(A) Generally. Adult business uses, as defined herein, are only permitted in the HI - Heavy Industrial District, and only as a conditional use subject to the specific criteria expressed in this and other applicable ordinances.
(B) Conditions. A conditional use permit for such uses shall be issued by the Township Supervisors, providing the following specific conditions are met.
(1) Applications for a conditional use permit for an adult business use shall be submitted to the Zoning Officer at least 15 days prior to the next regular meeting of the Township Supervisors. At that meeting, the Supervisors shall receive the application and all information required by this section. The Supervisors shall refer a complete application to the Planning Commission for its review before taking action on the conditional use permit application.
(2) Upon receipt of an application for an adult business use conditional use permit, the Supervisors shall establish the date, time and place for a public hearing on the application. Notice of the public hearing shall be published at least once in a newspaper with general circulation in the municipality not less than ten days nor more than 20 days from the date of the hearing. The notice shall establish the time, date and place of the hearing and shall describe the proposal in general terms. In addition to the public hearing notice, a written notice shall be mailed to the owners of all property within 500 feet of the site proposed for the adult business use. Such public hearing shall be held not later than 60 days following the meeting at which the Township Supervisors receives such application.
(3) The Planning Commission shall review the application at its next legally advertised regular meeting following the receipt of the application from the Township Supervisors. Within seven days of such review, the Planning Commission shall submit a written report to the Supervisors on its findings on the conformity of the adult business use conditional use permit application with the requirements of this and other applicable ordinances.
(4) At the first regular or special meeting of the Township Supervisors subsequent to Supervisors conducting the public hearing, the Supervisors shall take action on such application. The Supervisors may approve the conditional use permit subject to specific conditions or changes, or may disapprove the conditional use permit with a specific list of reasons for such disapproval. Written notification of the Supervisors’ action, with reasons therefor, shall be mailed to the applicant by the Zoning Officer within five days of said action by Supervisors.
(5) (a) All applications for an adult business use conditional use permit shall be accompanied by a site plan.
(b) The minimum information required on the site plan shall include:
1. The adult business use intended;
2. The location and elevations of all buildings, structures, walls, fences and landscaping on the site; and
3. Off-street parking areas and traffic circulation patterns, and all signs, displays and advertising, including location(s).
(C) Other requirements.
(1) All storage and displays shall be located within the building.
(2) All business transactions on the premises shall be conducted within the building.
(3) No exterior changes, excluding maintenance, to a building proposed to be used for an adult business use shall be made without the approval of Township Supervisors. In no case shall opaque covering of display windows be permitted.
(4) All new construction shall be in keeping with the scale and architectural styles of the buildings surrounding the site proposed for an adult business use.
(5) Not more than one type of adult business use, as defined herein, may operate on any lot.
(6) Advertisements, displays or other promotional materials of specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from the exterior of the building.
(7) In adult mini-motion picture theaters, no openings are permitted through walls separating private viewing booths.
(D) Signs and other visible messages. In addition to the regulations of applicable state laws, the following shall apply to all adult business uses.
(1) Sign messages shall be limited to written description of material or services available on the premises.
(2) Sign messages may not include any graphic or pictorial depiction of material related to specific sexual activities or specified anatomical areas.
(3) Adult business uses shall be limited to 20 square feet in sign area, with lettering on said signs not exceeding four inches in height.
(E) Location requirements/restrictions.
(1) No adult business use shall be located within 1,000 feet of any other existing adult business use, measured from the property lines of the lot on which the adult business use is located.
(2) No adult business use shall be located within 500 feet of any residential zoning district or within 500 feet of the lots on which the following uses are located:
(a) Churches, monasteries, chapels, synagogues, convents or rectories;
(b) Schools up to and including the twelfth grade and their adjunct play areas; and
(c) Public playgrounds, public parks, public swimming pools and public libraries.
(F) Statement of ownership. Applications for a conditional use permit for an adult business use shall include a statement providing specific information on each individual, partner, limited partner, corporate officer, corporate director or corporate stockholder owning more than 3% of the issued and outstanding stock of a corporate applicant, comprising the applicant, to include the following:
(1) Name;
(2) Residence address; and
(3) Social Security number.
(G) Termination or modification of conditional use permit.
(1) When a conditional use permit for an adult business use is authorized by the Supervisors, the continuation of such use shall be dependent upon the conditions established under the permit and this chapter; in the event of a change of conditions or noncompliance of conditions, the Supervisors shall have the responsibility and right to terminate or revoke the conditional use permit.
(2) A conditional use permit may be modified subject to the criteria and procedures established in this chapter.
(Ord. 678, passed 10-20-2010)