In the Light Manufacturing and Industrial District, land, buildings
and/or structures may be used and buildings and/or structures may
be erected, altered and maintained for only the following uses.
[Amended 6-19-1989 by Ord. No. 5-1989]
A. Principal
permitted uses are as follows:
(1) Automobile, truck, motorcycle, farm equipment, construction equipment
servicing, painting, upholstering, collision repair, tire retreading
and recapping and battery manufacturing, not including retail gasoline
service station.
(5) Building materials storage and sales.
(8) Cold storage or locker food storage.
(9) Contractors' offices and equipment and materials storage.
(10)
Cosmetics and manufacture of legal drugs.
(11)
Distribution plant, including parcel delivery, etc.
(12)
Dry cleaning and commercial laundry.
(13)
Electrical goods manufacture, limited to household items.
(14)
Food products processing and packaging, except meat, fish and
dog or cat food processing.
(15)
Furniture and hardware manufacture.
(16)
Jewelry, timepiece, optical, musical instrument or scientific
instrument manufacture.
(18)
Manufacture of tools, dies or patterns.
(19)
Machinery repair, sales and display.
(20)
Metal fabrication, with foundry casting limited to lightweight
nonferrous metals and drop hammer or punch press with capacity of
not more than 50 tons.
(21)
Printing and publishing plants.
(23)
Sign and display manufacturing and storage.
(24)
Truck terminals, including offices, dormitories, transfer depots,
truck servicing and repairing.
(26)
Warehousing, storage and packaging.
(28)
Public utility service buildings, structures and facilities.
(30)
Parking lots or structures to serve principal permitted uses
in the Commercial or Light Manufacturing and Industrial District,
publicly or privately operated.
[Amended 6-19-1989 by Ord. No. 5-1989]
A. Accessory
uses as follows:
(1) Accessory buildings directly related to the principal use.
(3) Parking and loading areas, garages or sheds.
(5) Outdoor storage of semifinished, finished or scrap materials or goods,
when screened from public view beyond the limits of the Light Manufacturing
and Industrial District.
(6) Any other accessory use customarily incident to a principal permitted use authorized in this Article
X.
No building or structure erected or enlarged in the Light Manufacturing
and Industrial District shall exceed in height 50 feet or two stories.
Accessory buildings or structures shall not exceed 14 feet in height
or one story, except signs.
The minimum setback of a structure or building from an adjacent
street or property line shall be as follows:
B. Side yards: two required, each 15 feet, or 20 feet where the side
yard abuts a street.
D. See also Article
XII, § 250-65I.
The following standards governing the operation of permitted
activities in the LM District shall apply where they are more restrictive
than applicable controls of Allegheny County or the Commonwealth of
Pennsylvania. These standards shall apply to all industrial construction,
whether new facilities or expansion of existing operations, proposed
after adoption of this chapter.
A. The developer shall produce evidence that the performance requirements
of Allegheny County and the Commonwealth of Pennsylvania have been
or will be met in the conduct of the proposed operation.
B. The following are maximum allowable emissions as measured along property
or district boundaries, as noted:
(1) Noise: 50 decibels along the boundary of the district, whether steady
or intermittent, except noise of transportation in motion which shall
be excluded.
(2) Smoke: density equivalent to Number 2 on the Ringelmann smoke detection
chart measured along district boundaries.
(3) Glare: intensity of 50 footcandles from a direct light source measured
along property lines or 20 footcandles measured along district boundaries
on any surface.
C. The following controls on potentially noxious side effects of industrial
operations shall also apply, and the developer shall demonstrate to
the Planning Commission's satisfaction that, if activities likely
to produce these side effects will be a part of the operation, measures
will be taken to conform to these controls:
(1) Dust: shall be gathered within the structure housing the process
producing the dust.
(2) Sky-reflected glare: All operations producing sky-reflected light
shall be conducted in an enclosed structure.
(3) Vibration: No vibration from any process shall be discernible beyond
the boundary of the property on which a vibration-producing process
occurs.
(4) Outside storage:
(a)
Solids. Solid materials shall be screened from view from any
public street and from areas outside the Industrial "LM" District.
(b)
Liquids. Liquid materials shall be stored in vented tanks below
grade or in above-grade vessels, not exceeding 35 feet in height,
surrounded by a dike of sufficient capacity to contain the maximum
volume of the tank or tanks thus enclosed.
(5) Waste disposal.
(a)
Solid. Solid waste shall be removed from a property not less
often than once weekly.
(b)
Liquid. Liquid waste shall be directed to the sanitary public
sewer or, if certain liquid wastes are not permitted to enter the
sewers, they shall be removed from the property producing them and
disposed of outside the Borough in a manner complying with state requirements.
As used in this article, the following terms shall have the
meanings indicated:
ADULT ARCADE
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 of
five or fewer persons per machine at any time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A.
A commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration any one or
more of the following:
(1)
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas.
(2)
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
B.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore and adult video
store. Such other business purposes will not serve to exempt such
commercial establishment from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration of the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in the state of nudity.
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
C.
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENT
Either or both of the following:
A.
An exhibition of any adult-oriented motion pictures, meaning
those distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
B.
A live performance, display or dance of any type which has a
significant or substantial portion of the performance of specified
sexual activities or exhibition and viewing of specified anatomical
areas, removal of articles of clothing or appearing unclothed, pantomiming,
modeling, or any other personal services offered patrons.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
ADULT MOTEL
A hotel, motel or similar commercial establishment, which:
A.
Offers accommodations to the public for any form of consideration
and provides patrons with closed circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions 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.
B.
Offers any single sleeping room for rent four or more times
in one calendar day during five or more calendar days in any continuous
thirty-day period.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
ADULT THEATER
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 by sexual activities.
APPLICANT
The person whose name appears on the application to operate
a sexually oriented establishment or business.
CHILD-ORIENTED BUSINESS
A commercial establishment which, as one of its principal
business purposes, serves and/or sells to children and their families
food, apparels, goods, services, play and/or entertainment.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of a sexually oriented establishment.
ENTERTAINER
A person who provides entertainment within a sexually oriented
establishment, whether or not a fee is charged or accepted for entertainment
and whether or not entertainment is provided as an employee or an
independent contractor.
ESCORT
A person who, 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.
ESCORT AGENCY
A person or business association which furnishes, offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
INSPECTOR
An employee of the Allegheny County Health Department authorized
and designated by Council of the Borough of Verona or an employee
of or other person designated by the Borough of Verona to inspect
premises regulated under this article and to cooperate in taking the
required actions authorized by this article where violations are found
on a premises to request correction of unsatisfactory conditions found
on said premises.
LICENSEE
A person, corporation or partnership in whose name a license
to operate a sexually oriented business or other business within the
Borough of Verona has been issued, as well as the individual listed
as an applicant on the application for a license.
MINOR
A person under 18 years of age.
NUDE MODEL STUDIO
Any place where a person appears seminude, in a state of
nudity or who displays specified anatomical areas and 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 term "nude model studio" shall not include a proprietary
school licensed by the state of Pennsylvania or a college, junior
college or university supported entirely or in part by public taxation;
a private college or university which maintains and operates educational
programs in which credits are transferable to college, junior college
or university supported entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of the structure
and no other advertising that indicated a nude or seminude person
is available for viewing.
B.
Where in order to participate in a class a student must enroll
at least three days in advance of the class.
C.
Where no more than one nude or seminude model is on the premises
at any one time.
OPERATOR
A person, partnership or corporation operating, conducting
or maintaining a sexually oriented establishment.
SEMINUDE
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 and devices.
SEXUAL ACTIVITIES
Does not include any of the following:
A.
Medical publications or films or bona fide educational publications
or films.
B.
Any art or photography publications which devote at least 25%
of the lineage of each issue to articles and advertisements dealings
with subjects of art or photography.
C.
Any news periodical which reports or describes current events
and which from time to time publishes photographs of nude or seminude
persons in connection with the dissemination of the news.
D.
Any publications or films which describe and report different
cultures and which, from time to time publish or show photographs
or depictions of nude or seminude persons when describing cultures
in which nudity or seminudity is indigenous to the populations.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex.
B.
Activities between male and female persons and/or persons of
the same sex when one or more of the persons is in the state of nudity
or seminudity.
SEXUALLY ORIENTED ESTABLISHMENT OR BUSINESS
Includes, without limitation, the following establishments
when operated for profit, whether direct or indirect:
B.
Adult bookstore or adult video store.
D.
Adult motion-picture theaters.
E.
Adult mini motion-picture theaters.
K.
Any premises to which the public, patrons or members are invited
or admitted and which are so physically arranged as to provide booths,
cubicles, rooms, studios, compartments or stalls separate from the
common areas of the premises for the purpose of viewing sexually oriented
motion pictures or where the entertainer provides adult entertainment
of a sexual nature to a member of the public, patron or member.
L.
An adult entertainment studio or any premises that are physically
arranged and used as such, whether advertised or represented as an
adult entertainment studio, exotic dance studio, encounter studio,
sensitivity studio, modeling studio or any other term of like import.
The term "booths, cubicles, rooms, studios, compartments or stalls,"
for purposes of defining sexually oriented establishments, does not
mean enclosures which are private offices used by the owner, manager
or persons employed on the premises for attending to the tasks of
their employment and which are not held out to the public for the
purpose of viewing motion pictures or other entertainment for a fee
and which are not open to persons other than employees.
SEXUALLY RELATED FACILITIES
A business or establishment which offers its patrons services
or entertainment characterized by an emphasis on matter depicting,
describing or relating to specific sexual activities or specified
anatomical areas.
SPECIFIED ANATOMICAL AREAS
Includes:
A.
Less than completely and opaquely covered:
(1)
Human genitals or pubic region.
(3)
Female breasts below a point immediately above the top of the
areola.
B.
Human male genitals in a discernible turgid state, even if opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
C.
Acts of human masturbation, sexual intercourse or sodomy.
D.
Fondling or erotic touching of human genitals, pubic region,
buttocks or female breasts.
E.
Excretory functions as part of or in connection with any of
the activities set forth herein.
SUBSTANTIAL ENLARGEMENT
Of sexually oriented establishment means the increase in
floor areas occupied by the business by more than 25%, as the floor
areas exist on date of enactment of this article, or an addition or
expansion of more than 2,000 square feet.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented establishment, means and includes
any of the following:
A.
The sale or sublease of the business.
B.
The transfer of the securities which constitute a controlling
interest in the business, whether by sale, exchange or similar means.
C.
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.