The following uses shall be permitted in the Highway Commercial District:
A.
Multiple-use buildings used for commercial purposes,
provided that there is a minimum lot area of 20,000 square feet for the first
use and 2,000 square feet for each additional use in accordance with the yard
setback requirements of this district.
[Added 5-30-2006 by Ord. 301]
B.
The following uses in accordance with the Highway Commercial
District lot area requirements:
(1)
Hotels, motels, tourist homes, restaurants and commercial
recreational facilities.
(2)
Automotive and mobile home sales and service, such as
service stations, repair garages, new and used car dealers, subject to the
following:
[Amended 1-23-2007 by Ord. No. 306]
(a)
Entrance and exit driveways shall have an unrestricted
width of not less than 15 feet nor more than 30 feet and shall be located
not less than 20 feet from any property line.
(b)
Vehicle lifts or pits, dismantled or disabled automobiles
and all parts or supplies shall be located within completely enclosed buildings
or completely screened from adjacent properties.
(c)
All service or repair of motor vehicles, other than such
minor servicing as changing tires or sale of gasoline or oil, shall be conducted
in a completely enclosed building. This requirement shall not be construed
to mean that the doors to any repair shop must be closed at all times.
(d)
The storage of gasoline or flammable oils in bulk shall
be located fully underground and not nearer than 50 feet from any property
line other than the street line.
(3)
Drive-in establishments.
(4)
Mini warehousing and self-storage establishments.
(5)
Shopping centers in accordance with the provisions of
this chapter.
(6)
Retail businesses.
(7)
Business services.
(8)
Personal services.
(9)
Repair services.
C.
Accessory uses customarily incidental to a permitted
principal use.
D.
Health clubs, health spas and other similar establishments,
subject to the requirements of § 150-80.
[Added 7-8-1997 by Ord. No. 246]
E.
Public utilities (i.e., sewer, water, gas, etc.).
[Added 3-27-2001 by Ord. No. 270]
F.
Federal, state and local government offices and accessory uses,
and other municipal essential services (i.e., fire, police, nonprofit recreational
facilities, etc.).
[Added 1-25-2005 by Ord. No. 291]
[Added 8-12-2003 by Ord. No. 283;
amended 9-26-2006 by Ord. No. 304]
Conditional uses in the Highway Commercial District shall be as follows.
A.
Adult-oriented businesses in accordance with the following
standards:
(1)
Adult businesses must be conducted and maintained in
such a manner as to ensure the health, safety and welfare of the citizens
and their property in Antrim Township.
(2)
General regulations.
(a)
Adult-oriented businesses shall only be permitted as
a conditional use in the Highway Commercial (HC) Zoning Districts.
(b)
No adult-oriented business shall be located within 1,000
feet of any of the following land uses, as measured from the nearest point
of both properties.
(c)
No adult-oriented business shall be located on a parcel
of land that is adjacent to an interstate or Grindstone Hill Road from S.R.
0016 south to Exit 3 of Interstate 81.
(d)
No adult-oriented business shall be located within 2,000
feet of another adult business.
(e)
Permit required. No adult business shall be commenced
or continued without a conditional use permit being obtained from the Township
pursuant to this chapter.
(f)
Signs and displays. No exterior display or interior display
which is visible from outside the business shall be made to identify or portray
the type of activity which occurs at an adult-oriented business, excepting
for one approved ground sign not to exceed a surface area of 36 square feet
for both sides combined. Such sign shall be subject to all other limitations
applicable to signs. It shall not incorporate any obscene material, sexual
messages, or any sexual or obscene innuendos, or any pictures, but shall be
otherwise unlimited as to message. All entrances to an adult business shall
be clearly and legibly posted by a notice indicating that minors are prohibited
from entering the premises.
(g)
Nonconforming buildings or lots. No nonconforming building
or lot shall be used for an adult-oriented business. No other existing building,
lot or use shall be added to, enlarged, expanded in size or program or converted
for purposes of conducting an adult-oriented business unless application to
do so has been made pursuant to this section.
(h)
All exterior areas of the adult business, including buildings,
landscaping and parking areas, shall be kept free of trash and debris and
maintained in a clean and orderly manner at all times.
(i)
Hours of operation shall not be from 2:00 a.m. to 6:00
a.m. and such businesses must be closed on Sundays and all federal observed
holidays.
(j)
Each adult business shall conform to all applicable laws
and regulations with regards to federal, state and local laws.
(3)
Prohibited activities. Because they are known to present
severe health risks (including spread of sexually transmitted diseases), encourage
prostitution, increase sexual assaults and attract criminal activity, the
following activities shall not be permitted in any adult-oriented business
within Antrim Township:
(a)
Adult business shall not sell or display "obscene matter,"
as that term is defined by the PA Crimes Code or its successors, and may not
exhibit "harmful matter," as that term is defined by the PA Crimes Code or
its successors, to minors.
(b)
No adult business shall be operated in any manner that
permits the observation of any persons or material depicting, describing or
related to "specified sexual activities" or "specified anatomical areas" inside
the premises 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.
[1]
Specified sexual activities:
[a]
Fondling or other erotic touching of human genitals pubic
region, buttocks, anus (or) female breast.
[b]
Sex acts, normal or deviant, actual or simulated, including
intercourse, oral copulation or sodomy.
[c]
Acts of human masturbation, actual or simulated.
[d]
Excretory function as part of or in connection with any
of the activities set forth above.
(c)
No loudspeakers or sound equipment shall be used by an
adult business for the amplification of sound to a level audible beyond the
walls of the building in which the business is located.
(d)
Public appearance by a person knowingly or intentionally
engaged in sexual intercourse, deviate sexual conduct or the fondling of the
genitals of himself or another person, or the fondling of female breasts.
(e)
The knowing and intentional public appearance of a person
in a state of nudity.
(4)
Adult businesses must meet the following minimum criteria:
(a)
Minimum front yard setback of 300 feet.
(b)
Minimum side yard of 100 feet.
(c)
Screening shall be provided along all property lines
that are not adjacent to a public road, which shall be three rows of evergreens,
six feet in height, and staggered so as to not see through them. The screening
must be maintained by the property owners, and trees that do not survive must
be replaced as soon as they show signs of dying.
(d)
Meet any other condition set forth by the Board of Supervisors
which is reasonable and that provides for the health, safety, and well-being
of the public in general.
(5)
ADULT MATERIALS
ADULT-ORIENTED BUSINESS
NUDITY
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Adult materials shall include, but not be limited to, any literature,
books, magazines, pamphlets, newspapers, papers, comic books, drawings, articles,
computer or other images, motion pictures, mechanical devices, instruments,
clothing or any other writings, materials or accessories that are distinguished
or characterized by their emphasis on matter depicted, described or related
to "specified sexual acts" or "specified anatomical areas" as defined herein,
or an establishment with a segment or section exclusively devoted to the sale,
lease, gift, trade, display of such materials or of any drug paraphernalia.
Use of a building, structure or property, or part thereof, for a
business that has adult materials in a section or segment devoted to such
materials or as substantial or significant portion of its stock-in-trade for
the purposes of sale, lease, trade, gift or display of such adult materials.
For the purposes of this chapter, adult-oriented businesses shall also mean
and include any massage parlor, nightclub, bar, tavern, restaurant, eating
and drinking establishment, arcade, theater, motel, hotel, or any other establishment
that regularly features, for economic gain or other consideration, entertainment
in any form that is characterized by nudity or the depiction or display of
sexual activities.
Nudity means the showing of the human male or female genitals, pubic
area, buttocks or anus, any part of the nipple or any part of a female breast
below a point immediately above the top of the areola with less than a fully
opaque covering.
B.
Fireworks sales establishments in accordance with the
following standards:
(1)
Fireworks sales and storage establishments must be conducted
and maintained in such a manner as to ensure the health, safety and welfare
of the citizens and their property in Antrim Township and any other neighboring
municipality.
(2)
General regulations.
(a)
Fireworks sales and/or storage businesses shall only
be permitted as a conditional use in the Highway Commercial (HC) Zoning Districts.
(b)
Fireworks sales and/or storage facilities shall only
be located in areas that have a public (by definition of this chapter) water
supply and a fire hydrant within 500 feet of the building.
(c)
Lot area shall not be less then two acres.
(d)
All front, side and rear yards shall be 250 feet.
(e)
All operations, including but not limited to parking,
shall not be located in the required yards.
(f)
No fireworks sales and/or storage facility shall be located
within 250 feet from another fireworks sales or storage facility.
(g)
Nonconforming buildings or lots. No nonconforming building
or lot shall be used for a fireworks-oriented business. No other existing
building, lot or use shall be added to, enlarged, expanded in size or program
or converted for purposes of conducting any fireworks sales and/or storage
business unless application to do so has been made pursuant to this section.
(h)
Each fireworks sales and storage business shall conform
to all applicable laws and regulations with regards to federal, state and
local laws.
(i)
Screening shall be provided along all property lines
that are not adjacent to a public road, which shall be two rows of evergreens,
minimum six feet in height, and staggered so as to not see through them. The
screening must be maintained by the property owners, and trees that do not
survive must be replaced as soon as they show signs of dying.
(j)
Meet any other condition set forth by the Board of Supervisors
which is reasonable and that provides for the health, safety, and well-being
of the public in general.
(3)
It shall be prohibited to sell display fireworks within
the municipal boundaries of Antrim Township.
(4)
CONSUMER FIREWORKS
DISPLAY FIREWORKS
FIREWORKS
PERSON
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Includes combustible or explosive composition or any substances intended
to produce visible and/or audible effects by combustion and which is suitable
for use by the public that 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
which complies with the provisions for "consumer fireworks" as defined in
the American Pyrotechnics Association (APA) Standard (87-1), or any successor
standard. The term does not include such devices as "ground and handheld sparkling
devices," "novelties" and "toy caps" in APA Standard 87-1, the sale, possession
and use of which shall be permitted at all times throughout this Township.
Large fireworks designed primarily to produce visible or audible
effects by combustion, deflagration, or detonation. This term includes, but
is not limited to, salutes containing more than two grains (130 milligrams)
of explosive materials, aerial shells containing more than 40 grams of pyrotechnic
compositions, and other display pieces which exceed the limits of explosive
materials for classification as "consumer fireworks." Display fireworks are
classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of
Transportation at 49 CFR 172.101. This term also includes fused setpieces
containing components which together exceed 50 milligrams of salute powder.
Includes either consumer or display fireworks.
As used herein, refers to any natural person, any partnership, any
corporation and/or association.
[1]
Editor's Note: Former § 150-22, Conditional uses, added
10-24-1995 by Ord. No. 238, was repealed 3-27-2001 by Ord. No. 270.
A.
Uses in this Highway Commercial District shall be subject
to the use standards itemized in the Community Commercial District.
B.
No commercial driveway entrance or exit shall be located
within 75 feet of intersecting street rights-of-way.
C.
All outdoor storage or display shall be set back a minimum
of 10 feet from the side lot lines and shall not be located in the established
right-of-way.
