[Ord. 670, 12/12/2007]
It is the purpose of this District to make special provisions
for office, research and light industrial development in appropriate
areas of the Township. The Light Industrial District classification
is designed: (1) to provide a compatible environment for non-nuisance,
light industrial development which is free from offensive noise, vibration,
smoke, dust, odor, glare, hazard or other objectionable effects and
which is subject to special requirements relating to tract size, low
lot coverage, building placement, landscaping and buffering and (2)
to strengthen and diversify the Township's property tax base.
All uses must be in accordance with all Township, county, state and
federal requirements.
[Ord. 670, 12/12/2007]
1.
Primary Uses Permitted by Right. In any Light Industrial District,
land, buildings or premises shall be used by right only for one or
more of the following, provided that such buildings or use does not
create any substantial hazard or amount of noise, vibration, smoke,
dust, odors, heat, glare, or other objectionable influence, and meets
other requirements of this chapter.
A.
As permitted in Commercial Districts.
B.
Scientific or industrial research, testing or experimental laboratory
or product development.
C.
An office building or offices of an administrative, executive, governmental
or similar agency.
D.
Repair, assembly, distribution and service of the following: home,
commercial and industrial E electrical appliances, supplies and equipment.
Manufacturing, repair assembly, distribution and service of the following:
electrical appliances, supplies and equipment, electric instruments
and devices, such as precision instruments and measuring control devices;
medical, dental, drafting, and similar scientific and professional
instruments; optical goods and equipment, clocks and watches; office
machines and equipment; sporting goods, jewelry; cameras and photographic
equipment other than film, musical instruments, toys and novelties.
E.
Printing, publishing, bookbinding, engraving, lithographing, reproducing,
photofinishing, film processing or similar establishment.
F.
Indoor storage building, warehouse, distribution centers, packaging
and crating.
G.
Township use.
H.
Monument establishment.
I.
Cold storage plans, frozen food plants and lockers, and catering
plants.
J.
Cinema studios, radio and TV stations.
K.
Commercial laundry, laundry services, cleaning and dyeing plants.
L.
General service or contractor's shop, lumber, millwork, carpenter,
cabinet making, furniture repair, light metal working, electrical,
plumbing, roofing or similar shop.
M.
Automobile repair shop, including auto body work and painting.
N.
Mail-order merchandise business.
O.
Manufacture, compounding, assembly, processing, and distribution
of confections, candy, chewing gum and food products (excluding meat,
fish), cosmetics, pharmaceuticals, ink, hat bodies, textiles and hosiery.
P.
Manufacture, compounding, assembly, processing and distribution of
products from the following previously prepared materials: sheet cellophane,
polyethylene and similar material, canvas, cloth, rope, cord, twine,
glass, china, plastic, feathers, felt, fiber, fur, hair (excluding
washing, curling and dyeing), leather, paper, cardboard, ceramics,
textiles, wood (excepting chemical treatment or preservation, rubber
and synthetic processing).
Q.
Commercial greenhouse, nursery, wholesale florist.
R.
All industrial uses which are of the same general character as those
enumerated above shall be permitted.
S.
Crematorium.
T.
Wireless telecommunication towers and antennas (see Part 15).
2.
Adult Use Regulations.
A.
Purpose and Objectives. Because adult entertainment businesses tend to bring with them secondary concerns that impact the health, safety and general welfare of Darby Township, the Township desires to limit the location where such uses may locate to the LI Light Industrial District and to enact provisions designed to minimize the impact of these secondary characteristics on the Township. The Township does not intend to suppress activities protected by the First Amendment of the United States Constitution but instead to address these secondary effects. Neither is it the intent of this § 27-1001, Subsection 2, to condone or legitimize the distribution of obscene material. The purpose of the provisions in § 27-1001, Subsection 2, is to minimize these secondary effects which include difficulties for law enforcement, municipal maintenance, trash, declines in business and residential property values, increased crime, particularly corruption of the morals of minors and prostitution, and which encourage residents to move elsewhere. This section includes permitting requirements for adult entertainment businesses. The Township of Darby has concluded that permitting requirements are a legitimate and reasonable means of accountability to ensure that operators of adult entertainment businesses comply with reasonable regulations and do not knowingly allow their establishments to be used for places of illegal sexual activity or solicitation.
B.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
(1)
(2)
ADULT ENTERTAINMENT BUSINESS
ADULT MOTION-PICTURE THEATER
ESTABLISHMENT
(1)
(2)
(3)
(4)
PLANTED VISUAL SCREEN
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions.
A commercial establishment in which not more than 15% of
the sales floor area is occupied by materials devoted to:
Books, magazines, periodicals or other printed matter, photographs,
motion pictures, video cassettes, slides or other visual representations
which contain or depict material characterized by the depiction or
description of specified sexual activities or specified anatomical
areas; or
Instruments, devices or paraphernalia designed to be used in
connection with specified sexual activities.
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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 characterized as an adult bookstore, adult novelty
store or adult video store. Such other business purpose or inventory
will not serve to exempt such establishments from being categorized
as an adult bookstore, adult novelty store or adult video store so
long as one of its business purposes and activities is the offering
for sale or rental for consideration the materials characterized by
the description or depiction of specified sexual activities or specified
anatomical areas.
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Any of the businesses enumerated in § 27-1001, Subsection 2C.
A motion picture theater where not more than 15% of the movies
or other visual presentations depict or show specified sexual activities
or specified anatomical areas.
This term denotes the following:
The opening or commencement of any sexual oriented establishment
as new business.
The conversion of an existing establishment, whether sexually
oriented or not, to any sexually oriented business.
The addition of any sexually oriented business to any other
sexually oriented business.
The relocation of any sexually oriented business.
A strip of trees or hedges adjacent to the boundary of a
property which, at the time of planting, shall be not less than six
feet high and of sufficient density to constitute an effective visual
screen and thereby give visual protection to abutting properties.
Such screen shall consist primarily of dense evergreens that shall
be planted not farther than seven feet from one another. Such screens
shall be permanently maintained. Deciduous trees may be added to create
interest and variety.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola or human male
genitals in a discernibly turgid state, even if completely covered.
C.
Permitted Uses. The adult entertainment uses listed below shall be
permitted only as a conditional use reviewed by the Board of Commissioners
of Darby Township, subject to the applicable provisions of the Light
Industrial District.
(1)
Adult bookstore, adult novelty store and adult video store,
provided that not more than 16% of the sales floor area shall be devoted
to materials describing or depicting specified sexual activities or
specified anatomical areas.
(2)
Adult motion-picture theater, provided that not more than 15%
of all movies or other filmed productions shall be devoted to showing
or depicting specified sexual activities or specified anatomical areas.
D.
Special Development Regulations.
(1)
All applicable provisions of the supplementary regulations shall
be followed where they do not conflict with the provisions below.
(2)
Signs.
(b)
Signs shall not depict or display any obscene words or graphics.
(c)
The content of signs shall be limited to the name, address and
listing or products or services that the adult entertainment business
provides.
(d)
Illumination of signs shall be directed at the sign only and
shall not be placed so that it casts direct or excessive light on
adjacent or nearby properties, streets or sidewalks.
(e)
Roof signs shall not be permitted on buildings devoted to adult
entertainment uses.
(f)
Not less than two "no loitering" signs shall be prominently
displayed on the exterior of the adult entertainment business or at
other conspicuous locations on the premises. Such signs shall have
an area of not less than two and not more than four square feet.
(4)
Screening.
(a)
There shall be a planted visual screen consisting of evergreen
plantings, which shall be not less than five feet high at the time
of planting.
(b)
The planted visual screen shall be placed inside the property
line and shall constitute an effective visual barrier between the
adult entertainment business and adjacent uses.
F.
Permit Process; Licensing; Revocation. The Building Official, upon
submission of an application to the Township, shall present the applicant
with a building permit for an adult entertainment business as follows:
(1)
In the Light Industrial District, a permit shall be issued only
if the applicant is successful in obtaining conditional use approval
for the proposed type of adult entertainment use, the application
meets all health use and occupancy and or building permits as required
in the pertinent ordinances and their amendments and the location
of said use is in the LI District.
(2)
The application for a permit to operate an adult entertainment
business must be made on a form provided by the Building Official
of the Township. The application must be accompanied by a sketch or
diagram showing the configuration of the premises occupied by the
business. The sketch or diagram need not be professionally prepared
but a least be drawn to a designated scale or drawn with marked dimensions
on the interior and exterior of the premises to an accuracy of plus
or minus six inches.
(3)
The applicant must be qualified according to the provisions
of this section, and the premises must be inspected and found to be
in compliance with all applicable ordinances by the Building Official,
Fire Chief and the police.
(4)
If a person wishes to operate an adult entertainment business
as an individual, he/she must sign the application for a permit as
an applicant. If a person who wishes to operate such 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 an applicant.
If a corporation is listed as owner of an adult entertainment business
or as the entity that wishes to operate such business, each individual
having a direct or indirect interest of 10% or greater in the corporation
must sign the application for permit as an applicant.
(5)
The fact that a person possesses other types of Township permit(s)
does not exempt the person from the requirement of obtaining an adult
entertainment business permit.
(6)
The Building Official shall approve the issuance of a permit
to an applicant within 30 days after the Board of Commissioners awards
the applicant a conditional use permit, but the Building Official
will not approve a permit if the finds one or more of the following
to be true:
(a)
Applicant is under 18 years of age.
(b)
Applicant or applicant's spouse is overdue on his or her
Township taxes, fees, fines or penalties assessed against him or her
in relation to the operation of an adult entertainment business.
(c)
Applicant has failed to provide information required in this
section and reasonably necessary for issuance of the permit or has
falsely answered a question or request for information on the application
form.
(d)
The permit fee required in this section has not been paid or
the permit fees for health, use, occupancy and/or building permits
have not been satisfied.
(e)
Applicant for the proposed use is in violation of or is not
in compliance with any provision of this Part.
(7)
The permit, if granted, shall state on its face the name of
the person to whom it is granted, the expiration date and the address
of the adult entertainment business. The permit shall be posted in
a conspicuous place at or near the entrance of the business so that
it can be read at any time.
(8)
The permit, if granted, shall have an effective duration of
one year from the date of issuance. At that time, the applicant must
file another application before the expiration of the permit in order
to continue doing business without interruption. Application for renewal
must be made at least 30 days before the expiration date. When an
application is made less than 30 days before the expiration date,
the pendency of the application will not prevent the expiration of
the permit. All the regulations of this section must be complied with
as if a new permit is being issued.
(9)
The Building Official, Fire Chief, and the police shall complete
their certification that the premises is in compliance or not in compliance
within 30 days of receipt of the application by the Building Official.
(10)
If the Building Official denies a renewal of a permit, the applicant
shall not be issued a permit for one year from the date of such denial,
except that after 90 days of lapse since the date of denial, the applicant
may be granted a permit if the Building Official finds that the basis
for denial of the renewal permit has been corrected or abated.
G.
Inspection. An applicant or permittee shall permit a representative
of the police, Fire Chief, Building Official or other Township departments
or agencies to inspect the premises of an adult entertainment business
for the purpose of ensuring compliance with this section or other
applicable laws at any time the adult entertainment business is open
for business. These departments/agencies shall certify, in writing,
whether the business is in compliance.
H.
Fees. The annual fee for an adult entertainment business is $1,000.
I.
Suspension of Permit. The Building Official shall suspend a permit
for a period not to exceed 30 days if he or she determines that a
permittee or an employee of the permittee has:
(1)
Violated or is not in compliance with any provision of this
section or the Zoning Ordinance.
(2)
Engaged in excessive use of alcoholic beverages while on the
premises of the adult entertainment business.
(3)
Refused to allow an inspection of the adult entertainment business
as authorized by this section.
J.
Revocation of Permit.
(1)
The Building Official shall revoke a permit if a cause of suspension
set forth in Subsection I above has occurred and the permit has been
suspended within the preceding 12 months.
(2)
The Building Official shall also have the power to revoke a
permit if he determines that:
(a)
A permittee or any of the persons specified has given false
or misleading information or materials to the Township during the
application process.
(b)
A permittee or employee has knowingly allowed prostitution on
the premises, as defined by the Pennsylvania Crime Codes.
(c)
A permittee or employee of the permittee knowingly operated
the adult entertainment business during a period of time when the
permittee's permit was suspended or revoked.
(d)
A permittee or employee of the permittee knowingly allowed any
action of sexual intercourse, sodomy, oral copulation, masturbation
or other sexual conduct to occur on the permitted premises.
(e)
A permittee is delinquent in the payment of Township or state
taxes or fees.
(3)
When the Building Official revokes the permit, the revocation
shall continue for one year and the permittee shall not be issued
an adult entertainment business permit for one year from the date
that the revocation became effective. If subsequent to the revocation,
the Building Official determines that the basis for the revocation
has been corrected or abated, the applicant may be granted a permit
if at least 90 days have elapsed since the date the revocation became
effective.
(4)
After denial of an application or denial of a renewal of an
application or suspension or revocation of a permit, the applicant,
licensee or permittee may seek prompt judicial review of such administrative
action in any court of competent jurisdiction.
K.
Transfer of Permit. A permittee shall not transfer his permit to
another person or business entity nor shall a permittee operate an
adult entertainment business under the authority of a permit at any
place other than the address designated within the application.
L.
Injunction. A person who operates or causes to be operated an adult
entertainment business without a valid, permit or in violation of
this section is subject to an action in equity or a suit for injunction,
as well as citations for violations of the Zoning Ordinance.
M.
Violations and Penalties. For any and every violation of this section,
the permittee, owner, tenant, general agent, managing company, realtor
or contractor of a building or premises where such violation has been
committed or shall exist, and the lessee or tenant of any building
or premises in which such violation has been committed or shall exist,
and the owner, permittee, general agent or contractor, lessee or tenant
of a building or premises in which part such violation has been committed
or shall exist, and the owner, permittee, lessee, general agent, architect,
builder, realtor, contractor or any other person who knowingly commits,
takes part, or assists in any such violation or maintains any building
or premises in which any such violation shall exist shall be liable,
upon conviction, to a fine or penalty not exceeding $600. Such fine
shall be paid to the Township of Darby. In default of payment thereof,
the District Justice may, at his discretion, commit the offender to
prison in the county jail for a period not exceeding 30 days for each
and every offense. Whenever such person shall have been officially
notified by the Township of Darby or by service of a summons in a
prosecution or in any other official manner that he is committing
a violation, each day's continuance of such violation shall constitute
a separate offense punishable by like find or penalty.
3.
Accessory Uses Permitted by Right.
A.
Accessory uses on the same lot with and customarily incidental to any of the uses permitted in the district, including signs, off-street parking facilities, living quarters for watchmen, and restaurant or cafeteria facility for employees and occupants of the permitted use; subject, however, to such safeguards as are necessary to insure that any such use shall comply with the requirements of § 27-1001, Subsection 20, and shall not be detrimental to the surrounding area.
6.
Area and Bulk Standards. The following regulations shall be observed
with regard to individual tracts or parcels within the LI Light Industrial
District:
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Minimum Lot Area
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1/2 acre
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Minimum Lot Width
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100 feet
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Minimum Frontage
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35 feet
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Minimum Front Yard Setback
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20 feet
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Minimum Side Yard Setback
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20 feet each yard
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Minimum Rear Yard Setback
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25 feet
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Maximum Building Coverage
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40%
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Maximum Impervious Coverage
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70%
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Maximum Height
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35 feet
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7.
Occupancy Permit. When an approval or a permit is required from a
state or federal agency, then such approval or permit (or a certified
copy of same) shall be filed with the Township before the issuance
of an occupancy permit.
8.
Sewerage. The applicant shall provide the Township with a DEP permit
or other proof acceptable to the Township that the waste products
of the light industrial use will be acceptable for introduction into
the municipal sanitary sewer system.
