Bern Township City Zoning Code
ARTICLE IX
GI General Industrial District
§ 184-54 Purpose.
It is the purpose of this district to provide an area in which a variety of industrial uses may be locate, provided that they will not adversely affect the public health, safety and general welfare of the residents and inhabitants of the Township. To accomplish this, specific performance standards are established. In addition, certain land uses are permitted, provided that a conditional use is secured.
§ 184-55 Applicability.
In a GI District, the following regulations shall apply.
§ 184-56 Permitted uses.
A.
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
All uses as permitted by right in § 184-46A(1) through (8), LI District.
[Amended 6-17-2003 by Ord. No. 204-2003]
(3)
Adult businesses - uses that are restricted to adults only, subject to the following:
[Amended 4-12-2000 by Ord. No. 186-2000]
(a)
No materials offered for sale, rent, lease, loan or for view on the premises shall be visible from any door, window or exterior of the building or structure nor shall they be displayed or exhibited outside of a building or structure.
(b)
No persons under the age of 18 years shall be permitted within an adult business.
(c)
No unlawful sexual activity or conduct shall be permitted.
(d)
Not more than one such use shall be permitted within any one building or lot.
(e)
No sign on the premises shall pictorially depict or give the visual representation of the type of materials, merchandise or film offered therein.
(f)
Any portion of a building or structure used as an adult business shall be windowless or have an opaque covering over all windows and doors.
B.
In addition, the following uses are permitted by conditional use only by the Township Supervisors in accordance with § 184-210 of this chapter.
[Amended 4-12-2000 by Ord. No. 186-2000]
(2)
Sanitary landfill, subject to the Bern Township Landfill Ordinance ________ adopted _______________ and all current regulations of the Pennsylvania Department of Environmental Protection.
(3)
Surface mining activities, subject to:
(a)
The filing with the Township of a copy of a complete and detailed plan for the reclamation of the land affected, which has been filed by the operator and has received approval of any and all Commonwealth of Pennsylvania and federal governmental agencies having regulatory jurisdiction over such matters. All copies of amendments and supplements thereto shall thereafter be filed with the Township. Said plans shall show or describe the following:
[1]
The use to which the land was put prior to the commencement of surface mining.
[2]
The use which is proposed to be made of the land following reclamation.
[3]
The manner in which topsoil and subsoil will be conserved and restored.
[4]
Where the proposed land use so requires, the manner in which compaction of the soil and fill will be accomplished.
[5]
A complete planting program.
[6]
A timetable for the accomplishment of each major step in the reclamation plan.
[7]
A reclamation bond, which shall be submitted to the Township in accordance with Township bond requirements.
(b)
The periodic filing with the Township of copies of any and all reports which set forth the current status of reclamation work performed and activities undertaken to implement stormwater management and erosion and sediment control plans which the operator is required to file with the aforesaid governmental agencies. When verified in writing by the governmental agency or body having jurisdiction, a noncompliance with any approved reclamation plan, erosion and sediment control plan or stormwater management plan shall be grounds for issuance of a stop order under § 184-199 of this chapter, until such noncompliance is corrected.
(c)
An erosion and sediment control plan and a stormwater management plan shall be submitted to and approved by the Township Supervisors. Such plans shall be designed to prevent adverse effects from water runoff, erosion and sedimentation on adjoining streams, properties and streets and the stagnation of water. Any plans submitted to and approved by the aforesaid governmental agencies shall be received in lieu of such plans if they have been prepared to cover such subject matter.
(d)
A plan indicating the location and proposed construction materials used on roadways within the property lines of the mining operations which will be used by trucks entering and leaving the site shall be submitted to the Township Supervisors. The plan shall state that all such roadways shall be maintained and constructed by the operator so that trucks leaving the mining operation will not deposit any amount of mining products, dirt, mud or other such substance on public roads.
(e)
No surface mining operations which will result in the creation of an elevation difference in excess of 10 feet between the surface of the mine and any adjacent property or public road shall be carried out within 200 feet of such a property, nor within 200 feet of such public road.
(f)
No storage of products, by-products, overburden or cover material shall be permitted to reach a height in excess of 35 feet. No such storage shall be permitted within 150 feet of a property line of the mining operation or a public road.
(g)
All blasting operations shall conform with the regulations enforced by the aforesaid agencies of the Commonwealth of Pennsylvania and the federal government. Blasting shall not be permitted on Sundays and legal holidays. Notice of all blasting operations shall be given to the Township and the occupants of all properties within a radius of 3/4 of a mile of the location of blasting at least 24 hours prior to the commencement of blasting.
(h)
All other state and federal requirements pertaining to surface mining activities, air pollution and noise shall be complied with. When a license is required from the state, a copy of such license shall be filed with the Township along with evidence that any bond required for completion of the reclamation plan has been filed with the state.
(i)
The minimum lot size for any surface mining operation shall be 10 acres.
(j)
No operations shall be carried out on Sundays or legal holidays, nor between the hours of 6:00 p.m. and 8:00 a.m.
(k)
Planting screens to screen mining operations from adjoining exclusively residential properties shall be placed along the property lines of the mining operation.
(l)
Removal of materials from the site shall be done in such a manner that no spillage will be deposited on any public road or other properties.
(m)
Crushing and processing operations of the minerals, rock and other products of the earth mined on the premises shall be permitted so long as the physical or chemical properties of the same are not changed and so long as such crushing and processing operations do not involve the manufacture of cement or concrete, asphalt materials and products or any other form of manufacturing or fabrication.
(n)
No substance which can harm persons, animals, vegetation or other forms of property shall be dispersed beyond the property lines of the mining operations.
(o)
When required by the Township Board of Supervisors, a hydrologic study shall be submitted to the Township, which shall indicate the impact of the surface mining activity on groundwater supplies and quality in the area of operations. Surface mining activities shall not endanger groundwater levels and quality in the area, nor adversely affect groundwater supplies of nearby properties. Any surface mining operator who affects a public or private water supply by contamination or diminution shall restore or replace the affected supply with an alternate source of water adequate in quantity and quality for the purposes served by the supply.
(p)
"Surface mining" shall be defined as the extraction of minerals, rock and other products of the earth by activities conducted upon the surface of the land which require the removal of the overburden, strata or material overlying, above or between the minerals, rock or other products of the earth or by otherwise exposing and retrieving the minerals from the surface. Mining activities carried out beneath the surface by means of shafts, tunnels or other underground mining openings are not included in this definition.
(q)
All surface mining activities shall be adequately fenced for security purposes. The height and materials of said fencing shall be approved by the Township Supervisors.
[Amended 6-17-2003 by Ord. No. 204-2003]
(r)
The surface mining operation shall be subject to all fees and escrows that the Township of Bern may set by resolution, including but not limited to inspection fees, tonnage fees, and escrows for repair of damage to public roads or clean up of public roads.
[Added 6-17-2003 by Ord. No. 204-2003]
(4)
Waste or refuse recycling activities, subject to the following:
(a)
All materials shall be stored inside a building.
(b)
Gasoline, oil or other flammable or toxic substances shall be removed from any recyclable materials or other items stored in the premises. Such liquid shall be removed and disposed of in a proper manner and shall not be deposited on or into the ground.
(c)
No material shall be burned on the premises.
(d)
No garbage or other waste liable to give off a foul odor or attract vermin or insects shall be kept on the premises.
(e)
The facility shall conform to the regulations of the Pennsylvania Department of Environmental Protection.
(f)
Waste of a hazardous nature shall not be handled at the facility.
(6)
Mini self storage units, subject to:
(a)
Off-street parking spaces shall be provided at the rate of one space per each employee, plus four additional spaces if an office is provided.
(b)
In addition to the parking spaces required by the preceding subsection, parking shall be provided by parking driveway lanes adjacent to the buildings. These lanes shall be at least 24 feet wide.
(c)
Required parking spaces may not be rented as, or used for, vehicular storage. However, additional external storage area may be provided for the storage of privately owned travel trailers and/or boats, so long as such external storage area is screened from adjoining residentially zoned land, parcels on which a residence exists and adjoining local roads, and is located behind the minimum yard setback lines. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked or inoperative vehicles.
(d)
All storage shall be kept within enclosed buildings. Storage of flammable, highly combustible, explosive or hazardous chemicals shall be prohibited. Any fuel tanks and/or machinery or other apparatus relying upon such fuels shall only be stored in an external storage area as described above.
(e)
Because of the danger from fire or explosion caused by accumulation of vapors from gasoline, diesel fuel, paint, paint remover and other flammable materials, the repair, construction or reconstruction of any boat, engine, motor vehicle or furniture is prohibited.
(f)
No door openings for any mini self storage unit shall be constructed facing any adjoining residentially zoned property, or any adjoining property on which a residence exists, unless such door opening is screened from view of the adjoining residentially zoned property or adjoining property on which a residence exists in accordance with § 184-148 of this chapter.
(g)
Mini self storage units shall be used solely for the storage of property.
[1]
The following lists examples of uses expressly prohibited upon the site:
[a]
Auctions, wholesale or retail sales or garage sales;
[b]
The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment;
[c]
The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns,or similar equipment;
[d]
The establishment of a transfer and storage business; and
[e]
Any use which may be noxious or offensive because of odors, dust, noise, fumes or vibrations.
[2]
The applicant shall adequately demonstrate that all mini self storage unit rental and/or use contracts specifically prohibit these uses.
(h)
The minimum distance between buildings containing storage units shall be 24 feet.
(i)
Any refuse area shall be screened from adjoining properties.
(j)
All areas on the site not covered by pavement or structures shall be planted with turf and with deciduous and/or coniferous plant materials. A landscaping plan, indicating the type and location of the proposed plantings, shall be included in the site development plan and shall be submitted to the Township for review. All plantings shall be maintained in good condition by the property owner.
(7)
Wireless communications facilities, subject to § 184-177.1 of this chapter.
[Added 8-4-2015 by Ord. No. 298-2015[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection C, added 2-1-2000 by Ord. No. 184, which permitted communications antennas, communications towers, and communications equipment buildings as special exception uses.
(8)
Grower/processor facility in accordance with the use restrictions described in § 184-153.1C.
[Added 11-6-2017 by Ord. No. 309-2017]
(9)
Medical marijuana delivery vehicle office in accordance with the use restrictions described in § 184-153.1D.
[Added 11-6-2017 by Ord. No. 309-2017]
§ 184-57 Lot area.
[Amended 4-12-2000 by Ord. No. 186-2000; 6-17-2003 by Ord. No. 204-2003]
The minimum lot area for a permitted use with public water and sewer facilities shall be two acres. The minimum lot area for a permitted use with public water facilities or public sewer facilities shall be two acres. The minimum lot area in all other cases shall be five acres.
§ 184-58 Yards.
[Amended 4-12-2000 by Ord. No. 186-2000]
The minimum side and rear yards shall be 50 feet. The minimum front yard shall be 100 feet measured from the street line. The minimum distance between buildings on a lot shall be 50 feet.
§ 184-59 Height.
The maximum building height shall be 35 feet.
§ 184-60 Lot dimensions.
The minimum lot width at the building setback line shall be 150 feet. The minimum lot width at the street line shall be 100 feet.
§ 184-61 Coverage.
[Amended 4-12-2000 by Ord. No. 186-2000]
At least 40% of the lot shall be maintained as open area.
§ 184-62 Special design requirements.
A.
No paving other than driveways shall be located within 20 feet of the street line.
B.
Along each side and rear property line which abuts a residential district boundary line or an existing residential use, an open area not less than 100 feet in width shall be provided. In a similar manner where a tract of land zoned GI abuts an existing street and the land on the opposite side of the street is zoned residential or a residential use exists, a minimum open area of 100 feet shall be provided along the street right-of-way. The 30 feet of such open area nearest the property line or street line or district boundary line shall contain a screen according to the definitions found in § 184-5. The minimum parking setback shall be 30 feet.
[Amended 6-17-2003 by Ord. No. 204-2003; 12-7-2021 by Ord. No. 333-2021]
C.
Each use shall comply with the applicable parking standards found in § 184-156. In addition, sufficient land area shall be reserved to accommodate one parking space for every 1 1/3 employees based on the future needs of the proposed use.
D.
Each use shall comply with the Storm Drainage District Ordinance No. 131,[1] the storm drainage design standards found in the Subdivision and Land Development Ordinance[2] for the Township of Bern, as well as the Flood Plain District Ordinance No. 59-1980 and No. 61-1980.[3]
[Amended 4-12-2000 by Ord. No. 186-2000]
F.
Where greater setbacks are established in § 184-147, or elsewhere in this chapter, regarding accessory buildings, structures and uses, such greater setbacks shall apply.
[Added 4-12-2000 by Ord. No. 186-2000]
G.
Any building facade which faces a patron parking area, street or other space used or viewed by the public shall be provided with decorative facade treatment, architecturally integrated with all other building faces.
[Added 4-12-2000 by Ord. No. 186-2000]
H.
Site models and/or graphic portrayals, providing a clear perspective of the relationship of the proposed development to the site and its visual impact on adjacent properties, shall be submitted to the Township.
[Added 4-12-2000 by Ord. No. 186-2000]
§ 184-63 Performance standards.
Each use shall comply with the performance standards contained within § 184-153.