• SECTION 100: SHORT TITLE

• SECTION 101: PURPOSE

• SECTION 102: SCOPE

• SECTION 103: APPLICATION

• SECTION 104: INTERPRETATION

• SECTION 200: PURPOSE OF COMMUNITY DEVELOPMENT OBJECTIVES

• SECTION 201: OVERALL GOAL
  
  201.1: Specific Objectives

• SECTION 300: ZONING DISTRICTS

300.1: Flood Plain Overlay Zoning District

300.2: Agriculture/Residential District

300.3: Rural/Residential District

300.4: Business-Highway Service District

300.5: Industrial District

• SECTION 301: BOUNDARIES OF ZONING DISTRICTS

301.1: Where a Zoning District boundary approximately follows a street or alley

301.2: Where a Zoning District boundary approximately parallels a street lot line or alley lot line

301.3: Where a Zoning District boundary approximately follows a lot line

301.4: Submerged Areas

301.5: Classification of Annexed Lands

301.6: Vacation of Public Ways

301.7: Where a Zoning District Boundary does not follow a physical feature lot line

• SECTION 500: PRINCIPAL, CONDITIONAL, AND SPECIAL EXCEPTION USES

• SECTION 501: ACCESSORY USES

• SECTION 502: PRINCIPAL PERMITTED USE PROVISIONS

502.1: Automobile Wrecking Yard (Junk Yard)

502.2: Bulk Storage & Distribution Facilities for Petroleum/Natural Gas Products

502.3: Car Wash

502.4: Fuel Service Stations

502.5: Kennels

502.6: Manufactured Home Park

502.7: Recreational Vehicle Park

502.8: Single-family dwellings and two family dwelling

502.9: Trucking Facilities

502.10 Wireless Telecommunication Facilities

• SECTION 503: PRINCIPAL CONDITIONAL USE PROVISIONS

503.1: Adult Entertainment Establishments

503.2: Group Homes

503.3: Multi-Family Dwelling

• SECTION 504: PRINCIPAL SPECIAL EXCEPTION USE PROVISIONS

504.1: Mineral Extraction

• SECTION 505: ACCESSORY USE PROVISIONS

505.1: Boarding Units, Lodging Units, Rooming Units, and Bed and Breakfast

505.2: Farm Stand

505.3: Home Businesses

505.4: Home Occupations

505.5: Parking and Loading Facilities

505.6: Service Facility

505.7: Signs

505.8: Storage of Inflammable Liquids

505.9: Walls, Fences, Lamp Post, and Similar Accessory Landscape Structures

• SECTION 600: AR - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS 

• SECTION 601: R-1 - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS 

• SECTION 602: B-1& I - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS

• SECTION 603: R-2 - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS

• SECTION 603: MHP - DENSITY, YARD, LOT, HEIGHT, & AREA REQUIREMENTS

• SECTION 700: Development Regulations for Any Non-Farm Related Residential Use 

700.1: Stormwater Management

700.2: Agricultural Considerations Article

700.3: Parking and Loading Regulations Article

700.4: Sign Regulations Article

• SECTION 701: Development Regulations for Any Multiple Family Residential Uses 

• SECTION 702: Development Regulations for Any Business/Commercial or Industrial 

702.1: Provisions of Use

702.2: Buffer and Screening Requirements for Any Business Use

702.3: Parking and Loading Regulations

702.4: Sign Regulations

• SECTION 800: PURPOSE

• SECTION 801: APPLICABILITY

• SECTION 802: COMPUTATIONS OF SIGNS

802.1: Computation of Area of Individual Signs

802.2: Computation of Area of Multifaced Signs

802.3: Computation of Height

• SECTION 803: PERMITTED PERMANENT SIGNS

Table 803: Signs and Requirements for Sign Type, Area, Dimensions and Location

• SECTION 804: TEMPORARY SIGNS ON PRIVATE PROPERTY

• SECTION 805: SIGN DESIGN, CONSTRUCTION AND MAINTENANCE STANDARDS

• SECTION 806: SIGN LOCATION AND DESIGN APPLICATION

806.1: Master Signage Plan

806.2: Actions on Sign Applications

• SECTION 808: SIGNS IN THE PUBLIC RIGHT-OF-WAY

808.1: Permanent Signs

808.2: Temporary Signs

808.3: Emergency Signs

808.4: Other Signs Forfeited

• SECTION 808: TERMINATION OF NON CONFORMING SIGNS

808.1: Removal of Non-Conforming Signs

808.2: Damaged or Destroyed Non-Conforming Signs

808.3: Signs Erected in Violation

808.4: Obsolete Signs

• SECTION 900: OFF-STREET PARKING/LOADING FACILITY REQUIREMENTS

900.1: New Use of a Structure and/or Land

900.2: Increase in Intensity of Use of a Structure and/or Land

900.3: Change in Use of Structure and/or Land

900.4: Size of Parking and Loading Spaces

900.5: Required Parking Spaces for Each Use

900.6: Required Loading Spaces

• SECTION 901: GENERAL PROVISIONS

901.1: Location of Required Parking Facilities

901.2: Location of Required Loading Facilities

901.3: Use of Required Parking and/or Loading Facilities by Another Use

901.4: Encroachment and Reduction

901.5: Off-Street Parking and Loading Spaces for Uses Not Specifically Mentioned

• SECTION 1000: SUPPLEMENTARY LOT AND YARD REGULATIONS

1001.1: Number of Principal Structures on a Lot

1001.2 Subdivision of Lot

1001.3: Yard, Width and Area Exceptions for a Lot of Record

1001.4: Determination of Yards and Minimum Distance to Lot Lines on Irregularly Shaped Lots

1001.5: Projection into and Occupancy of Yards or Other Open Spaces

1001.6: Porches, Carports, & Similar Attached Accessory Structures Whether Open/Enclosed

1001.7: Fences

1001.8: Visibility at Intersections and Driveways

• SECTION 1002: SUPPLEMENTARY HEIGHT REGULATIONS

1002.1: Height Measurement

1002.2: Height Regulations Not Apply

• SECTION 1003: TEMPORARY MANUFACTURED HOMES

• SECTION 1004: AGRICULTURAL DEED NOTATION

• SECTION 1100: INTENT AND STANDARDS

• SECTION 1101: NON-CONFORMING LOTS OF RECORD

• SECTION 1102: NON-CONFORMING USES OF LAND

• SECTION 1103: NON-CONFORMING STRUCTURES

• SECTION 1104: NON-CONFORMING USES OF STRUCTURES

• SECTION 1105: REPAIRS AND MAINTENANCE

• SECTION 1106: USES GRANTED UNDER SPECIAL EXCEPTION PROVISIONS

• SECTION 1200: OFFICE OF ZONING OFFICER

1200.1: Creation of Office

1200.2: Appointment

1200.3: Official Records

1200.4: Compensation of the Zoning Officer

• SECTION 1201: DUTIES AND POWERS OF THE ZONING OFFICER

1201.1: Permits and Certificates of Use and Occupancy

1201.2: Annual Report

1201.3 Right of Entry

1201.4: Registration of Non-Conforming Uses and Structures

• SECTION 1202: APPLICATION FOR PERMIT & CERTIFICATE OF USE & OCCUPANCY

1202.1: When Permit is Required

1202.2: When Permit is Not Required

1202.3: When a Certificate of Use and Occupancy is Required

1202.4: Forms of Application

1202.5: Plot Diagram

1202.6: Amendments to a Permit

1202.7: Expiration of Permits

• SECTION 1203: ACTION ON PERMITS & CERTIFICATES OF USE & OCCUPANCY

1203.1: Action on Permit Application

1203.2: Posting of Permit

1203.3: Revoking a Permit

1203.4: Action Upon Completion

• SECTION 1204: FEES

1204.1: Payment of Fees

• SECTION 1205: ENFORCEMENT NOTICE

• SECTION 1206: PROSECUTION OF VIOLATION

• SECTION 1300: CREATION, MEMBERSHIP AND ORGANIZATION

• SECTION 1301: JURISDICTION AND FUNCTIONS

• SECTION 1302: HEARINGS

• SECTION 1303: TERMINATION AND MODIFICATION OF PERMIT

1303.1: Termination of Permits

1303.2: Modification of a Permit

• SECTION 1304: PARTIES APPELLANT BEFORE THE BOARD

• SECTION 1305: APPLICATIONS AND FEES

• SECTION 1306: SPECIAL EXCEPTIONS

1306.1: Other Principal Uses Not Explicitly Permitted Within a Zoning District

1306.2: For the Modification of Off-Street Parking and Loading Facility Requirements

1306.3: Mineral Excavation Regulations

• SECTION 1400: PROCEDURE FOR AMENDMENTS

• SECTION 1500: ZONING APPEALS

• SECTION 1600: SEVERANCE

• SECTION 1700: REPEAL OF THE 1987 ZONING ORDINANCE

• SECTION 1800: GENERAL INTERPRETATION

• SECTION 1801: DEFINITION OF TERMS

• SECTION 1900: EFFECTIVE DATE

• SECTION 2000: CERTIFICATION

This ordinance shall be known as the "Clark Borough Zoning Ordinance" hereinafter referred to as the "Zoning Ordinance".

The official map showing zoning districts and boundaries shall be known as the "Clark Borough Zoning Map" copies of which shall be retained by the Borough Zoning Officer and the Borough Secretary. The map included herein is a reproduction of the official map and for reference only.

The regulations of the "Zoning Ordinance" are made in accordance with the following purpose:

(1) to lessen congestion on the streets and highways;

(2) to secure safety from fire, panic and other dangers;

(3) to promote health and general welfare;

(4) to provide adequate light and air;

(5) to prevent the overcrowding of land;

(6) to avoid undue congestion of population;

(7) to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements;

(8) to protect and enhance the value of land;

(9) to encourage yet control new development and growth in the Borough.

Such regulations are also made with reasonable consideration to the character of the districts hereinafter set forth and their suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Borough.

In applying the provisions of the Zoning Ordinance, they shall be held to be the minimum requirements as they shall apply to the use, and/or occupancy of all buildings, other structures and/or lots. Where the Zoning Ordinance imposes greater restrictions than those of any statute, other ordinance or regulations, the provisions of the Zoning Ordinance shall be controlling. The Zoning Ordinance is not intended to interfere with any covenant or other agreement between private parties. However, where the Zoning Ordinance imposes greater restrictions than those imposed by any such easement, covenant or agreement, the provisions of the Zoning Ordinance shall govern. Where any such easement, covenant or other agreement imposes greater restrictions than those imposed by the Zoning Ordinance, those shall govern.

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This article shall serve as the statement of community development objectives for the Clark Borough Zoning Ordinance as required by Section 606 of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended). The Zoning Ordinance reflects the policy goals of the Borough as stated in the following community development objectives and has been developed as a legislative and administrative tool of the Borough to implement said objectives.

Maintain small town atmosphere.

Assure infrastructure and land use planning are coordinated.

Avoid conflicts between incompatible land uses.

Encourage land use patterns which preserve and set aside open space.

Promote public roadways throughout the Borough.

(1) Attract planned business and residential development.

(2) Provide appropriate amounts of land for commercial and light industrial development.

(3) Require safe, clean, quiet, and aesthetic commercial and light industrial development.

(4) Encourage the development of locally owned business.

Advance the amount of municipal-owned property.

Assure all land uses have safe and efficient public access and infrastructure.

Advocate development patterns that do not contribute to traffic congestion.

Maintain low levels of non-farm development in thriving agricultural areas.

Discourage the development of environmentally sensitive areas.

Promote the conservation of natural resources.

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Clark Borough is hereby divided into the following six Zoning Districts:

 

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The Manufactured Housing Park District is provided to encourage the development of a quality single-family residential district. Development in the Borough's Manufactured Housing Park Zoning District shall conform to the Manufactured Housing Park Regulations, as outlined in Article VII, of the Mercer County Subdivision and Land Development Regulations, as amended.

 

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502.1: Automobile Wrecking Yard (Junk Yard)

(1) Shall comply with the additional requirements of Clark Borough Ordinance NO. 1-1984, Clark Borough Junk Yard, Salvage Yard, and Refuse Ordinance.

502.2: Bulk Storage & Distribution Facilities for Petroleum/Natural Gas Products or by-products

(1) It shall be approved by the Fire Chief and the Commonwealth of Pennsylvania.

(2) It shall not be located within two hundred (200) feet of any lot line in any Residential District, or within thirty (30) feet of any adjoining lot line.

(3) The area shall be enclosed on all sides by a fence or wall not less than six (6) feet high and maintained in good condition.

502.3: Car Wash

(1) Sufficient off-street parking for waiting cars shall be provided.

(2) Separate entrance and exit facilities shall be provided.

(3) No entrance or exit shall be located closer than one hundred (100) feet from the intersecting right-of-way lines of road intersections.

(4) An area of at least eight hundred (800) square feet beyond the exit end of the washing structure shall be provided for drying and other finishing operations.

(5) Entrance and exit drives, parking areas, and drying areas shall be hard-surfaced and dust free.

(6) Car washes, including drives, parking areas, and drying areas, shall not be located within one hundred (100) feet of any Residential Zoning District.

(7) Prior to the Zoning Officer issuing a permit for a Car Wash, a detailed site plan illustrating the above requirements shall be submitted.

502.4: Fuel Service Stations

(1) Such establishments intended to serve solely the trucking industry shall be prohibited.

(2) Automotive repair may be permitted only as an incidental use to a gasoline service station.

(3) Such establishments shall not be located within one hundred (100) feet of a boundary line of any Residential Zoning District.

(4) Means of ingress and egress shall be located no closer than one hundred (100) feet from the intersecting right-of-way lines of road intersections.

(5) Access drives shall not exceed thirty-five (35) feet in width within ten (10) feet of the street right-of-way line.

(6) Access drives shall not exceed two per lot on any one street frontage.

(7) Storage tanks must comply with all applicable State regulations.

502.5: Kennels

All such animals shall be housed indoors except that runs may be provided outdoors.

Any structure housing such animals must be located at least fifty (50) feet from any side or rear property line, including fenced dog runs and must meet the front yard setback of principal buildings.

Screening shall be provided where adjacent to residential use. Suitable screening can be either a thick hedge, or a solid fence or wall six (6) feet to eight (8) feet in heights.

502.6: Parking Lot, Parking Structure and Loading Facilities for Public use

Shall also conform to the standards outlined in Article IX.

There shall not be any vehicle parked within fifteen (15) feet of the property line of any residential use.

Where any parking lot abuts a property in residential use, screening shall provided. Suitable screening can be either a thick hedge, or a solid fence or wall six (6) to eight (8) feet in height

There shall not be any automotive repair facility located on the lot or any automotive repairs made on any vehicles located thereon.

There shall not be any storage of material, junk, or any equipment on the lot.

There shall not be any vehicle parked in front of the front or side street building line.

502.7: Single-family Dwellings

(1) All single-family detached dwellings, as defined in Article XVIII, shall be constructed on a permanent foundation made of concrete or other permanent material whose footing extends below the frost line and encompasses the entire perimeter of the dwelling. In the case of Manufactured Homes, they shall be securely placed upon the foundation, as per the manufacturer's instructions.

(2) When an open air space between the dwelling and its foundation and/or ground occurs, the space shall be enclosed by a continuous material.

(3) Manufactured homes, as defined by this Ordinance, are permitted in any residential Zoning District, provided:

(a) They comply with the U.S. Department of Housing and Urban Development’s (HUDs) Manufactured Housing Standards, The National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq.; 24 CFR Part 3280 and Part 3282.

The manufactured home must have been constructed after July 15, 1976 and contain the manufactures certification -- RED LABEL -- that the home is built in accordance with HUD’s construction and safety standards. HUD standards cover Body and Frame Requirements, Thermal Protection, Plumbing, Electrical, Fire Safety and other aspects of the home.

All Dwellings shall contain at least 1,000 square feet of living area per dwelling unit.

502.8: Trucking Facilities, the following types of trucking facilities are a permitted principal use in the Industrial Zoning:

(1) Motor freight terminals.

(2) Truck service facilities such as facilities for the sale of petroleum products (primarily to the trucking industry) and facilities for repair and maintenance service.

(3) Motor freight relay stations.

(4) Refueling and service facilities for motor freight carriers privately owned by trucking companies.

(5) Truck stops, i.e., separate or integrated facilities providing eating and/or sleeping accommodations, refueling facilities, and minor repair or service facilities.

(6) Other related facilities, whose basic function is to serve the trucking and motor freight industry.

502.9: Wireless Telecommunication Facilities

(1) Definitions: It is the purpose of this subsection, together with its subparagraphs to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist any interpretations of said provisions and to insure uniformity of application. The following definitions are intended to supplement the definitions contained in Article XVIII.

(a) Communication Antenna: Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omni-directional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. The definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.

(b) Communication Equipment Building: An unmanned building or cabinet containing communications equipment required for the operation of Communications Antennas and covering an area on the ground not greater than 250 square feet.

(c) Communication Tower: A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support Communication Antennas.

(d) Height of a Communication Tower: The vertical distance measured from the ground level to the highest point on a Communication Tower, including antennas mounted on the tower.

(e) Public Utility Transmission Tower: A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.

(f) Structure: Any thing built, constructed or erected which requires location on the ground or attachment to something located on the ground.

(g) Essential Services: The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems an their essential buildings, excluding Communication towers and Communications Antennas, as defined herein.

(2) Permitted Types of Wireless Telecommunication Facilities in the Borough Zoning Districts:

 

(3) Regulations governing Communication Antennas and Communications Equipment Buildings:

(a) Building mounted Communication Antennas shall not be located on any single-family, two-family or multi-family dwelling.

(b) Building mounted Communication Antennas shall be permitted to exceed the height limitations of the applicable Zoning District by no more than twenty (20) feet.

(c) Omnidirectional or whip Communications Antennas shall not exceed twenty (20) feet in height and seven (7) inches diameter.

(d) Directional or panel Communication Antennas shall not exceed five (5) feet in height and three (3) feet in width.

Any applicant proposing Communications Antennas to be mounted on a Building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the Building or other Structure, considering wind and other loads associated with the antenna location.

(f) Any applicant proposing Communication Antennas to be mounted on a Building or other Structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the Structure for review by the Borough Zoning Officer for compliance with Clark Borough’s Zoning Ordinance.

(g) Any applicant proposing Communication Antennas to be mounted on a Building or other Structure shall submit to the Zoning Officer evidence of agreements and/or easements necessary to provide access to the Building or Structure on which the antennas are to be mounted so that installation and maintenance of the antennas and Communications equipment Building can be accomplished.

(h) Communication Antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

(i) Communication Antennas shall not cause radio frequency interference with other communications facilities located in Clark Borough, Mercer County.

(j) A Communication Equipment Building shall be subject to the height and setback requirements of the applicable Zoning District for an accessory structure.

(k) The owner or operator of Communications Antenna shall be licensed by the Federal Communications Commission to operate such antennas.

503.1: Adult Entertainment Establishments

(1) Purpose and Legislative Intent: The location of adult entertainment establishments is of vital concern to the Borough Council of Clark Borough especially when the location is in or near areas where minors may learn, play, pass by or would be exposed to the advertising, window displays or general atmosphere accompanying the operation. Thus, it is a firm belief of the legislative body that it has a vital duty and role to protect the moral fiber and standards of Borough residents, in particular the minors of the community. Borough Council in enacting these regulations relative to adult entertainment establishments exercise the power which has been granted to them. The Borough Council do not attempt or intend to absolutely prohibit adult entertainment establishments in the Borough but rather seek to regulate matters to promote, protect and facilitate the public health, safety, morals and general welfare of all of the residents of Clark Borough.

(2) Definitions: It is the purpose of this subsection, together with its subparagraphs to provide clear and concise definitions of those words, terms and phrases most commonly utilized in the provisions of these regulations in order to assist any interpretations of said provisions and to insure uniformity of application. It is intended that the following words, terms and phrases, whenever used, shall be construed as defined in the following subsections and subparagraphs unless from the context a different meaning is clearly intended. The following definitions are intended to supplement the definitions contained in Article XVIII:

(A) For the purpose of this Article, adult entertainment establishments" are defined as follows:

Adult Bookstore - Any establishment having as a substantial or significant portion (25% or greater) of its stock in:

(a) books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;

(b) instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult cabaret - (1) An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (2) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.

Adult mini motion picture theater -An enclosed or unenclosed building with a capacity of more than five (5) but less than fifty (50) persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

Adult model studio - A motel or similar establishment, offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or descriptions of specified sexual activities or specified anatomical areas.

Adult motel - A motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or descriptions of specified sexual activities or specified anatomical areas.

Adult motion picture arcade - An enclosed or unenclosed building with a capacity of fifty (50) or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture theater - An enclosed or unenclosed building with a capacity of fifty (50) or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation are which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

Bath House - An establishment or business which provides the services of baths of all kind, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner for the purpose of this Ordinance shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

Body painting studio - Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.

Massage Parlor - Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Out call service activity - An establishment or business which provides an Out call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

Sexual encounter center - Any business, agency or person who, for any form of consideration or gratuity, provides a place where two (2) or more persons, not all members of the same family may congregate, assemble, or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical area, excluding psychosexual workshops, operated by a medical practitioner as defined below, licensed by the Commonwealth, to engage in sexual therapy.

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(B) "Specified anatomical areas" as used herein shall mean and include any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae, or;

(2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(C) "Specified sexual activities" include the following:

(1) showing of human genitals in a state of sexual stimulation or arousal;

(2) acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio, cunnilingus, or any other specified sexual activity prohibited by law;

(3) fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

(3) Minimum Spacing and Proximity Requirements:

(A) No adult entertainment shall be located within 1,000 feet of any other adult entertainment establishment.

(B) No adult entertainment establishment shall be located within specified distances of certain land uses as set forth below:

(1) No such establishment shall be located within 1,000 feet of a dwelling.

(2) No such establishment shall be located within 5,000 feet of schools, including public and private educational facilities, and school bus stops;

(3) No such establishment shall be located within 1,000 feet of any parcel of land which contains any one or more of the following specified land uses:

• Amusement park;

• Camp (for minors activities);

• Child care facility;

• Church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

• Community center;

• Muse