[Ord. 1159, 9/11/2014]
It is the purpose of this district to provide for commercial
and light industrial development which will not adversely affect the
public health, safety and general welfare of the residents and inhabitants
of the Borough. Residential uses are also permitted.
[Ord. 1159, 9/11/2014]
1.
Land and buildings in an I District may be used for the following
purposes and no others, unless a special exception as provided for
herein is granted:
A.
Any use permitted by right or special exception in the C District.
B.
Scientific or industrial research, testing or experimental laboratory
or similar establishment for research or product development.
C.
Industrial operations involving the production, packaging, fabrication,
processing, assembly, manufacture, compounding and bottling of foods,
goods, and materials, provided that all such activities shall be carried
on within a building.
D.
Warehousing and distributing of manufactured foods, goods, and materials.
E.
Shop of a carpenter, electrician, metal worker, cabinet maker, upholsterer,
plumber, mason, painter, home builder, heating contractor or similar
skilled tradesman.
F.
Accessory uses and structures to the above permitted uses when on
the same lot as and customarily incidental to the permitted uses.
[Ord. 1159, 9/11/2014]
1.
The following uses are permitted when special exceptions are granted
by the Zoning Hearing Board in accordance with the applicable provisions
of this chapter:
A.
Any use of the same general character as any of the above permitted-by-right uses, provided that no trade or business shall be permitted which is noxious or hazardous as defined in § 27-612 of this chapter.
B.
Adult Business and Entertainment Uses.
(1)
Adult business and entertainment uses shall be permitted by
special exception within the Industrial Zoning District, subject to
the provisions specified within this section.
(2)
The provisions for adult business and entertainment uses are
hereby incorporated within this chapter in order to accomplish the
following objectives:
(a)
Pursuant to the authority of the Borough Code, the Borough Council
has the power to prohibit nuisances and to promote the health, cleanliness,
comfort and safety of the citizens of the Borough of Shillington.
(b)
After the review of studies conducted by various cities and
municipalities in the United States, as well as various court opinions
where such studies are referenced and cited, including the United
States Supreme Court decision, The City of Renton v. Playtime Theaters,
Inc., 475 U.S. 41 (1986), and the United States Court of Appeals for
the Third Circuit decision, Mitchell v. Commission on Adult Entertainment
Establishments of the State of Delaware, 10 F.3d 124 (3rd Cir.1993),
the Borough Council recognizes that adult entertainment uses have
the tendency to cause adverse secondary effects that impact on the
health, safety and general welfare of the Borough.
(c)
The Borough Council desires to restrict the location where adult
entertainment uses can locate, to require a reasonable separation
distances between such uses and other uses which are not compatible
with adult-oriented businesses, and to prevent an undue concentration
and proliferation of such uses in a close proximity.
(d)
The Borough Council is fully aware of and fully respects the
fundamental constitutional guarantee of freedom of speech and realizes
that restrictions on such freedom must be carefully drafted and enforced
so that one's right to speak is not curtailed beyond the point
at which it is essential to further the Borough's interest in
public health, safety and welfare.
(3)
The following standards and specifications shall apply to adult
businesses and adult entertainment uses:
(a)
A minimum of one acre of net land area shall be required to
accommodate an adult business and adult entertainment use. In addition,
the use shall comply with the minimum and maximum dimensional requirements
specified for an adult business and adult entertainment use under
the Industrial District.
(b)
Adult businesses and adult entertainment uses shall be serviced
by public sanitary sewer facilities, which shall be planned in accordance
with the most-recent update to the Borough's Sewage Facilities
Plan, as adopted to comply with the Pennsylvania Sewage Facilities
Act (PA Act 537, as amended)[1] as well as any ordinances adopted by the Borough. All
sewage disposal facilities shall be designed with sufficient capacities,
which shall be subject to the review and approval of the Borough,
the Borough's Municipal Authority and the Pennsylvania Department
of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(c)
Adult businesses and adult entertainment uses shall be serviced
by public water supply facilities, which shall be consistent with
any plans and ordinances adopted by the Borough. All water supply
facilities shall be designed with sufficient capacities, which shall
be subject to the review and approval of the Borough, the Borough's
Municipal Authority and the Pennsylvania Department of Environmental
Protection.
(d)
All other utility provisions serving adult businesses and adult
entertainment uses shall be planned and installed in accordance with
the specifications of the public utility provider supplying service.
(e)
No adult business or entertainment use shall be located within
500 feet of any religious uses, educational uses, day-care facilities
and recreational uses, as measured from the property line.
(f)
No adult business or entertainment use shall be located within
3,000 feet of an existing adult business or entertainment use, as
measured from the property.
(g)
All storage and displays shall be located within the building
occupying the adult business or entertainment use. No exterior displays
are permitted.
(h)
All business transactions that are conducted on the premises
shall be within an enclosed building. All adult business uses may
operate between the hours of 9:00 a.m. and 11:00 p.m.
(i)
All applications for adult business or entertainment uses in
new buildings shall be accompanied by a land development plan. The
minimum information required on the land development plan shall include:
[1]
The proposed nature of the adult business or entertainment
use.
[2]
Architectural renderings of the proposed building
elevations and plan views.
[3]
The location and elevation of all buildings, structures,
walls, fences and landscaping on the property.
[4]
Off-street parking areas, loading areas and traffic
circulation patterns.
[5]
The location, dimensions and content of all signs,
displays and advertising.
[6]
A land use survey of all uses located within a
one-thousand-foot radius of the property.
(j)
All applications for adult business and entertainment uses shall
include a statement providing specific information on each individual,
partner, store manager(s), corporate officer, corporate director or
corporate stockholders owning more than 3% of the issued and outstanding
stock of a corporate applicant. At a minimum, the applicant shall
identify the complete name, business address and telephone number.
(k)
In the event of the proposed sale, resale or reassignment of
interest of an adult business or entertainment use established under
the terms of this chapter, the Borough and Zoning Officer shall be
notified of such proposed change of ownership. Such notification shall
include the documentation required by this section of this chapter.
Failure to notify the Borough and Zoning Officer shall constitute
a violation of this chapter, which could lead to the revocation of
the use and certificate of occupancy.
(l)
The following requirements pertaining to signs and other visual
displays shall apply to each adult business or entertainment use:
[1]
The exterior of the building may include one wall
sign or parallel sign identifying the name of the adult business or
entertainment use, which shall not exceed 20 square feet in size.
[2]
Freestanding signs, banners, directional signs,
illuminated signs, portable signs, roof signs, seasonal signs and
billboards shall be prohibited on the property.
[3]
Window signs shall be limited to 25% of the total
window area and shall not include any graphic or pictorial depiction
of material related to specific sexual activities or anatomical areas.
[4]
Advertisements, displays or other promotional materials
related to specific sexual activities or anatomical areas shall not
be shown or exhibited so as to be visible to the public from the exterior
of the building.
[5]
All signs and visual displays shall be considered
as part of the special exception application.
(m)
The entrance of the adult business should include a sign warning
all individuals that the premises are classified as an adult business
use and/or adult entertainment use.
(4)
As part of the special exception application, the applicant
shall provide evidence that the adult business and/or adult entertainment
use shall comply with the provisions established by this chapter.
This may include the submission of a grading plan, utility plan, landscaping
plan, architectural renderings, traffic impact study and/or environmental
impact assessment report.
C.
Telecommunication facility.
[Ord. 1159, 9/11/2014]
[Ord. 1159, 9/11/2014]
1.
Lot Size. The minimum lot size shall be 2,000 square feet. A minimum
of 2,000 square feet of lot size per dwelling unit shall be provided.
2.
Building Coverage.
A.
For every lot used exclusively for residence purposes, not more than
45% of the lot area may be occupied by buildings.
B.
For every lot used in whole or in part for nonresidential purposes,
not more than 60% of the lot area may be occupied by buildings, unless
authorized as a special exception; but said building area regulation
shall not apply to religious institutions.
3.
Front Yards. There shall be a front yard on each street on which a lot abuts, which shall be not less than 15 feet in depth, except as provided in § 27-613 of this chapter. The front yard on the long side of a corner lot may be reduced to a depth of not less than 10 feet.
4.
Side Yards. All buildings shall have a side yard of not less than
six feet.
5.
Rear Yard. There shall be a rear yard on each lot, which shall be
not less than 25 feet in depth.
6.
Building Height. No building shall exceed 40 feet in height, provided
that as a special exception the Zoning Hearing Board may permit a
building height up to 50 feet.
7.
Open Area. A minimum of 20% of the lot shall be landscaped area. A landscaping plan shall be provided pursuant to § 27-604 of this chapter.
8.
Lot Width. The minimum lot width shall be 50 feet at the street line
and 60 feet at the building setback line.
