A.
Permitted uses. Uses are permitted by right, as special exceptions, and as conditional uses in Industrial Districts in accordance with § 200-41.
B.
Special exception uses. The Zoning Hearing Board is authorized to grant special exceptions for uses specified in § 200-41 for applications meeting the following criteria:
(1)
The proposed use shall not undermine the general manufacturing,
assembling, and warehousing character of the District and shall not
reduce the likelihood of additional manufacturing, assembling, and
warehousing operations being attracted to locate in the District.
(2)
The use shall not generate high levels of vehicular
traffic, or noise, noxious odors, air pollution, or glare.
(3)
The manner, location, and hours of operations and
of deliveries to the premises shall be compatible with the daily cycle
of active and quiet periods associated with any adjacent residential
uses.
D.
Accessory uses. Accessory uses are permitted in accordance with Article XIV, § 200-90B. In addition, the following accessory uses are permitted when used in conjunction with a principal use or structure:
(1)
Security watch stations for watchmen or caretakers.
(2)
Cafeteria or canteen for the sole use of employees
and visitors to the establishment.
(3)
Repair facilities for the maintenance of vehicles
used in the operation of the principal use.
(4)
Storage garages for vehicles used in the operation
of the principal use.
E.
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with Article XII.
H.
Sewer and water facilities. All development in Industrial
Districts shall be served by central water and sanitary sewer facilities
acceptable to the Board of Supervisors and subject to the approval
of the Pennsylvania Department of Environmental Protection or its
successor agency and the appropriate municipal authority providing
water or sewer facilities.
I.
Performance standards. Any activity or use in Industrial Districts shall comply with the performance standards of Article II.
J.
Natural and landscaped areas. All portions of a tract
not occupied by buildings and required improvements shall be maintained
as landscaped areas consisting of natural environmental features and/or
planted vegetation.
K.
Permanent open space: design standards. Permanent open space to be provided in accordance with certain sections of this article shall comply with the design standards and other requirements for permanent open space contained in Article V.
L.
Location criteria for adult uses. No adult use shall
be located within:
M.
General provisions pertaining to adult uses:
(1)
Permits required. A permit to operate an adult use
shall only be issued if the applicant is successful in obtaining a
conditional use for the proposed adult use and the applicant successfully
meets all health, use, occupancy, and/or building permit requirements
as defined in the pertinent codes and ordinances of East Whiteland
Township and the pertinent BOCA Codes as the same may be from time
to time amended.
(2)
Application for a permit. The application for a permit
to operate an adult use must be made on the form provided by the Zoning
Officer of East Whiteland Township. The application must be accompanied
by a sketch or diagram showing the configuration of the premises,
including all of the interior walls, and including a statement of
the total floor space occupied by the adult use.
(3)
Initial inspection. The premises must be inspected
by and found to be in compliance with all applicable codes and ordinances
by the Zoning Officer and the Fire Marshal.
(4)
Applicant's identification. Any person who wishes
to operate an adult use as an individual must sign the application
for permit as an applicant. If the applicant is other than an individual,
each individual who has an interest in the business must sign the
application for permit as an applicant. If a corporation desires to
operate an adult use, each officer, director, and shareholder must
sign the application for a permit as an applicant.
(5)
Application approval. The Zoning Officer shall approve
the issuance of a permit to an applicant within 60 days after the
applicant has received conditional use approval by the Board of Supervisors
of East Whiteland Township and will not approve a permit if the Zoning
Officer finds any one or more of the following to be true:
(a)
The applicant is under 18 years of age.
(b)
The applicant has failed to provide information
reasonably necessary for the issuance of a permit or has falsely answered
a question or request for information on the application form.
(c)
The premises have been inspected by the Zoning
Officer or Fire Marshal and are found not to be in compliance with
the applicable codes and ordinances.
(d)
The permit fee required by this chapter has
not been paid or the permit fees of health, use, occupancy, and/or
building permits have not been complied with or the fees not paid.
(e)
The applicant of the proposed adult use is in
violation of or is not in compliance with any of the provisions of
this chapter.
(6)
Posting of permit. The permit, if granted, shall state
on its face the name of the person or persons to whom it is granted,
the expiration date, and the address of the adult use. The permit
shall be posted in a conspicuous place at or near the entrance of
the adult use so it can be read at any time.
(7)
Permit renewal. The permit, if granted, shall expire
one year from the date of issuance. The applicant must, prior to the
expiration date, file an additional application in order to continue
operating the adult use without interruption. Applications for renewal
should be made at least 30 days prior to the expiration date. When
an application is made less than 30 days before the expiration date,
the pendency of the application will not prevent the expiration of
the permit;
(8)
Certification. The Zoning Officer and Fire Marshal
shall complete their certification that the premises are in compliance
or not in compliance with the applicable codes and ordinances within
30 days of receipt of an application. This certification shall be
properly presented to the Zoning Officer;
(9)
Denial of renewal. If the Zoning Officer denies a
renewal of a license, the applicant shall not be issued a permit for
one year from date of denial, except that after 90 days of lapse since
the date of denial, the applicant may be granted a permit if the Zoning
Officer finds that the basis for denial of the renewal permit has
been corrected or abated.
N.
Inspection of adult uses.
(1)
Inspection at any time. An applicant or permittee
shall permit the Zoning Officer, Fire Marshal, or other Township officials
to inspect the premises of an adult use for the purpose of ensuring
compliance with this chapter and with the law. Said inspection shall
occur any time when the adult use is occupied or open for business.
(2)
Violation. A person who operates an adult use, or
its agent, servant, or employee, violates this chapter for refusal
to permit such lawful inspection on the premises.
O.
Fees for adult uses. The annual fee for an adult use
shall be in accordance with a fee schedule adopted by resolution of
the Board of Supervisors as shall be determined from time to by the
Board of Supervisors.
P.
Suspension of permits for adult uses. The Zoning Officer
shall suspend a permit for a period not to exceed 30 days if he determines
that a permittee or an agent, servant, or employee of the permittee
has:
Q.
Revocation of permits for adult uses.
(1)
Revocation for cause for suspension. The Zoning Officer shall revoke a permit if a cause for suspension set forth in Subsection P occurred and the permit has been suspended within the preceding 12 months.
(2)
Revocation for other causes. The Zoning Officer shall
have the power to revoke a permit if it is determined that:
(a)
A permittee or any agent, servant, or employee
has given false or misleading information or materials submitted to
the Township during the application process.
(b)
A permittee or any agent, servant, or employee
has knowingly allowed any activity on the premises that is in violation
of the Pennsylvania Crimes Code.
(c)
A permittee or any agent, servant, or employee
of the permittee operated the adult use during a period of time when
the permit was suspended or revoked.
(d)
A permittee or any agent, servant, or employee
of the permittee knowingly allowed any action of sexual intercourse,
sodomy, oral copulation, masturbation, or other sexual conduct to
occur in or on the permitted premises.
(e)
A permittee is delinquent in the payment to
the Township of any fees that are due.
(3)
Period of revocation. When the Zoning Officer revokes
the permit, the revocation shall continue for a period of one year
and the permittee shall not be issued an adult use business permit
for one year from the date when the revocation became effective. If,
subsequent to revocation, the Zoning Officer finds that the basis
for the revocation has been corrected or abated, the applicant may
be granted a permit if at least 90 days has elapsed since the date
the revocation became effective.
[1]
Editor's Note: The Table of Permitted Uses for Industrial Districts is included at the end of this chapter.
[1]
Editor's Note: The Table of Development Standards for Industrial Districts is included at the end of this chapter.
