[HISTORY: Adopted by the Borough Council of the Borough of Sayre 7-20-1992
by Ord. No. 694. Amendments noted where applicable.]
The Borough Council finds that:
A.
There has been an establishment of an adult bookstore
in a municipality close to the Borough of Sayre and inquiries to locate an
adult bookstore in Sayre Borough.
B.
A concentration of such adult bookstores can cause a
deleterious effect on the aesthetics and economics of the areas in which these
uses are located.
C.
In order to prevent the deterioration of communities
and neighborhoods in the Borough of Sayre and to provide for the orderly,
planned future development of the borough, in addition to existing zoning
regulations,[1] certain additional special regulations are necessary to ensure
that these adverse effects will not continue to contribute to the blighting
and downgrading of surrounding neighborhoods.
D.
For the purpose of controlling the concentration of certain
uses, special regulations relating to the location of these uses are necessary.
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment having a substantial or significant portion of its
stock-in-trade, books, magazines and other periodicals distinguished or characterized
by their emphasis on matter depicting, describing or related to specified
sexual activities or specified anatomical areas or an establishment with a
segment or section devoted to the sale or display of such material and/or
rental of said material, including but not limited to videotapes.
An enclosed building with a capacity for less than 50 persons used
for presenting material distinguished or characterized by an emphasis on matter
depicting, describing or related to specified sexual activities or specified
anatomical areas for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons used for
presenting material distinguished or characterized by an emphasis on matter
depicting, describing or related to specified sexual activities or specified
anatomical areas for observation by patrons therein.
An adult club, restaurant, theater, hall or similar place which features
topless dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers exhibiting specified anatomical areas
or performing specified sexual activities.
Any retail store selling paraphernalia commonly related to the use
of any drug or narcotic of which the sale, use or possession is subject to
the provisions of the Controlled Substance, Drug, Device and Cosmetic Act,
April 14, 1972, P.L. 233, No. 64, 51 et seq., 35 P.S. § 780-101
et seq., including but not limited to water pipes, pipe screens, hashish pipes,
roach clips, coke spoons, bongs and cigarette rolling paper, except that this
shall not be deemed to include the sale of cigarette rolling paper by a store
that also sells loose tobacco or the sale by prescription of implements needed
for the use of prescribed drugs or narcotics.
The following uses are designated as regulated uses:
A.
No regulated use shall be permitted:
(1)
Within 1,000 feet of any other existing regulated use.
(2)
Within 1,000 feet of any existing residential property
or any of the following residentially related uses:
(a)
Churches, chapels, convents, rectories, religious article
or religious apparel stores.
(b)
Schools, up to and including the 12th grade, and their
adjunct play areas, including vocational schools.
(c)
Public playgrounds, public swimming pools, public parks
and public libraries.
(d)
All other public buildings and offices.
B.
For the purposes of this section, spacing distances shall
be measured as follows:
All regulated uses shall be permitted to have signs and visible messages
based on the allowable sign area of the zoning district in which they are
located, provided that:
B.
Other visible messages. Messages which are visible or
intended to be visible from outside the property (such as on or within doors
or windows) shall not display material, items, publications, pictures, films
or printed material available on the premises; or pictures, films or live
presentation of persons performing or services offered on the premises.
