(1)
Legislative Findings. The Council finds
that:
(a) There has been a recent proliferation, concentrating in
certain areas of the City, of certain uses;
(b) That the concentration
of these uses causes a deleterious effect on the aesthetics and economics of the
areas in which these uses are located;
(c) That the concentration of
these uses causes the areas in which these uses have located to become a focus
of crime;
(d) In order to prevent the further deterioration of
communities and neighborhoods in the City of Philadelphia, and to provide for
the orderly, planned future development of the City, that in addition to
existing zoning regulations, certain additional special regulations are
necessary to insure that these adverse effects will not continue to contribute
to the blighting or downgrading of surrounding neighborhoods;
and
(e) For the purpose of controlling the concentration of certain
uses, special regulations relating to the location of these uses are
necessary.
(2)
Definitions:
(a)
Adult book store.
An establishment having a substantial or significant portion of its
stock-in-trade, books, magazines, and other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing or related to
"specified sexual activities," or "specified anatomical areas," or an
establishment with a segment or section devoted to the sale or display of such
material.
(b)
Adult mini-motion picture theater. An enclosed
building with a capacity for less than fifty persons used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or related to "specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
(c)
Adult motion picture
theater. An enclosed building with a capacity of fifty or more persons used
for presenting material distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas" for observation by patrons
therein.
(d)
Cabaret. An adult club, restaurant, theater, hall
or similar place which may or may not serve alcoholic beverages and features
topless dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers exhibiting specified anatomical areas or
performing specified sexual activities, or dancing, performing or acting in a
lewd, sexually erotic, exciting, or stimulating manner for patrons or viewers
who tip, pay or give any monetary consideration directly or indirectly to such
featured dancers or entertainers for such featured
entertainment.
[246] (e)
Specified
anatomical areas.
(i) Less than completely and opaquely
covered
(.a) Human genitals, pubic region;
(.b) Buttocks;
and
(.c) Female breasts below a point immediately above the top of
the areola; and
(ii) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
(f) Specified sexual
activities.
(i) Human genitals in a state of sexual stimulation or
arousal;
(ii) Acts of human masturbation, sexual intercourse or
sodomy;
(iii) Fondling or other erotic touching of human genitals,
pubic region, buttocks or female breasts.
(g)
Drug paraphernalia
stores. Any retail store selling paraphernalia commonly related to the use
of any drug or narcotic of which the sale, use or possession of 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. Section 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 shall not be deemed to 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.
[247] (h)
Amusement
arcade. An establishment which offers to patrons four or more mechanical or
electrical devices or games such as pinball machines, ping pong, darts, shooting
galleries or similar devices or games, excluding juke boxes and amusement
devices in the establishments regulated by the Liquor Control Board of the
Commonwealth and vending machines for the dispensing of
goods.
[248] (i)
Pool
room. An establishment which provides two or more tables for the playing of
pool and
billiards.
[249] (j)
Adult
Video Store. An establishment having a substantial or significant portion of
its stock-in-trade, videos, CD-ROMS and other visual production materials which
are distinguished or characterized by their emphasis on matter depicting,
describing or related to "specified sexual activities" or "specified anatomical
areas."
[250] (k)
Check
Cashing Establishment. An establishment which is not a bank or financial
institution subject to federal and state regulation that charges either a flat
fee or a fee based on a percentage of the face value of a check to be cashed or
processed by such establishment and provides such services to the
public.
[251] (l)
Pawnshop.
An establishment which is engaged to any extent in any of the following business
or
activities:
[252] (.1) the
lending of money on the deposit or pledge of personal property, other than
chosen in action, securities or written evidence of
indebtedness;
(.2) the purchase of personal property either from an
individual, another pawn business or any other business with an expressed or
implied agreement or understanding to sell it back at a subsequent time at a
stipulated price or negotiated price;
(.3) the purchase of personal
property either from an individual or another pawn business with an expressed
intent of offering the property for resale, or;
(.4) the lending of
money upon personal property, goods, wares or merchandise pledge, stored or
deposited as collateral security.
(m)
Adult Modeling or Photography
Studio. An establishment having a substantial or significant portion of its
business distinguished or characterized by its emphasis on the photographing of
males and/or females exhibiting specified anatomical areas or performing
specified sexual activities. Such an establishment may feature employees or
contractors who, as part of their employment, customarily expose specified
anatomical areas to
patrons;
[253] (n)
Adult
Spa or Health Club. A spa or health club having a substantial or significant
portion of its business distinguished or characterized by its emphasis on males
and/or females exhibiting specified anatomical areas or performing specified
sexual activities. Such an establishment may feature employees or contractors
who, as part of their employment, customarily expose specified anatomical areas
to
patrons.
[254] (o)
Adult
Entertainment Store. An establishment having a substantial or significant
portion of its stock-in-trade: books, magazines or periodicals characteristic of
an adult bookstore, as defined in this Section; videos or other visual
production materials characteristic of an adult video store, as defined in this
Section; and/or any devices, commonly known as sex toys, designed or marketed as
useful primarily for the stimulation of human genital
organs.
[255] (p)
Penal
and Correctional Institution (private). An institution operated by a
private party under contract with the City of Philadelphia, the Commonwealth of
Pennsylvania or the federal government for the confinement of offenders
sentenced by a court and still under the jurisdiction of a
court.
[256] (q)
Penal
and Correctional Institution (public). An institution operated by the City
of Philadelphia, the Commonwealth of Pennsylvania or the federal government for
the confinement of offenders sentenced by a court and still under the
jurisdiction of a
court.
[257] (r)
Tattoo.
An indelible mark, figure or decorative design introduced by insertions of dyes
or pigments into or under the subcutaneous portion of the skin or by the
production of scars upon the body of a live human
being.
[258] (s)
Body
Piercing. The process of breaching the skin or mucous membrane for the
purpose of insertion of any object, including but not limited to, jewelry for
cosmetic purposes. The term does not include ear piercing or nail
piercing.
[259] (t)
Tattoo
Parlor. An establishment which is engaged in any extent in providing
tattoos to
customers.
[260] (u)
Body
Piercing Shop. An establishment which is engaged in any extent in providing
body piercing to
customers.
[261] (3)
Application.
The following uses are designated as regulated uses:
(a) Adult book
stores;
(b) Adult mini-motion picture theater;
(c) Adult
motion picture theater;
(d) Cabaret;
(e) Massage businesses as
regulated by §§ 9-610 and 9-611 of The Philadelphia
Code;
(f) Drug paraphernalia
stores;
[262] (g) Amusement
arcades;
[263] (h) Pool
rooms.
[264] (h) Pool
rooms;
(i) Adult video
stores;
[265] (j) Check
Cashing
Establishments;
[266] (k) Pawnshops.
[267] (l) Adult
Modeling or Photography
Studio;
[268] (m) Adult
Spa or Health
Club.
[269] (n) Adult
Entertainment
Store.
[270] (o) Penal and
Correctional Institution
(private).
[271] (p) Penal
and Correctional Institution
(public).
[272] (q) Tattoo
Parlors.
[273] (r) Body
Piercing
Shops.
[274] (4)
Prohibited
Conduct.
[275] No regulated use
shall be permitted:
(a) Within one thousand (1,000) feet of any other
existing regulated use; and/or,
(b) Within 500 feet of any
residentially zoned district (regardless of the actual uses contained therein),
Industrial Development District or any of the following residentially related
uses:
[276] (.1) Churches,
monasteries, chapels, synagogues, convents, rectories, religious article,
religious apparel stores, residential homes, or apartment buildings, hotels or
Convention/Civic center;
(.2) Schools, up to and including the twelfth
(12th) grade, and their adjunct play areas;
(.3) Public playgrounds,
public swimming pools, public parks and public libraries.
(c) For the
purposes of this section, spacing distances shall be measured as
follows:
(.1) From all property lines of any "regulated use" in
section (3)
above;
[277] (.2) From
the outward line of boundary of all residential zoning district or Institutional
Development District;
(.3) From all property lines of any
residentially related use in (4)(b)(.1) through (.3) above;
and,
(d) Within any commercially zoned district, except for "C-6"
Commercial in which regulated uses shall be permitted, unless a Zoning Board of
Adjustment certificate is obtained;
and,
[278] (e) Within the
"L-4", "L-5", and "G-2" Industrial Districts unless a Zoning Board of Adjustment
certificate is obtained; within the "L-1", "L-2", "L-3", "G-1" and "Port
Industrial" Industrial Districts unless a Zoning Board of Adjustment variance is
obtained. In the "Least Restricted" Industrial District regulated uses shall be
permitted.
[279] (5)
Signs
and Other Visible Messages. All regulated uses shall be permitted signs and
visible messages based on the allowable sign area of the zoning district in
which they are located; provided:
(a)
Signs.
(.1) Sign
messages shall be limited to verbal description of material or services
available on the premises; and,
(.2) Sign messages may not include any
graphic or pictorial depiction of material or services available on the
premises.
(b)
Other Visible Messages.
(.1) Messages
which are visible or intended to be visible from outside the property (such as
on or within doors or windows) shall not display materials, items, publications,
pictures, films, or printed material available on the premises; or pictures,
films, or live presentation of persons performing or services offered on the
premises.
(6)
Discontinuance of Operations. Should any of the
regulated uses listed in (3)(a) through (i) above cease or discontinue operation
for a period of ninety (90) or more consecutive days, it may not resume, nor be
replaced by any other "regulated use" unless it complies with all the
requirements set forth in Section 14-1605(4) and (5)
above.
[280] (7)
Conflicting
Regulations. When the provisions of § 14-1605 conflict with other
provisions within this Title, the more restrictive provisions shall
control.
[281] (8)
Severability.
[282]
Each of the provisions of this ordinance is severable, and if any provision is
held invalid, the remaining provisions shall not be affected, but shall remain
in full force and effect.