[Amended 9-8-1977 by Ord. No. 481; 5-11-1980 by Ord. No. 504; 12-10-1992 by Ord. No. 581]
[Amended 7-8-2004 by Ord. No. 683]
The I Industrial District is designed to provide for attractive non-nuisance industrial development which would not create undue adverse impact on traffic or environmental quality. Further, this District is intended to provide opportunity for permitted adult entertainment uses. The uses are permitted with specialized standards designed to minimize the impact of their secondary impacts. In the I Industrial District, the following regulations shall apply.
A building may be erected, altered or used and a lot or premises may be used for any lawful purpose, including any use permitted in R-3a Residence Districts and mobile homes and mobile home parks, except for the purposes set forth in Subsection A below or any purpose substantially similar to any thereof:
A. 
Permitted uses:
[Amended 7-8-2004 by Ord. No. 683]
(1) 
Research, engineering or testing laboratories.
(2) 
Office building or office.
(3) 
Continuing care retirement community.
(4) 
Packaging of products, final assembly, repair and distribution of premanufactured products, including printed products, communication equipment, optical goods, jewelry, time pieces, musical instruments, toys, cosmetics, tobacco products, drugs and the like.
(5) 
Printing, publishing, book binding or similar establishments.
(6) 
Light metal processes, including metal finishing, grinding, polishing and heat treatment, metal cutting and extrusion of small products (such as costume jewelry and pins); assembly and manufacture of radio and television receivers; manufacture of light machinery (such as business machines).
(7) 
Indoor storage building or warehouse, to include warehousing known as “ministorage,” consisting of multiple warehouses which are either leased or sold; bottling establishment.
(8) 
Governmental or public utility use or building.
(9) 
An industrial park designated to accommodate or comprise of a group of any of the industrial uses permitted in this District.
(10) 
Communications antennas mounted on an existing public utility transmission tower, building or other structure and communications equipment buildings arid the erection of new antenna support structures in accordance with § 300-138.1 et seq.
(11) 
Any use of the same general character as any of the uses herein before specifically permitted, when authorized as a special exception pursuant to § 300-122C and D.
(12) 
Any use permitted in a C Commercial District.
(13) 
Open space for passive or active recreation.
(14) 
Medical marijuana dispensaries.
[Added 1-13-2022 by Ord. No. 836]
(15) 
Medical marijuana growers/processors.
[Added 1-13-2022 by Ord. No. 836]
(16) 
Significant tobacco retailers.
[Added 1-13-2022 by Ord. No. 836]
(17) 
Vape shops.
[Added 1-13-2022 by Ord. No. 836]
B. 
Such accessory uses on the same lot as are customarily incidental to any of the above permitted uses and not detrimental to the neighborhood are permitted, which uses may include:
(1) 
A cafeteria or other service facility located within the building and operated for the exclusive use of the occupants of the building.
(2) 
A recreational area for occupants.
(3) 
Living quarters for a watchman, caretaker or similar security employee.
(4) 
Signs as permitted by the Code of Nether Providence Township in the C Commercial District.
C. 
Residential uses as permitted in R-3a Residence Districts shall be in accordance with all the provisions of Article VII of the Township Zoning Ordinance, as amended from time to time.
D. 
Commercial uses as permitted in the C Commercial Districts shall be in accordance with all the provisions of Article XIV of the Township Zoning Ordinance, as amended from time to time.
E. 
Professional office uses as permitted in the P-O Professional Office Districts shall be in accordance with all the provisions of Article XV of the Township Zoning Ordinance, as amended from time to time.
F. 
Mobile homes and mobile home parks shall be erected and constructed only in accordance with the area and setback requirements of Article VII of the Township Zoning Ordinance, as amended from time to time, and in accordance with the special requirements of the Nether Providence Subdivision Ordinance pertaining to mobile homes and mobile home parks.[2]
[2]
Editor's Note: See Ch. 289, Subdivision and Land Development.
G. 
Conditional uses.
[Added 1-16-1997 by Ord. No. 605]
(1) 
Subject to the provision for uses found in Article XXIII and in particular those contained in § 300-141A(2) (which any other zoning district in Nether Providence Township), these conditional uses are permitted:
(a) 
Adult arcades.
(b) 
Adult bookstores, adult novelty stores or adult video stores.
(c) 
Adult cabarets.
(d) 
Adult motion-picture theaters.
(e) 
Adult theaters.
(f) 
Escort agencies.
(g) 
Nude model studios.
(h) 
Sexual encounter centers.
(2) 
As used herein in this subsection, the following terms shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one 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 NOVELTY STORE 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, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
[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 an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store, so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of 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 a state of nudity or seminudity; or
(b) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(c) 
Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concern, hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
EMPLOYEE
A person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.
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 who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
(a) 
The opening or commencement of any sexually oriented business as a new business;
(b) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(c) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(d) 
The relocation of any sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who 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. "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 a college, junior college or university supported entirely or partly by taxation; a community art center recognized as tax exempt under the provision of § 501(c)(3) of the Internal Revenue Code; or in a structure:
(a) 
That has no sign visible from the exterior of the structure and no other advertising that indicates 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.
NUDITY or STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernible turgid state.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMINUDE or SEMINUDE CONDITION
The state of dress in which clothing partially or opaquely covers specified anatomical areas.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(a) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(a) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(b) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
(c) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections (a) and (b) above.[3]
[3]
Editor's Note: Former Subsection H, Towers; cellular and wireless towers; facilities and equipment, added 1-16-1997 by Ord. No. 604, which immediately followed this subsection, was repealed 6-10-1999 by Ord. No. 635. See now § 300-138.1.
[1]
Editor's Note: Former Sections 902, 903, 904, 905, 906 and 907, which dealt with area and yard requirements, were deleted 12-10-1992 by Ord. No. 581.
[Added 7-8-2004 by Ord. No. 683]
A. 
Minimum lot area: two acres for each principal permitted use.
B. 
Maximum building coverage: 40%.
C. 
Maximum impervious surface: 60%.
D. 
Minimum width of each side yard: 50 feet.
E. 
Minimum depth of front and rear yards: 50 feet.
F. 
Maximum building height: 40 feet, in accordance with general height restrictions at § 300-128, except as provided in § 300-138.1 relative to cellular towers.
[Amended 8-10-2006 by Ord. No. 711]
G. 
Minimum lot width at building line: 150 feet.
H. 
Minimum lot width at street line: 150 feet.