such use will be permitted in any
Industrial Districts that are under consideration for redevelopment
or future development as determined by the City of Greensburg Comprehensive
Plan, adopted in November of 1999.
B.
A person is guilty of a violation of the Zoning Ordinance
if he operates or causes to be operated a sexually oriented business
within 1,000 feet of a church; a public or private preelementary,
elementary or secondary school; a public library; a child-care facility
or nursery school; a public park adjacent to any residential district;
a child-oriented business; a college and/or public or private university;
and any residentially zoned districts in the city.
C.
A person is guilty of a violation of the Zoning Ordinance
if he causes or permits the operation, establishment, substantial
enlargement or transfer of ownership or control of a sexually oriented
business within 1,000 feet of another sexually oriented business.
D.
A person is guilty of a violation of the Zoning Ordinance
if he causes or permits the operation of a substantial enlargement
of the sexually oriented business.
E.
For the purposes of this article of the Zoning Chapter
of the Code of the City of Greensburg, measurement shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a part
of the premises where a sexually oriented business is conducted, to
the nearest property line of the premises of a church, public or private
preelementary, elementary or secondary school, public library, child-care
facility, child-oriented business or nursery school; or to the nearest
boundary of an affected public park, college, university or residentially
zoned district.
F.
For purposes of this section of this article of the
Zoning Chapter of the Code of the City of Greensburg, the distance
between any two sexually oriented businesses shall be measured in
a straight line, without regard to intervening structures or objects,
from the closest exterior wall of the structure in which each business
is located.
G.
Any sexually oriented business lawfully operating on date of enactment of this article that is in violation of any part of this section (§ 265-214) shall be deemed a nonconforming use. Any preexisting nonconforming use sexually oriented business that is abandoned or is not used as such for a period of at least 12 months loses its preexisting nonconforming status and must thereafter comply with all provisions of this article to reopen. At the time of the writing of this article there are no such preexisting uses in the city. If in the event that two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
H.
A sexually oriented business lawfully operating as
a conforming use is not rendered a nonconforming use by the location,
subsequent to the grant or renewal of the sexually oriented business
permit, of a church, public or private preelementary, elementary or
secondary school, public library, child-care facility, child-oriented
business, nursery school or public park within 1,5000 feet of the
sexually oriented business. This provision applies only to the renewal
of a valid permit and does not apply when an application for a permit
is submitted after a permit has expired or has been revoked.
It is a defense to prosecution under §§ 265-207 and 265-214 that a person appearing in a state of nudity did so in a modeling class operated by a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college or university supported entirely or partly by taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; in a structure which has no sight visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; where, in order to participate in a class, a student must enroll at least three days in advance of the class; and where no more than one nude model is on the premises at any one time.
A person who operates or causes to be operated
a sexually oriented business without a valid permit or in violation
of this article is subject to an action in equity or a suit for injunction
as well as citations for violations of the Zoning Ordinance.
The provisions of this article are severable,
and, if any section, sentence, clause, part or provision hereof shall
be held illegal, invalid or unconstitutional by any court of competent
jurisdiction, such decision of the court shall not affect the remaining
sections, sentences, clauses, parts or provisions of this article.
It is hereby declared to be in the intent of the Council that this
article would have been adopted if such illegal, invalid or unconstitutional
section, sentence, clause, part or provision had not been included
herein.
