[Added 8-20-2020 by Ord. No. O-20-03]
A. 
Intent. It is the intent of this district to avoid the mixing of incompatible land uses by establishing an overlay for adult business and bottle clubs in which they be permitted by conditional use.
B. 
Adult business uses and/or bottle club uses shall include, but are not limited to, the following:
(1) 
Adult arcades.
(2) 
Adult bookstores.
(3) 
Adult cabarets.
(4) 
Adult motion and/or mini-motion-picture theatres.
(5) 
Adult theatre.
(6) 
Bottle clubs.
(7) 
Massage parlor.
C. 
General requirements.
(1) 
All storage and displays shall be located within the building.
(2) 
All business transactions on the premises shall be conducted within the building.
(3) 
No exterior changes, excluding maintenance, to a building proposed to be used for an adult business use and/or bottle club use can be made without addressing the zoning permit requirements of Article X, § 200-49, of this chapter.
(4) 
All new construction shall be consistent with the scale and architectural styles of the buildings surrounding the site proposed for an adult business use and/or bottle club use.
(5) 
Advertisements, displays or other promotional materials of specific sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
(6) 
In adult mini-motion-picture theatres, no openings are permitted through walls separating private viewing booths.
(7) 
All adult business use and/or bottle club uses shall comply with the Township's outdoor illumination requirements contained in § 200-35 of this chapter.
D. 
Signs and other visible messages. In addition to the regulations of the College Township Sign Ordinance and applicable state laws, the following shall apply to all adult business uses and/or bottle club uses: Signs shall comply with Chapter 170 and may not include any graphic or pictorial depiction of material related to specific sexual activities or specified anatomical areas.
E. 
Locational requirements.
(1) 
Adult business use and/or bottle club use shall be located within the Adult Business and Bottle Club Overlay. The Overlay shall encompass an area beginning at the intersection of East College Avenue (SR 0026) and the Benner Pike (SR 0150), continuing northeast 0.25 miles along the eastern side of the Benner Pike to a point between tax parcel 19-002B-,089A and 19-002B-,089. Continuing along the property line 0.04 miles to a point. Continuing along property boundary 0.01 miles to a point. Continuing along common boundary wall between parcels 19-002B-,089A and 19-002B-,089. Continuing 0.07 miles to East College Avenue. Continuing along East College Avenue 0.26 miles to the point of beginning.
(2) 
All adult business uses and/or bottle club uses shall incorporate buffering along property boundaries.
(a) 
The number of plantings and/or fencing required will be determined based on the type of adjoining land use as defined in Table 1, Land Use Classifications. The following plantings and/or fencing will be required along the property boundaries of the proposed adult business uses and/or bottle club uses:
Adjacent Land Use
Plantings/Fencing Required Per 100 Linear Feet
Width
(feet)
R-1, R-2, R-3, V, UPD
4 canopy trees, six understory trees, 12 evergreen trees; Fence, total length of the property
100
RO, GC, C-2
3 canopy trees, four understory trees, eight evergreen trees
75
C-1, I-1
2 canopy trees, four understory trees, four evergreen trees
50
(b) 
When adult business uses and/or bottle club uses are located adjacent to a residential use or zoning district, the required fence shall be opaque and at least six feet in height. 70% of the plantings shall be placed between the property line shared with the residential use or zoning district and the required fence.
F. 
Termination or modification of zoning permit.
(1) 
When a zoning permit for an adult business use and/or bottle club use is authorized by the Zoning Administrator, the continuation of such use shall be dependent upon the conditions established under the permit and this section; in the event of a change of conditions or noncompliance with conditions, the Zoning Administrator shall have the right to terminate or revoke the zoning permit.
(2) 
Any modification to a zoning permit must be approved by the Zoning Administrator using the same procedures outlined for approval of a zoning permit, § 200-49.
G. 
Storage, consumption and sale of alcoholic beverages on unlicensed business premises.
(1) 
Storage. A person commits a summary offense if he stores or permits storage by others of liquor or malt or brewed beverages for the purpose of consumption between the hours of 2:00 a.m. and 8:00 a.m. on business premises owned, operated, leased or controlled by such person which are not licensed under the Act of April 12, 1951 (P.L. 90, No. 21, as amended), known as the Liquor Code.[1]
[1]
Editor's Note: See 47 P.S. § 101 et seq.
(2) 
Consumption. A person commits a summary offense if he allows another to consume liquor or malt or brewed beverages, after payment of an entry fee, cover charge or membership fee, between the hours of 2:00 a.m. and 8:00 a.m. on business premises owned, operated, leased or controlled by such person which are not licensed under the Liquor Code.
(3) 
Sale. A person commits a summary offense if he sells or offers to sell any liquor or malt or brewed beverages between the hours of 2:00 a.m. and 8:00 a.m. on business premises owned, operated, leased or controlled by such person which are not licensed under the Liquor Code.
H. 
Prohibition of certain types of entertainment on bottle club premises.
(1) 
Offense defined. No bottle club operator or servants, agents or employees of the same shall knowingly permit any lewd, immoral or improper entertainment as previously defined on premises used as a bottle club or in any place operated in connection therewith.
(2) 
Penalty for violation. Any person who violates § 200-42G(1) commits a summary offense punishable by state law.