This category includes uses involving the sale, lease, or rental of new or used goods to the ultimate consumer within an enclosed structure, unless otherwise specified. The retail sales subcategories are:
(a) Adult-Oriented Merchandise.
Any retail sales use or establishment having as 20% or more of its floor area or its stock-in-trade:
(.1) Books, magazines, videos, CD-ROMs, or other periodicals or visual production materials that are distinguished or characterized by their emphasis on matter depicting, describing, or related to "specified sexual activities," or "specified anatomical areas;" or
(.2) Any devices, commonly known as sex toys, designed or marketed as useful primarily for the stimulation of human genital organs.
(b) Building Supplies and Equipment.
Uses that sell or otherwise provide goods to repair, maintain, or visually enhance a structure or premises, including, but not limited to, hardware stores, paint and wallpaper supply stores, and garden supply stores.
Uses that sell or otherwise provide furniture, appliances, equipment, and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort, or aesthetics. This use subcategory shall include establishments that sell cigarettes and other lawful smoking tobacco products. The following are consumer goods specific use types:
Any retail store selling paraphernalia commonly related to the use of any drug or narcotic, the sale, use or possession of which drug or narcotic is subject to the provisions of "The Controlled Substance, Drug, Device and Cosmetic Act," 1972, April 14, P.L. 233, No. 64, 51 et seq., 35 P.S. §§ 780-101 et seq., including, but not limited to, water pipes, pipe "screens," hashish pipes, "roach" clips, "coke" spoons, "bongs," and cigarette rolling paper, except that this term does not include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.
(.2) Gun Shop.
Any retail sales business engaged in selling, leasing, purchasing, or lending of guns, firearms, or ammunition.
A person who holds a permit issued by the Department of Health of the Commonwealth pursuant to the Act of April 17, 2016, P.L. 84, No. 16, to dispense medical marijuana.
(d) Food, Beverages, and Groceries.
Uses that sell or otherwise provide food or beverages for off-premise consumption, including grocery stores and similar uses that provide incidental and accessory food and beverage service as part of their primary retail sales business. The following are food, beverage, and groceries specific use types:
An establishment primarily engaged in the sale of grocery products and that provides all of the following:
(.a) at least 5,000 sq. ft. of customer-accessible floor area used for display and sales of a general line of food and nonfood grocery products such as dairy, canned and frozen foods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry, intended for home preparation, consumption, and use;
(.b) at least 25% of retail inventory by volume is in the form of perishable goods, which must include dairy, fresh fruits and vegetables, and frozen foods and that may include fresh meats, poultry, and fish; and
(.c) at least 750 sq. ft. of such customer-accessible sales and display area is used for the sale of fresh fruits and vegetables.
(.2) Farmer's Market.
An area for the sale of food crops and non-food crops (e.g., flowers) directly to consumers within an enclosed structure or outdoors on a lot.
(e) Pets and Pet Supplies.
Uses that sell or otherwise provide household pets and pet supplies.
(f) Sundries, Pharmaceuticals, and Convenience Sales.
Uses that sell or otherwise provide goods for personal grooming and for the day-to-day maintenance of personal health and well-being.
Uses that sell or otherwise provide goods to cover, protect, or visually enhance the human form. This use subcategory shall include establishments that sell jewelry, watches, and other related goods and may provide repair, custom fabrication, and cleaning, provided that such activity is clearly incidental to the principal use of the establishment.
Notes
| 311 | Amended, Bill No. 130804 (approved December 18, 2013). |
| 312 | Amended, Bill No. 150264 (approved June 16, 2015). |
| 312.1 | Added, Bill No. 160919 (approved December 20, 2016). |
| 312.2 | Amended, Bill No. 190313 (approved July 17, 2019). |
| 313 | Amended, Bill No. 130804 (approved December 18, 2013). |