Post by Venter on Nov 19, 2013 12:32:44 GMT -5
Just READING this Public Notice made my pants tight! 
It should have been titled: "Pubic Notice".
(italics and bold were added by me)
Biglerville Borough Public Notice:
It should have been titled: "Pubic Notice".
(italics and bold were added by me)
Biglerville Borough Public Notice:
NOTICE NOTICE IS HEREBY GIVEN that the Borough Council of the Borough of Biglerville, Adams County, Pennsylvania has scheduled the public hearing for the approval of the text for that would regulate the Zoning Ordinance within the Borough of Biglerville. The public hearing will be held on December 3, 2013 at 6:45 p.m. at 33 Musselman Avenue, Biglerville PA. If all necessary comments and reviews have been received the Biglerville Borough Council will deliberate and vote on this ordinance at their regular meeting to be held on December 3, 2013 at 7:00 p.m. at the Biglerville Borough Office, 33 Musselman Avenue, Biglerville, PA. ORDINANCE NO. 2013 - _____ AN ORDINANCE OF BOROUGH OF BIGLERVILLE, ADAMS COUNTY, PENNSYLVANIA AMENDING CHAPTER 27 (Zoning) OF THE BIGLERVILLE BOROUGH CODE OF ORDINANCES TO: ESTABLISH SPECIFIC CRITERIA FOR ADULT BUSINESSES AS A CONDITIONAL USE IN THE INDUSTRIAL ZONE (I). BE IT ENACTED AND ORDAINED by the Council of the Borough of Biglerville, Adams County, Pennsylvania as follows: Section 1. \c27-202 - Part 2 "Rules of Interpretation and Definition of Terms", Section 27-202 "Definition of Terms" is hereby amended by the addition of the following definitions: ADULT BUSINESS An establishment open to the general public or a private club open to members, except minors, which is used and occupied for one or more of the following activities. ADULT BOOKSTORE Any establishment which derives a substantial and significant portion of its gross receipts from the sale, distribution or exhibition of any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure, audio or videotape or motion picture which is pornographic under the meaning ascribed to the word by this section and which expressly prohibits entry to minors. ADULT THEATER Any establishment operated for the purpose of showing motion picture films to patrons, whether such patrons observe the motion picture film while seated in the interior of the building or while seated in automobiles, which derives a substantial and significant portion of its gross receipts from the exhibition of films which are pornography under the meaning ascribed to that term in this section and which expressly prohibits entry to minors unless accompanied by an adult. MASSAGE PARLOR Any establishment where any part of the patrons' bodies are massaged, caressed, stroked, pounded, rubbed or treated in a similar fashion by members of the opposite sex, whether or not such activity involves the use of oils, creams, liniments, ointments or similar substances. NUDITY The showing of the human male or female genitals or pubic area or buttocks with less than a fully opaque covering or the showing of female breast with less than fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state. OTHER ADULT USES Any establishment in which conduct, activity or the sale, distribution or exhibition of printed or drawn material which is pornography within the meaning ascribed to that work in this section is the source of a substantial and significant portion of gross business receipts, Such "other adult uses: shall include, but not be limited to, nude wrestling, male or female erotic dancers or strippers and escort centers. SEXUAL CONDUCT Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast. SEXUAL EXCITEMENT The condition of human male or female genitals when in a state of sexual stimulation or arousal. Section 2. \c27-202 - Part 2 "Rules of Interpretation and Definition of Terms", Section 27-202 "Definition of Terms" is hereby amended by substitution for the definition of "Conditional Use" to read as follows: CONDITIONAL USE A use permitted in a particular zoning district pursuant to the provisions of this chapter. Such approval may be subject to express standards and criteria or additional conditions and safeguards as are deemed necessary by Borough Council. Section 3. \c27-202 - Part 2 "Rules of Interpretation and Definition of Terms", Section 27-202 "Definition of Terms" is hereby amended by substitution for the definition of "Renewable Energy Source Use" to read as follows: RENEWABLE ENERGY SOURCE Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes. Section 4. \c27-202 - Part 2 "Rules of Interpretation and Definition of Terms", Section 27-202 "Definition of Terms" is hereby amended by substitution for the definition of "Pornographic" to read as follows: PORNOGRAPHIC Appealing to the prurient interest, as in pornographic materials. Materials described as pornographic may be literature, books, magazines, pamphlets, newspaper, story paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other material which: (1) Depicts or describes in a patently offensive manner, sexual conduct, sexual excitement or sadomasochistic abuse or (in the case or articles or instruments) is designed to intended for use in achieving artificial sexual stimulation. (2) Taken as a whole, Appeals to the prurient interest. (3) Taken as a whole does not have serious literary, artistic, political or scientific value. Section 5. \c27-803 - Part 8 "Industrial District", Section 27-803 "Uses Permitted by Conditional Use" is hereby amended by the addition of "Adult Businesses": 4. Adult Businesses. Section 6. \c27-916 - Part 9 "Supplemental Provisions", Section 27-916.C "Parking and Loading" is hereby amended by addition to read as follows: (6) Adult Businesses - One space for every employee on the largest shift; plus additional spaces as required during the Conditional Use Hearing by the Borough Council. The developer will need to provide a study to show the amount of parking needed for the business type. Section 7. \c27-1021 - Part 10 "Standards and Criteria for Conditional Uses" is hereby amended by addition to read as follows: 7-1021. Adult Businesses A. The property building or lot of such business shall not be located within 100 feet of any residence, residential use or residential zoning district (including the Transitional Residential\ Commercial District) B. The property building or lot of such business shall not be located within 100 feet of any religious structure, public recreation facility, school facility, daycare center or public library. C. The lot of such business shall not be located within 500 feet of another adult oriented business. (1) The distance between any two (2) adult-related uses shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each use. The distance between any adult-related use and any land use specified above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult-related use to the closest point on the property line of said land use. D. No material, merchandise, film or service offered for sale, rent, lease, and loan or for view shall be exhibited, displayed or graphically represented outside of a building or structure or that can be seen from the exterior of the building. (1) Any building or structure used and occupied as an adult-related use shall be windowless, or have an opaque covering over all windows or doors of any area in which materials, merchandise, or film are exhibited or displayed, and no sale materials, merchandise, or film shall be visible from outside of the building or structure. (2) No sign shall be erected upon the premises depicting or giving a visual representation of the type of materials, merchandise, film, service or entertainment offered therein. E. Each and every entrance to the structure shall be posted with a notice of at least four (4) square feet that the use is an adult regulated facility restricting persons under the age of eighteen from entrance. F. No unlawful sexual activity or conduct shall be performed or permitted. G. The following shall be prohibited: Any use or activity prohibited by Section 5903 of the Pennsylvania Crimes Codes as amended and further defining the offense of obscenity, redefining obscene and further providing for injunctions. H. No adult-related use may change to another adult-related use, except upon approval of an additional Conditional Use Hearing. I. The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate. J. No more than one (1) adult-related use may be located within one (1) building or shopping center. K. Any other conditions by the Borough Council during the Conditional Use Hearing. Section 8. The sections and subsections of this Ordinance are severable. Should any section or subsection be declared by a final order of a court with jurisdiction to be invalid, the remaining sections shall be enforceable as if the invalid portion or portions had not been included. Section 9. This amendment shall take effect immediately. ENACTED AND ORDAINED this ______ day of ______________, 2013. BIGLERVILLE BOROUGH BOROUGH COUNCIL ____________________________ PRESIDENT ____________________________ VICE - PRESIDENT ATTEST: _______________________ SECRETARY
Appeared in: Gettysburg Times on Tuesday, 11/19/2013
Appeared in: Gettysburg Times on Tuesday, 11/19/2013
