The purpose and intent of this district is to provide reasonable
standards for the orderly development of light manufacturing uses
and such other uses as are related or accessory thereto; to establish
reasonable standards for buildings and other structures, including
lot areas and dimensions of yards and other open spaces; and to ensure
that facilities and industries operate in a manner which will minimize
air pollution, noise, glare, heat, vibration, and fire and safety
hazards. The Light Manufacturing District is intended to permit and
encourage industrial development that will be so located and designed
as to constitute a harmonious and appropriate part of the physical
development of the Township and contribute to the soundness of the
economic base of the Township.
[Amended 8-18-1992 by Ord. No. 92-8; 3-23-1999 by Ord. No. 99-03; 10-2-2001 by Ord. No. 01-13; 11-13-2001 by Ord. No. 01-17]
A.
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other, provided that no use which is noxious or hazardous shall be permitted except in accordance with Article XXV of this chapter.
(1)
Agriculture and horticulture on a minimum lot area of five acres.
(2)
Municipal building or recreation facility.
(3)
Dwelling quarters in combination with a permitted use for watchmen
or caretakers employed on the premises.
(4)
Professional, business or government offices.
(5)
Research, testing or experimental laboratory.
(6)
Public utility operating facility, which may occupy no more
than 10% of the property upon which it is located.
(7)
Manufacturing, including the production, processing, cleaning,
testing and distribution of materials, goods, foodstuffs and products.
(8)
Wholesale storage, warehousing and wholesale businesses engaged
in the sale of commodities in quantity exclusively to retailers, other
businesses or industrial, institutional and commercial customers for
resale or business use only.
(9)
Amusement and recreational establishments or athletic facilities,
provided that these uses are limited to indoors or within the confines
of a fully enclosed building.
(10)
Industrial parks, which shall be a combination of lots for permitted
light manufacturing uses on a site of 10 or more acres. Such parks
shall be planned developments of light manufacturing uses and related
uses, which shall include improvements for internal streets, coordinated
utilities, landscaping and buffering.
(11)
General airport facilities, including accessory sales, services
and rentals, when authorized as a conditional use by the Board of
Supervisors, subject to the following:
(a)
Such use shall only be permitted as part of an industrial park
which is 50 acres or more in size.
(b)
Such use shall be approved and authorized by the Federal Aviation
Administration and the Pennsylvania Department of Transportation,
Bureau of Aviation, and shall comply with all applicable federal and
state requirements.
(12)
Printing, publishing, binding.
(13)
Contracting offices and shops, such as building, concrete, electrical,
heating, masonry, painting and roofing.
(14)
Trucking yard or terminal; packing and crating; express, carting
or hauling station. Truck terminals shall be licensed by the Public
Utilities Commission. Such use shall be located no closer than 500
feet to a residential district. Trucks with compressors running 24
hours a day shall be located within a quadrangle of buildings or walls
and surrounded by a landscaped earthen berm.
(15)
Lumberyard, where lumber products are sold or processed. This
principal use may be combined with a planing mill.
(16)
Planing mill, where wood products are sold or processed to finish
items such as siding, trim, etc. This principal use may be combined
with a lumberyard.
(17)
Fuel storage and distribution, including the storage and distribution
of fuel oil or coal. Approval shall be secured from the Pennsylvania
State Police Fire Marshal for the underground storage of fuel.
(18)
Mini warehouse when authorized by the Zoning Hearing Board as
a special exception, provided that the following requirements shall
be met:
(a)
No outdoor storage shall be permitted.
(b)
The storage facilities complex shall be surrounded by a fence
at least eight feet in height of a type approved by the Township.
(c)
Minimum aisle width between buildings shall be 26 feet.
(d)
One office and one dwelling unit are permitted as accessory
uses.
(e)
Approval shall be obtained from the Township Police Chief and
Fire Marshal regarding security and fire protection.
(f)
Each structure shall not exceed 6,000 square feet in size.
(h)
Parking. One off-street paving space for each 2,000 square feet
of gross floor area of storage. These parking spaces should be distributed
equally throughout the storage facility. In addition, one off-street
paving space for each 10,000 square feet of gross floor area of storage
shall be provided at the project office for use by prospective clients.
(19)
Truck repair shop for vehicles with a gross weight of more than
14,000 pounds.
(20)
Adult commercial use in a building or structure with more than
75 square feet of floor area or 2% of the total floor area, whichever
is less, devoted to activities of the type which are prescribed by
18 Pa.C.S.A. § 5903. An adult commercial use shall be permitted
when authorized by the Zoning Hearing Board as a special exception,
provided that:
(a)
The building or structure of such use shall be located no less
than 500 feet from any residential use or district, public or private
school, church, recreation facility or any other religious, institutional
or educational use.
(b)
No such use shall be located within 2,000 feet of a similar
use.
(c)
No materials sold within shall be visible from any window, door
or exterior of the building or structure.
(d)
No person under the age of 17 years of age shall be permitted
to patronize an adult commercial use or be sold any pornographic material.
(21)
Temporary or transient businesses which utilize outdoor display
of any goods, wares or merchandise offered for sale by said business;
provided, however, said use shall comply with the following regulations:
(a)
Said business shall have a current Middletown Township temporary or transient business license, and the conduct of said business shall be in compliance with the applicable terms and conditions of the Middletown Township Peddling and Solicitation Ordinance (Chapter 345).
(b)
Said business shall not be permitted on premises fronting on
or adjacent to any expressways or arterial streets.
(c)
Said business shall provide at least one off-street parking space for each 50 square feet of gross outdoor display area in addition to the off-street parking space requirements pursuant to Article XXVII.
(d)
No part of the outdoor display shall occupy any portion of the
street right-of-way, sidewalks or other areas intended or designed
for pedestrian use, required parking areas, or the required front,
side or rear yards.
(e)
The outdoor display area shall occupy an area of less than 1/3
of the existing building coverage.
(22)
Emergency services, including fire, rescue and other emergency
services of a municipal or volunteer nature.
(23)
Accessory uses on the same lot with and customarily incidental
to any of the above permitted uses.
(25)
Any use of the same general character as any of the above permitted
uses when authorized as a conditional use by the Board of Supervisors.
(26)
Automobile painting, bodywork or automobile repair. All repair
and paint work shall be performed within a closed building. All automobile
parts, refuse and similar articles shall be stored within a building
or fully enclosed area.
(27)
Personal service establishment, provided that:
(a)
It shall be unlawful to establish a personal service establishment
within 1,000 linear feet of:
(b)
For purposes of this chapter, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building or structure used as a part of the premises where a personal service establishment is conducted to the nearest property or boundary line, whichever is closer, of the premises enumerated in Subsection A(27)(a)[1] through [6] of this section.
(28)
Forestry/timber harvesting, pursuant to the regulations set forth in § 500-402M of this chapter.
(29)
Quarry, including extractive operations for sand, clay, shale,
gravel, topsoil, stone and similar operations, including borrow pits
(excavations for removing material for filling operations), when authorized
by the Zoning Hearing Board as a special exception, provided that
the following requirements shall be met:
(a)
No extraction shall be conducted on a lot area less than 25 acres. No extraction shall be conducted closer than 200 feet to the boundary of any district in which extraction is permitted, nor closer than 300 feet from the center line of any street, nor closer than 400 feet to the point of intersection of the center lines of two streets. The setback area shall not be used for any other use in conjunction with extraction except access streets, berms, screening, landscaping and signs. Except where a railroad is a district boundary line, there shall be a berm of average height of 15 feet and maximum height of 50 feet. The slope of the sides of the berm shall not exceed a 1:1 ratio. Berms shall be planted and seeded and erosion control measures shall be taken as may be approved by the United States Natural Resources Conservation Service. Planting and berms shall begin at a point no closer to a street than the ultimate right-of-way line. No berm shall be constructed closer than 50 feet to a district in which extraction is not permitted. The Township may require additional planting pursuant to the standards of § 500-2605 of this chapter.
(b)
A chain-link fence at least 10 feet in height, surmounted by
three strands of barbed wire, shall be required within the setback
area at a point no closer than the ultimate right-of-way line, to
be maintained in a constant state of good repair. Appropriate warning
sings shall be mounted or posted along the fence at intervals of not
more than 100 feet.
(c)
An adequate internal circulation pattern of streets shall be maintained between the excavation sites and processing areas. Use of public streets shall not be permitted for hauling between extractive and processing areas except where required in connection with such pattern or for access of vehicular traffic originating from or destined to points beyond the limits of such excavation sites and processing areas. Access shall be regulated in accordance with the Township Subdivision and Land Development Ordinance (Chapter 440).
(d)
No slope shall be maintained exceeding the normal limiting angle
of slippage of the material in which the excavation or extraction
is being made. No undercutting shall be permitted within the setback
area except for tunnels to provide transportation of materials between
extractive and processing areas.
(e)
All operations shall be conducted with sufficient lateral support
to be safe with respect to hazard to persons, physical damage to adjacent
lands or improvements, or damage to any street, sidewalk, parking
area or utility by reason of slide, sinking or collapse.
(f)
Stockpiles shall not exceed 100 feet in height and shall not
be located closer than 200 feet to any district boundary line nor
closer than 300 feet to the center line of any street except where
a railroad is the district boundary line or where the contiguous district
is a district in which extraction is permitted. All reasonable precautions
shall be taken to prevent any materials or wastes deposited upon any
stockpile from being washed, blown or otherwise transferred off the
site by normal causes or forces.
(g)
All drainage from the site of extractive operations shall be
controlled by dikes, barriers or drainage structures sufficient to
prevent any silt, debris or other loose materials from filling any
existing drainagecourse or encroaching on streets and adjacent properties.
(h)
No ground vibration caused by blasting or machinery shall exceed
the limits established by the Act of July 10, 1957, P.L. 685, as amended,
73 P.S. §§ 164 and 165, and the rules and regulations
adopted thereunder, with the exception that no blasting shall cause
a peak particle velocity greater than one inch per second, measured
at any property line or at the center line of any street.
(j)
Off-street parking spaces shall be provided as the Township
Board of Supervisors and Planning Commission shall determine as adequate
to serve customers, employees, visitors and vehicles normally parked
on the premises.
(k)
Excavations shall be graded and backfilled to the grades indicated
by the site plan. Grading and backfilling shall be accomplished continually
and as soon as practical after excavation. Grading and backfilling
may be accomplished by the use of waste products of the operation
or other clean fill materials, providing such materials are composed
of nonnoxious, noncombustible solids.
[1]
When excavations that provide for a body of water
are part of the final use of the tract, the bank of excavation shall
be sloped to a minimum ratio of seven feet horizontal to one foot
vertical, beginning at least 50 feet from the edge of the water and
maintained into the water to a depth of five feet.
[2]
Drainage, either natural or artificial, shall be
provided so that disturbed areas do not collect water or allow stagnant
water to remain.
(l)
Hours of operation. No blasting shall occur between the hours
of 6:00 p.m. and 7:00 a.m.; no blasting shall occur on Saturday or
Sunday.
(m)
Rehabilitation and conservation requirements.
[1]
The owner, operator, lessee of any extractive operation
shall, at the time of application for a zoning permit, submit to the
Township its reclamation plan as submitted to the Pennsylvania Department
of Environmental Protection. No permit shall be issued where said
reclamation plan provides for quarrying in areas of the site not permitted
by this subsection.
[2]
Along with said plan, the applicant shall include
a timetable for the reclamation proposed for the site in general with
an actual timetable for reclamation of slopes as may be found reasonable
by the Zoning Hearing Board within the setback areas.
[3]
Owner, lessee or operator of any extraction operation
within the municipality shall, within six months from the date of
this subsection or receipt of a zoning permit authorizing said extraction
operation, whichever is the later, submit a plan which shall include
descriptions and plans for suitable after-conditions or after-uses
for all the land affected.
[5]
Rehabilitation shall commence within one year following
completion or the discontinuance for a period of one year of any extractive
operation (or the completion of the excavation of a portion of an
entire operation which can feasibly be restored separately from other
portions of the operation and which is not necessary to the operation).
Such rehabilitation shall be completed within five years from the
date rehabilitation commenced, except where a longer period of time
is specifically authorized as part of the rehabilitation program.
[6]
Rehabilitation shall include removal of all debris,
temporary structures and stockpiles.
[7]
A layer of arable soil of sufficient depth to sustain
grass, shrubs and trees shall be provided in those parts of the operation
where feasible to do so. Grass, shrubs and trees native to their area
shall be planted thereon within six months after the providing of
arable soil.
[8]
Where the extraction operations are to be filled
as part of the rehabilitation process, no material shall be used for
fill purposes other than earth, stone, sand, concrete or asphalt.
[9]
Water accumulation upon the site may be retained
after the completion of such operations where the excavation cannot
be reasonably drained by gravity flow, provided that adequate provision
shall be made to avoid stagnation, pollution and the danger of improperly
controlled release of such waters from the site.
[10]
Upon receipt of the rehabilitative plans, the
Township shall review the plans to ensure compliance with all provisions
of this performance standard. Upon approval thereof, the Township
shall issue a certificate indicating approval of the plans as submitted
or amended, and the approved plans should be permanently filed in
the official records of the Township.
[11]
Plans may be amended from time to time by approval
of the Township upon application of the owners.
[12]
A performance bond may be required by the Township
in an amount determined by the Township to be sufficient to ensure
the rehabilitation of the affected site in accordance and compliance
with the standards for the issuance of any original permit or annual
renewal permit in accordance with the provisions of the plan of rehabilitation
as submitted pursuant to this subsection, if the bond posted with
the Commonwealth of Pennsylvania Department of Environmental Protection
or other agency is not kept in force or if the Township is not named
therein. The Township may require that the bond posted with any state
agency may not be withdrawn or reclaimed without Township approval.
With the approval of the Township, and for such period or periods
as may be specified, an owner may be permitted to post his own bond
without corporate surety.
(30)
Bituminous asphalt and ready-mix concrete use accessory to quarry
use. A bituminous asphalt plant shall be a plant or operation which
has as its primary function the mixing of rock materials with asphalt
oils or other binders for road building or construction purposes.
A ready-mix concrete plant shall be a plant or operation which has
as its primary function the mixing of materials to make concrete.
Such uses shall be permitted when authorized by the Zoning Hearing
Board as a special exception, provided that:
(a)
Bituminous asphalt and ready-mix concrete plants shall be permitted only as accessory uses to use in Subsection A(29), Quarry.
(b)
In addition to the requirements of use in § 500-1902A(29), bituminous asphalt and ready-mix concrete plants shall be subject to the following requirements:
[1]
The use must comply with the front, rear and side
yard, minimum lot area, maximum building height and impervious surface
area requirements of the district in which the use is proposed.
[2]
The applicant must demonstrate that the use proposed
will comply with all permit requirements of the Pennsylvania Department
of Environmental Protection or any other commonwealth or federal governmental
agency which regulates such use.
[3]
A buffer area shall be established in accordance with the conditions imposed upon the granting of special exception approval which is sufficient to adequately screen the lawful permitted use from other uses in the vicinity. The buffer area shall be in accordance with § 500-2605 of this chapter and shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use, including, but not limited to, noise, dust, vibration, odor, illumination, visual effects and the like.
[4]
An applicant for a special exception for a bituminous
asphalt and/or ready-mix concrete plant accessory to a quarry use
may be required by the zoning hearing board of the township in which
the application is filed to submit an environmental impact assessment
report.
(31)
Adult business, subject to the following requirements:
[Added 5-20-2008 by Ord. No. 08-05]
(a)
Purpose. It is the purpose of this section to address the negative impacts associated with adult or sexually oriented businesses as identified in the legislative findings made in connection with the adoption of Chapter 120, Adult Businesses, of the Code of Middletown Township, to reduce or prevent neighborhood blight, to protect and preserve the quality of the Township's neighborhoods and commercial districts, to protect the Township's retail trade, to maintain property values, to protect and preserve the quality of Township life, to reduce the incidence of unlawful activity and to promote the health, safety, moral and general welfare of the citizens of the Township. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to adult-oriented materials protected by the First Amendment of the United States Constitution or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor the effect of this section to condone or legitimize the distribution of obscene material.
(b)
Definitions.
[1]
ADULT ARCADE
ADULT BOOKSTORE
ADULT BUSINESS
ADULT BUSINESS OPERATOR
ADULT BUSINESS OWNER
ADULT CABARET
ADULT ENTERTAINMENT ENTERPRISE
ADULT ENTERTAINMENT ROOM
ADULT HOTEL/MOTEL
ADULT MODELING STUDIO
ADULT MOTION-PICTURE THEATER
ADULT VISUAL MATERIALS OR VIDEO STORE
APPLICANT
BAR
CODE ENFORCEMENT OFFICER
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
EMPLOYEE
ENTERTAINER
OPERATE AN ADULT BUSINESS
PERMITTEE
PERSON
REGULARLY FEATURES
SEMINUDE
SPECIFIED ANATOMICAL AREAS
[a]
[b]
[c]
SPECIFIED SEXUAL ACTIVITIES
[a]
[b]
[c]
[d]
[e]
For purposes of this subsection, unless the context
clearly requires a different meaning, the words, terms and phrases
set forth herein shall have the meanings given them in this section:
Any place to which the public is permitted or invited wherein
coin-operated or club-operated or electronically, electrically or
mechanically controlled still- or motion-picture or video machines,
projectors 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, as defined herein.
An establishment having as a substantial significant or preponderant
portion of its stock in matter which is distinguished or characterized
by its emphasis on content depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined herein.
Any adult or sexually oriented business, including any business
establishment that regularly features live performances which are
distinguished or characterized by an emphasis on the exposure of the
genitals or buttocks of any person or the breasts of any female person
or specified sexual activities that involve the exposure of the genitals
or buttocks of any person or the breasts of any female person, or
any business whose primary purpose is the sale or display of matter
that, because of its sexually explicit nature, may, pursuant to state
law or other regulatory authority, be offered only to persons over
the age of 18 years. "Adult business" may include an adult arcade,
adult bookstore, adult cabaret, adult hotel/motel, adult motion-picture
theater, adult visual materials or video store, adult modeling studio
or adult entertainment enterprise, as defined herein.
A person who supervises, manages, inspects, directs, organizes,
controls or in any other way is responsible for or in charge of the
premises of an adult business or the conduct or activities occurring
on the premises thereof.
A person or persons who hold a financial or other business
interest, in whole or in part, either singly or jointly, in an adult
business. For purposes of this section, indicia of ownership may be
established by evidence, including, but not limited to, business license
information, fictitious business name registration, utility billing
information or by other competent evidence. For purposes of this section,
the person whose name appears on the business license or permit application
as the business owner shall be deemed to be the adult business owner.
A building or portion thereof or area regularly featuring
the presentation or exhibition of live performers whose performances
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as hereinafter defined, or whose performances are
rendered in a state of dress so as to expose the female breast below
a point immediately above the top of the areola, male or female genitals,
pubic areas, buttocks or the female breast with only the nipple and
areola covered, or any combination thereof, for observation by patrons
or customers.
Any business activity wherein is furnished for a fee or charge
or other like consideration the opportunity to paint, feel, handle,
touch, be in the presence of, be entertained by, be painted by, felt
by or touched by the unclothed body or the unclothed portion of the
body of another person, or to observe, view or photograph such activity;
or a fee or charge or like consideration is paid or received for goods
sold or services rendered by or in the presence of one or more persons
with an unclothed body or an unclothed portion of the body. "Adult
entertainment enterprise" shall include, but not be limited to, the
following business activities: adult or nude encounter studios, adult
or nude dance studios, nude exhibitions, peep shows, wrestling centers,
adult or nude art or photography studios, and business activities
similar thereto. "Unclothed portion of the body" shall mean state
of dress so as to expose the female breast below a point immediately
above the top of the areola, male or female genitals, pubic areas,
buttocks or female breast with the nipple and areola covered.
Any room of an adult entertainment establishment which constitutes
an adult cabaret, adult motion-picture theater, adult entertainment
enterprise or adult theater or adult visual materials store pursuant
to this section.
A hotel or motel or similar business establishment offering
public accommodations for any form of consideration, which provides
patrons with closed-circuit television transmissions, films, computer-generated
images, motion pictures, videocassettes, slides or other photographic
reproductions, 30% or more of the number of which are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas, as hereinafter
defined, and rents, leases or lets any room for less than a six-hour
period or rents, leases or lets any single room more than twice in
a twenty-four-hour period.
A business which provides, for any form of compensation,
monetary or other consideration, hire or reward, figure models who,
for the purposes of sexual stimulation of patrons, display specified
anatomical areas, as hereinafter defined, to be observed, sketched,
photographed, painted, sculpted or otherwise depicted by persons paying
such consideration. "Modeling studio" does not include schools maintained
pursuant to standards set by the State Board of Education. "Modeling
studio" further does not include a studio or similar facility owned,
operated or maintained by an individual artist or group of artists
and which does not provide, permit or make available specified sexual
activities, as hereinafter defined.
A building or portion thereof or area, open or closed, used
for the presentation on more than 1/3 of the days in a calendar year,
during which motion-picture films, videocassettes, cable television
or any other such visual media are displayed or exhibited of films,
videocassettes, cable television or other visual media which are distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas,
as hereinafter defined, for observation by patrons or customers. "Adult
motion-picture theater" does not include any room or suite of rooms
rented for human occupancy in a hotel or motel which is equipped or
furnished with a videocassette-playing machine or cable television,
unless such hotel or motel is determined to be an adult hotel/motel
as defined herein.
A building or portion thereof used by an establishment having
not less than 30% of its actual display area devoted to or its stock-in-trade
for sale or rental to the public any segment thereof consisting of
books, magazines, other publications, films, videocassettes or any
combination thereof which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined hereinafter.
A person who is required to file an application for permit
under this section, including an individual owner, managing partner,
officer of a corporation or any other operator, manager, employee
or agent of an adult business.
Any commercial establishment licensed by the State Liquor
Control Board to serve any alcoholic beverages on the premises.
The person responsible for ordinance enforcement functions
within the jurisdiction of the Township, including, but not limited
to, responsibility for administration and enforcement of the provisions
of this subsection.
The dominant or essential theme of the object described by
such phrase.
Every owner, partner, manager, supervisor, performer or other
worker, whether paid or not, who renders services of any nature in
the conduct of an adult business establishment. For purposes of this
subsection, it shall be a rebuttable presumption that every person
who renders services of any nature in the conduct of an adult business
is an employee of the adult business.
Any person who is an employee or independent contractor of
the adult business or any person who, with or without any compensation
or other form of consideration, performs live entertainment for patrons
of an adult business.
The supervising, managing, inspecting, directing, organizing,
controlling or in any way being responsible for or in charge of the
conduct of activities of an adult business or activities within an
adult business.
The person to whom an adult business permit is issued.
Any individual, firm association, partnership, coparty, corporation,
limited liability corporation, joint-stock company, joint venture
or combination of the above in whatever form or character.
With respect to an adult business, means a regular, substantial
course of conduct. The presentation, in or at any building or portion
thereof, of live performances which are distinguished or characterized
by an emphasis upon the display of specified sexual activities or
specified anatomical areas, as hereinafter defined, on two or more
occasions within a thirty-day period; three or more occasions within
a sixty-day period; or four or more occasions within a one-hundred-eighty-day
period shall, to the extent permitted by law, be deemed to be a regular
and substantial course of conduct.
A state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola of the female breast, as
well as portions of the body covered by supporting straps or devices,
such as by "G" strings, pasties, thongs, bikinis or other similar
form of garments or devices.
Any of the following:
Less than completely and opaquely covered human genitals, pubic
region, buttocks and female breast below a point immediately above
the top of the areola;
Human male genitals in a discernibly turgid state, even if completely
opaquely covered;
Any device, costume or covering that simulates any of the body
parts included in subsections [a] and [b] above.
Any of the following, whether performed directly or indirectly
through clothing or other coverings:
Human genitals in a state of sexual stimulation or arousal;
Sexual acts, actual or simulated, including sexual intercourse,
oral copulation or sodomy;
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the other activities described in subsections [a] through [d] above.
[2]
The foregoing definitions are generic. The uses
and businesses governed by this subsection include any other use or
business, regardless of how named or advertised, that is of a character
like or similar to the uses and businesses set forth in this subsection.
(c)
Excluded activities. This subsection does not apply to any of
the following activities:
[1]
Any activity conducted or sponsored by a school
district or other public agency, so long as such activity is being
conducted as part of and within the scope of an authorized and regular
part of the curriculum or is part of a training or instructional program
being conducted by a public agency.
[2]
Any activity conducted by a person pursuant to
any license issued by the State of Pennsylvania or any agency thereof
charged with the responsibility of licensing, prescribing standards
for and supervising such activity or profession, in and to the extent
that such activity is conducted within the course and scope of the
exercise of the privileges authorized by such license or the duties
of such agency.
(d)
Adult business permit required.
[1]
It shall be unlawful for any person to engage in,
conduct or carry a permit to be engaged in, conducted or carried on,
in or upon any premises within the Township the operation of an adult
business unless the person first obtains and continues to maintain
in full force and effect a permit issued by the Code Enforcement Officer
as required by this subsection.
[2]
A permit shall be issued to any applicant who has
complied with all of the following requirements:
[a]
The applicant has paid the adult business application fee required pursuant to Subsection A(31)(d)[3], below.
[b]
The applicant has not made a material misstatement
in the application for a permit.
[c]
The establishment, including the building and lot
or portion thereof where the adult business is or is proposed to be
situated and the physical facilities and maintenance related thereto,
complies with all building, fire, electrical, plumbing, health and
zoning requirements of the Code of the Township of Middletown, all
the requirements of this chapter, and all state and federal requirements
of a similar nature which are customarily enforced by the Township,
as determined pursuant to one or more inspections conducted by investigating
officials of the Township.
[3]
Each application for a permit under this subsection
shall be accompanied by a nonrefundable fee in an amount established
by resolution of the Township Board of Supervisors. The application
fee shall be used to defray, in part, administrative costs incurred
in processing the application and is not made in lieu of any other
fees or taxes required under this chapter or the Code of the Township
of Middletown.
(e)
Application for adult business permit.
[1]
Any person who proposes to operate, maintain or
conduct an adult business in the Township shall first submit to the
Code Enforcement Officer a complete application for an adult business
permit on a form provided by the Township containing the information
set forth in this section and payment of the required Township nonrefundable
application fee as established by resolution and amended by the Township
Board of Supervisors from time to time. An application that is not
accompanied by the required application fee shall not be deemed a
complete application.
[2]
If the applicant is an individual, the individual
shall state his/her complete name, including any aliases, and address
and shall submit satisfactory written proof that he or she is at least
18 years of age.
[3]
If the applicant is a partnership, the applicant
shall state the complete name and address of the partner signing the
application, as well as the names of all partners, whether the partnership
is general or limited, and shall attach a copy of the partnership
agreement, if any.
[4]
If the applicant is a corporation, the corporation
shall provide its name, the date of its incorporation, evidence that
the corporation is in good standing under the laws of Pennsylvania,
the names and capacity of all officers and directors, the name of
the registered corporate agent, and the address of the registered
office for service of process.
[5]
If the applicant is an individual, he or she shall
sign the application. If the applicant is other than an individual,
an officer of the business entity or an individual with a ten-percent
or greater interest in the business entity shall sign the application.
[6]
If the applicant intends to operate the adult business
under a name other than that of the applicant, the applicant shall
provide the fictitious name of the adult business and show proof of
registration of the fictitious name.
[7]
Each application shall contain:
[a]
A narrative description of the proposed or existing
adult business for which the permit is requested, which shall include
hours of operation, number of employees and a description of the title
and/or position of each employee.
[b]
A sketch or diagram showing the interior floor
plan and configuration of the premises, depicting all interior rooms,
including rest rooms, office space, storage areas and public areas
and dimensions. The sketch or diagram need not be professionally prepared
but shall be drawn to a designated scale with marked dimensions of
the interior of the premises to an accuracy of plus or minus six inches.
[c]
A site plan showing the lot or property on which
the adult business is or will be located, the location of the building
or portion thereof in which the adult business is or will be located,
the number of available parking spaces, the location and type of available
and proposed lighting, landscaping, trash enclosures and all means
of ingress and egress to and from the property. The site plan need
not be professionally prepared but shall be drawn to scale with marked
dimensions to an accuracy of plus or minus one foot.
[d]
The full name, address and telephone number of
the property owner and/or property management company if different
from the applicant; a copy of the lease agreement in effect at the
time of the application, if applicable; and a copy of any other agreement,
easement, condition, covenant, restriction or other such documents
that contain evidence affecting the use or operation of the lot, property,
premises or structures which will be subject to the permit for which
the application has been submitted.
[8]
Each application shall also contain the following
information about the person signing the application:
[a]
Full name, including any aliases, current residential
address, telephone number, date of birth, social security number and
driver's license number.
[b]
The previous address of each such person for a
period of three years immediately prior to the date of application
and the dates of residence at each such address.
[c]
Written proof that the person signing the application
is at least 18 years of age.
[d]
The height, weight, color of eyes and hair of the
person signing the application.
[e]
Business, occupation or employment history of the
person signing the application for three years immediately preceding
the date of the application.
[f]
Two recent passport-style color photographs of
such person.
[9]
Such other information as may be deemed necessary
by the Code Enforcement Officer to secure the foregoing information.
[10]
An adult business establishment lawfully existing
and operating on the effective date of this subsection shall apply
for a permit within 90 days therefrom and shall be allowed to continue
operating during the pendency of the application; provided, however,
that such adult business is otherwise in compliance with applicable
provisions of this chapter and the Code of the Township of Middletown.
[11]
Upon application of any adult business establishment
not lawfully existing and operating on the effective date of this
subsection, a temporary permit not to exceed 30 days shall be issued
immediately upon receipt of a complete permit application. The said
temporary permit shall expire automatically at the end of the thirty-day
period unless extended by the Code Enforcement Officer.
(f)
Application processing.
[1]
Upon receipt of a complete application and payment
of the application and permit fees, the application shall be immediately
stamped as received by the Code Enforcement Officer.
[2]
Within 30 days of receipt of a complete application,
the Code Enforcement Officer or his designated official shall conduct
and complete an investigation of the information contained in the
application to determine whether the applicant shall be issued an
adult business permit in accordance with the provisions of this subsection
and notify the applicant as follows:
[a]
The Code Enforcement Officer shall write or stamp
"granted" or "denied" on the application and sign and date such notation.
[b]
If the application is denied, the Code Enforcement
Officer shall provide a written statement of the reasons for denial.
[c]
If the application is granted, the Code Enforcement
Officer shall issue an adult business permit.
[d]
The application, as granted or denied, and the
permit, if any, shall be sent by United States mail, first class postage
prepaid, addressed to the applicant to the address stated in the application.
[3]
The Code Enforcement Officer shall grant the application
and issue a business permit upon finding that the proposed business
meets the locational and zoning requirements of the Township and that
the applicant has met all of the development and performance standards
and requirements of this subsection.
[4]
Upon notification to the applicant that the application
has been granted by the Code Enforcement Officer, or if the Code Enforcement
Officer fails to either grant or deny the application within 30 days
of receipt of a complete application, the applicant may begin operating
as an adult business pursuant to the terms and conditions of the permit.
The permittee shall post the permit conspicuously in the premises
of the adult business establishment.
[5]
Each adult business permit shall expire one year
from the date of issuance and may be renewed only by filing with the
Code Enforcement Officer a written request for renewal accompanied
by the annual permit fee and a copy of the permit to be renewed. The
request for renewal shall be made at least 30 days before the expiration
of the permit. When made less than 30 days before the expiration date,
the expiration of the permit will not be stayed. Each application
for renewal shall be acted upon as provided herein for action upon
application for a permit.
(g)
Denial of permit.
[1]
Within 30 days of receipt of a complete application,
the Code Enforcement Officer shall deny an application for a permit
if he or she makes any of the following findings:
[a]
The lot or property on which the adult business
is or is proposed to be located does not comply with the locational
or zoning requirements of this chapter of the Code of the Township
of Middletown.
[b]
The establishment, including the building or portion
thereof, where the adult business is or is proposed to be situated
and the physical facilities and maintenance related thereto fails
to comply with all applicable building, fire, electrical, plumbing
and health requirements of the Code of the Township of Middletown,
all applicable state and federal requirements of a similar nature
which are customarily enforced by the Township and all applicable
provisions of this subsection.
[c]
The applicant, his or her employee, agent, partner,
director, officer, shareholder or manager has knowingly made any false,
misleading or fraudulent statement of a material fact in the application
for an adult business permit.
[d]
The applicant or any of the following persons has
had a license or permit issued pursuant to this section revoked within
one year of the date of the application:
[i]
If the applicant is a corporation, any officer
or director of the corporation or any stockholder holding more than
5% of the corporate stock of the applicant.
[ii]
If the applicant is a partnership, any general
or limited partner.
[iii]
Any person currently employed by or in the adult
business establishment.
[2]
Transmittal of decision. The decision to deny the
application shall be given to the applicant, in writing, setting forth
specifically the ground or grounds upon which the decision is based,
the pertinent section of this chapter pursuant to which the permit
is denied and a brief statement of the factual matters in support
of the denial. The decision shall be mailed by United States mail,
postage prepaid, addressed to the applicant at the last known address
of the applicant, or it may be personally delivered to the applicant.
(h)
Appeal of denial.
[1]
Appeal to the Board of Supervisors. Within 10 days
from the deposit of the denial in the mail as set forth in this subsection
or from receipt of the denial by the applicant by personal delivery,
the applicant may appeal, in writing, to the Board of Supervisors,
setting forth with particularity the ground or grounds for such appeal.
[2]
Hearing on appeal. A panel of the Board of Supervisors,
consisting of at least three members thereof, shall set a time and
place for a hearing on the appeal not less than 10 days nor more than
30 days from the date the appeal is received by the Board of Supervisors
and shall conduct a hearing at the time and place so specified.
[3]
Disposition of appeal. Following the hearing on
the appeal, the Board of Supervisors may refer the matter to the Code
Enforcement Officer to conduct a new investigation and to issue a
new decision, may affirm the denial of the application, or may approve
the application. The decision of the Board of Supervisors shall be
final. Notice of the decision of the Board of Supervisors shall be
mailed to the applicant within 10 days of the date of the hearing.
(i)
Reapplication after denial. An applicant whose application for
a permit has been denied may reapply for such permit after a period
of not less than one year has elapsed from the date such denial was
deposited in the mail, as specified herein, or received by the applicant,
whichever occurs first; provided, however, that an earlier reapplication
may be made if accompanied by evidence that the ground or grounds
for denial of the application no longer exist(s).
(j)
Grounds for suspension or revocation of permit.
[1]
A permit issued pursuant to this section may be
subject to suspension or revocation or other appropriate disciplinary
action for any of the following grounds arising from the acts of omissions
of the permittee or employee, agent, partner, director, stockholder
or manager of an adult business:
[a]
The permittee has knowingly made any false, misleading
or fraudulent statement of a material fact in the application for
permit or in any report or reports required to be filed with the Township.
[b]
The adult business, including the building and
lot or portion thereof on which the establishment is situated or is
proposed to be situated and the physical facilities and maintenance
related thereto, fails to comply with all applicable building, fire,
electrical, plumbing, health and zoning requirements set forth in
this chapter or in the Code of the Township of Middletown, all applicable
state and federal requirements of a similar nature which are customarily
enforced by the Township and all provisions of this section.
[c]
The permittee, employee, agent, partner, director,
shareholder or manager of the adult business has knowingly allowed
or permitted and has failed to make a reasonable effort to prevent
the occurrence of any of the following on the premises of the adult
business establishment:
[i]
Any act of unlawful sexual intercourse, sodomy,
oral copulation or masturbation.
[ii]
The use of the establishment as a place where
unlawful solicitation of sexual intercourse, sodomy, oral copulation
or masturbation openly occurs.
[iii]
The occurrence of acts of lewdness, assignation
or prostitution.
[iv]
Any act constituting a violation of 18 Pa.C.S.A.
§ 5903, relating to the distribution of obscene and other
sexual materials and performances.
[v]
Any act constituting a violation of provisions
relating to obscene matter or distribution of harmful matter to minors.
[vi]
Any conduct constituting a criminal offense of
which an essential element consists of the use of force or violence.
[vii]
Any act constituting a felony involving the sale,
use, possession, or possession for sale of any controlled substance.
[d]
Failure to abide by any disciplinary action previously
imposed by the appropriate Township officer.
[e]
Failure to comply with one or more of the facilities and operations requirements set forth in Subsection A(31)(n) hereof.
[f]
The existence of the condition of the premises
as hazardous or unsafe for human occupancy.
(k)
Notice of permit violations. Upon making a determination that
grounds for suspension or revocation of a permit exist(s), the Code
Enforcement Officer shall furnish written notice of the proposed suspension
or revocation to the permittee, setting forth the time and place for
a hearing on the proposed suspension or revocation and the ground
or grounds upon which the proposed suspension or revocation is based,
the pertinent section of this chapter, and a brief statement of the
factual matters in support thereof. The notice shall be mailed by
United States first class mail, postage prepaid, addressed to the
last known address of the permittee and/or shall be delivered to the
permittee personally. Such notice shall be mailed and/or delivered
at least 10 days prior to the hearing date set forth in the notice.
(l)
No refund of fee. No refund or rebate of a permit fee shall
be permitted by reason of discontinuance by the permittee of an activity
for which a permit is required pursuant to this subsection or by reason
of suspension or revocation of a permit.
(m)
Return of permit. In the event that a permit is canceled, suspended,
revoked or invalidated for any reason, the permit shall be forwarded
to the Code Enforcement Officer not later than the end of the third
business day after notification of such cancellation, suspension,
revocation or invalidation.
(n)
Facilities and operation requirements. All adult business establishments
subject to the provisions of this section shall comply with the following
facilities and operations requirements:
[1]
Each adult business establishment shall comply
with all building, fire, electrical, plumbing and health requirements
of the Code of the Township of Middletown, all requirements of this
chapter, all state and federal requirements of a similar nature which
are customarily enforced by the Township, and all provisions of this
subsection.
[2]
No adult business shall be operated in any manner
that permits the observation of any material or activities depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as herein defined, 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. No exterior door or window on the premises shall
be propped or kept open at any time while the business is open, and
any exterior windows shall be covered with opaque covering at all
times.
[3]
All off-street parking areas and premises entries
of the adult business shall be illuminated from dusk to closing hours
of operation with a lighting system providing an average maintained
horizontal illumination of one footcandle of lighting on the parking
surface and/or walkways. The required lighting level is established
in order to provide sufficient illumination of the parking areas and
walkways servicing the adult business for the personal safety of patrons
and employees and to reduce the incidence of vandalism and criminal
conduct. The lighting shall be shown on the required sketch or diagram
of the premises.
[4]
The premises within which the adult business is
located shall provide sufficient sound-absorbing insulation so that
noise generated inside the premises shall not be audible anywhere
on any adjacent property or public right-of-way or within any other
building or other separate unit within the same building.
[5]
With the exception of adult cabarets, each adult
business subject to this subsection shall close and remain closed
from midnight to 9:00 a.m. the following day.
[6]
The building entrance to an adult business shall
be clearly and legibly posted with a notice indicating that persons
under 18 years of age are precluded from entering the premises. The
notice shall be constructed and posted to the satisfaction of the
Chief of Police or designee. No person under the age of 18 years shall
be permitted within the premises at any time.
[Amended 12-8-2009 by Ord. No. 09-04]
[7]
All indoor areas of the adult business shall be
physically arranged in such a manner that the entire interior portion
of the booths, rooms, cubicles or stalls wherein an adult entertainment
enterprise is provided shall be clearly visible from the common areas
of the premises, excluding rest rooms. Rest rooms may not contain
video-reproduction equipment.
[8]
Visibility into booths, cubicles, rooms or stalls
shall not be blocked or obscured by doors, curtains, partitions, drapes
or any other obstruction whatsoever.
[9]
No adult business shall contain partitions between
subdivisions of a room or portions or parts of a building, structure
or premises with an aperture which is designed or constructed to facilitate
sexual activity between persons on either side of the partitions.
[10]
No viewing room may be occupied by more than one
person at any one time.
[11]
Customers, patrons or visitors shall not be allowed
to stand idly by or in the vicinity of any such video booths or remain
in the common area of an adult business, other than the rest rooms,
who are not actively engaged in shopping for or reviewing the products
available on display for purchaser viewing. Signs prohibiting loitering
shall be posted in prominent places in and near the video booths.
[12]
The floors, seats, walls and other interior portions
of all video booths shall be maintained clean and free from waste
and bodily secretions. Presence of human excrement, urine, semen or
saliva in any such booth shall be evidence of improper maintenance
and inadequate sanitary controls; repeated instances of such conditions
may justify suspension or revocation of the permittee's permit to
conduct the adult business.
[13]
All areas of the premises of an adult business
shall be equipped with overhead lighting fixtures of sufficient intensity
to illuminate every place to which patrons are permitted access at
an illumination of not less than one footcandle as measured at the
floor level. It shall be the duty of the permittee and permittee's
agents to ensure that the illumination required by this subsection
is maintained at all times that a patron is present on the premises.
[14]
The adult business shall provide and maintain
separate rest room facilities for male patrons and employees and female
patrons and employees. Male patrons and employees shall be prohibited
from using the rest room(s) for females and female patrons and employees
shall be prohibited from using the rest room(s) for males, except
to carry out duties of repair, maintenance and cleaning of the rest
room facilities. The rest rooms shall be free from any adult material.
Rest rooms shall not contain television monitors or other motion picture
or video projection, recording or reproduction equipment. The foregoing
provisions of this subsection shall not apply to an adult business
which deals exclusively with sale or rental of adult material which
is not used or consumed on the premises, such as an adult bookstore
or adult video store, and which does not provide rest room facilities
to patrons or the general public.
[15]
The following additional requirements shall pertain
to adult businesses providing live entertainment depicting specified
anatomical areas or involving specified sexual activities:
[a]
No person shall perform live entertainment for
patrons of an adult business except upon a stage at least 18 inches
above the level of the floor which is separated by a distance of at
least 10 feet from the nearest area occupied by patrons, and no patron
shall be permitted within 10 feet of the stage while the stage is
occupied by an entertainer.
[b]
The adult business shall provide separate dressing
room facilities for entertainers, which are exclusively dedicated
to the entertainer's use. No cameras or other surveillance devices
shall be installed or maintained by the adult business owner or operator
in the dressing room facilities for the purpose of broadcasting or
projecting images for viewing by the patrons of the establishment
or for broadcasting or projecting images over the Internet.
[c]
The adult business shall provide an entrance/exit
for entertainers separate from the entrance/exit used by patrons.
[d]
The adult business shall provide access for entertainers
between the stage and the dressing rooms which is completely separated
from the patrons. If such separate access is not physically feasible,
the adult business shall provide a minimum three-foot-wide walk aisle
for entertainers between the dressing room area and the stage, with
a railing, fence or other barrier separating the patrons and the entertainers
capable of (and which actually results in) preventing any physical
contact between patrons and entertainers.
[e]
No entertainer, either before, during or after
performances, shall have physical contact with any other entertainer
either before, during or after performances by such other entertainer.
This subsection shall only apply to physical contact on the premises
of the adult business.
[f]
Fixed rail(s) at least 30 inches in height shall
be maintained, establishing the separations between entertainers and
patrons required by this subsection.
[16]
Adult businesses shall employ security guards
in order to maintain public peace and safety, based upon the following
standards:
[a]
Adult businesses featuring live entertainment shall
provide at least one security guard at all times while the adult business
is open. If the occupancy limit of the premises is greater than 35
persons, an additional security guard shall be on duty.
[b]
Security guard(s) for other adult businesses may be required if it is determined by the Code Enforcement Officer that their presence is necessary in order to prevent any of the conduct listed in Subsection A(31)(j) hereof from occurring on the premises.
[c]
Security guard(s) shall be charged with preventing
violations of law and enforcing compliance by patrons with the requirements
of these regulations. Security guard(s) shall be uniformed in such
a manner so as to be readily identifiable as security guards by the
public and shall be duly licensed as security guards, as required
by the applicable provisions of state law. No security guard required
pursuant to this subsection shall act as a door person, ticket taker,
admitting person or sole occupant of the manager's station while acting
as a security guard.
[17]
The requirements of this subsection shall be deemed
conditions of adult business regulatory permit approvals, and failure
to comply with every such requirement shall be grounds for suspension
or revocation of the permit issued pursuant to these regulations.
(o)
Inspection by public officials.
[1]
The applicant shall authorize and allow entry by
public officials of the Township into the premises wherein the applicant
operates or proposes to operate an adult business establishment for
the purpose of conducting one or more inspections to determine whether
the establishment complies with all applicable building, fire, electrical,
plumbing, health and zoning requirements of the Code of the Township
of Middletown, all state and federal requirements of a similar nature
which are customarily enforced by the Township, and the provisions
of this chapter.
[2]
Any and all investigating officials of the Township
shall have the right to enter adult business establishments, from
time to time, during regular business hours to make reasonable inspections
to observe and enforce compliance with the building, fire, plumbing
and health regulations of the Code of the Township of Middletown or
the provisions of this chapter. A warrant shall be obtained whenever
required by law.
[3]
A person who operates an adult business, or his
or her agent or employee, is in violation of the provisions of this
subsection if he or she refuses to permit a lawful inspection of the
premises at any time it is occupied or open for business.
(p)
Business name. It shall be unlawful to operate an adult business
establishment under any name or conduct business under any designation
not specified in the permit.
(q)
Business location change. Before changing the location of an adult business establishment, the permittee shall make an application to the Code Enforcement Officer pursuant to Subsection A(31)(e) hereof.
(r)
Transfer of interest. No permit issued pursuant to the provisions of this section shall be assigned or transferred in any manner, nor shall any person other than those identified in such permit engage in the enterprise for which the permit is issued. As used herein, "transfer" shall include, but shall not be limited to, any modification of a business entity operating an adult business or otherwise required to be disclosed pursuant to Subsection A(31)(e) hereof, including transfer of more than 10% of the stock of any corporation.
(s)
Display of permits. The owner or operator of an adult business
establishment shall display the permit in an open and conspicuous
place on the premises. Passport-size photographs of the permit shall
be affixed to the permit on display pursuant to this subsection.
(t)
Application to existing establishments. Each operator of an
establishment subject to the provisions of this subsection and legally
doing business on the effective date of this chapter shall apply for
a permit not later than 90 days therefrom and shall comply with all
requirements which are prerequisites for issuance of a permit before
such permit will issue.
(u)
Regulations nonexclusive. The provisions of this subsection
regulating adult businesses are not intended to be exclusive, and
compliance therewith shall not excuse noncompliance with any other
regulations pertaining to the operation of businesses adopted by the
Township.
(32)
A medical marijuana grower/processor when authorized by the
Board of Supervisors as a conditional use in accordance with the following
standards and criteria:
[Added 1-17-2017 by Ord.
No. 17-03]
(a)
The medical marijuana grower/processor shall provide proof of
registration with the Department of Health or proof that registration
has been sought and is pending approval, and shall at all times maintain
a valid, accurate, and up-to-date registration with the Department
of Health. Should such registration at any time be revoked or denied,
any Township approval of the use shall immediately become null and
void.
(b)
A medical marijuana grower/processor shall at all times operate
in full and complete compliance with all Department of Health regulations
relating to such facilities.
(c)
A medical marijuana grower/processor may not operate on the
same lot or site as a facility used for dispensing medical marijuana.
(d)
A medical marijuana grower/processor shall not be located within
1,000 feet of a residentially zoned lot or a lot containing a public,
private or parochial school, day-care center, place of worship, public
park, library and/or community center.
(e)
A medical marijuana grower/processor shall not be located within
2,000 feet of a licensed residential substance abuse diagnostic and
treatment facility and/or any other licensed drug or alcohol rehabilitation
facility.
(f)
The total maximum floor area of a medical marijuana grower/processor
shall not exceed 8,400 square feet.
(g)
A medical marijuana grower/processor must operate entirely within
an indoor, enclosed, and secure facility.
(h)
No use of medical marijuana shall be permitted on the premises
of a medical marijuana grower/processor.
(i)
No one under the age of 18 shall be permitted in a medical marijuana
grower/processor facility.
(j)
The hours of operation shall not be earlier than 7:00 a.m. and
shall not be later than 10:00 p.m.
(k)
No exterior sales or sidewalk displays shall be permitted.
(l)
No drive-through services shall be permitted.
(m)
No outdoor seating areas shall be permitted.
(n)
The use cannot be advertised on radio or television.
(o)
There shall be no emission of dust, fumes, vapors and/or odors
that can be seen, smelled, or otherwise perceived from beyond the
lot line for the property where the medical marijuana grower/processor
is located.
(p)
No outdoor storage is permitted.
(q)
A medical marijuana grower/processor shall submit a refuse disposal
plan to be reviewed and approved by the Township. Medical marijuana
remnants and by-products shall be disposed of according to an approved
plan and shall not be placed within an exterior refuse container.
(r)
A medical marijuana grower/processor shall submit a security plan to the Township, demonstrating how the plan will maintain effective security and control of the facility. The security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Chapter 7 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act. The medical marijuana grower/processor shall also provide to the Township copies of all reports to be submitted to the Department of Health pursuant to the Medical Marijuana Act and the regulations promulgated by the Department of Health pertaining to the security and control of the facility and pertaining to the building and structures associated with the medical marijuana grower/processor.
(s)
Any building used for medical marijuana growing/processing shall
be completely surrounded by an eight-foot-high chain-link fence or
any other type of open-link fencing that allows the building to be
seen from outside the fence.
(33)
Medical office or clinic for medical or dental examination or
treatment of persons as outpatients, including laboratories incidental
thereto. Such uses shall have a minimum lot area of 20,000 square
feet.
[Added 9-4-2018 by Ord.
No. 18-03]
A.
No lot, parcel or tract of land shall be used and no building or
structure shall be erected, altered or remodeled for any of the following
uses: the manufacture of heavy chemicals, including, but not limited
to, acids or other corrosives, ammonia, caustic soda, and sulfuric
detergents, fertilizers; the manufacture or production of metals and
alloys in ingot form; the manufacture or production of cement, plaster,
cork and other constituents, matches, paints, oils, varnishes, lacquer,
basic raw polymer manufacture of rubber; the curing and tanning of
hides; and, except as provided herein, the storage of fuels or explosive
materials in bulk.
B.
No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically licensed by the Commonwealth of Pennsylvania or are used as customarily incidental to the operation of a principal use in such quantities and in a manner conforming with the applicable performance standards set forth in Article XXV of this chapter. Such materials shall include, but shall not be limited to, all primary explosives such as lead azide, lead stypnate, fulminates and tetracene; all high explosives, including but not limited to TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, including, but not limited to, nitrocellulose, black powder, boron hydrides, hydrazone and its derivatives; pyrotechnics and fireworks, including, but not limited to, magnesium powder, potassium chlorate and potassium nitrate; blasting explosives, including, but not limited to, acetylides, tetroles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements, including, but not limited to, uranium 235 and plutonium 239.
C.
All activities involving the manufacturing, fabrication, assembly, disassembly, repairing, storing, cleaning, servicing and testing of materials, goods or products shall be operated in such a manner as to comply with applicable performance standards in accordance with Article XXV of this chapter and other pertinent ordinances governing noise, vibration, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, glare or heat; and no use already established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with such applicable performance standards.
A.
Unless a different area or dimensional regulation is stated in § 500-1902, Use regulations, for a specific use, all uses in the M-1 District, except industrial parks, shall meet the following requirements:
[Amended 9-4-2018 by Ord.
No. 18-03]
(1)
Area and dimensional requirements:
(2)
Buffer yard. Along any adjacent land zoned for or in residential or agricultural use, a buffer yard shall be provided which shall be not less than 150 feet in width, measured from the property line or from the street line. The buffer yard shall be in accordance with the provisions of § 500-2605.
(3)
The required front, side and rear yard setbacks shall be planted
with vegetation (i.e., grass, trees, shrubs, etc.) and shall not be
used for paving or internal driveways, except for driveways that give
access to a property from the street.
(5)
All parking areas, loading facilities and outside storage areas
shall be located to the rear or side of buildings. However, parking
shall be permitted in the front of buildings when a buffer yard is
required in this area.
(6)
A tower or chimney shall be set back from all property lines
a distance of at least 1.5 times the height of the structure.
(7)
All uses in this district shall be served by public water and
public sewer facilities.
(8)
Parking. Off-street parking shall be provided in accordance with the provisions of Article XXVII.
(9)
A traffic and transportation impact study prepared in accordance with the requirements for said study set forth in Chapter 440, Subdivision and Land Development, may be required, depending upon the applicability criteria.
(10)
For sites containing 10 or more acres of land, the applicant for a proposed subdivision or land development shall show the tract of land as a whole, including planned or potential uses for each piece of property and the overall design and improvements for the site. When two or more primary uses are proposed, the requirements for industrial parks in Subsection B below shall be met.
B.
Industrial parks shall meet the following requirements:
(2)
Each use in an industrial park shall meet the area, dimensional and design requirements of § 500-1904A(1) through (10) above.
(3)
Phasing of development and internal site improvements is permissible in accordance with the requirements of Chapter 440, Subdivision and Land Development; however, all off-site improvements shall be included and completed within the first phase of development.
(4)
All uses within the industrial park shall take access from an
internal roadway. Access for the park shall be from arterial or collector
highways.
(5)
Interior roadways shall have street trees in accordance with the requirements of Chapter 440, Subdivision and Land Development.
(6)
All commonly owned elements, including streets, water and sewer
lines, basins, etc., shall be owned and maintained in accordance with
the Pennsylvania Uniform Condominium Act and shall be dedicated to
the Township only upon the request of the Township.
