Chester Heights City Zoning Code
ARTICLE XIV
Limited Industrial Districts
§ 185-79 Applicability.
In a Limited Industrial District the following regulations shall apply.
§ 185-80 Purpose.
The Limited Industrial District is designed primarily to make special provision for modern industrial development which is appropriate in selected locations. Among other things, Limited Industrial Districts are intended to:
§ 185-81 Use regulations.
A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes, and no other:
A.
Administrative, executive or professional office.
B.
Industrial research laboratories.
C.
Manufacture, compounding, processing, assembly, treatment and packaging of such products as cosmetics, clocks and watches, electrical or electronic devices, jewelry, optical, paper products (exclusive of the manufacture of paper), pharmaceutical, plastics, professional and scientific instruments, textiles, and toys.
D.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses.
E.
Medical marijuana grower/processor.
[Added 4-25-2022 by Ord. No. 211]
(1)
Purpose. The purpose and intent of this subsection is to regulate the growing and processing of medical marijuana in strict compliance with the MMA[1] while promoting the health, safety, morals, and general welfare of the residents and businesses within the Borough.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2)
Marijuana growing prohibited. All marijuana growing or processing is prohibited within Chester Heights Borough, except as expressly permitted by special exception under this subsection.
(3)
Indoor medical marijuana cultivation. Indoor medical marijuana growing is permitted in the Borough only as expressly specified in this subsection.
(a)
Indoor medical marijuana growing and processing shall only be allowed upon application and issuance of a grower/processor permit issued by the Commonwealth of Pennsylvania and approval of special exception approval by the Borough in accordance with the criteria and process set forth herein.
(b)
Indoor medical marijuana growing and processing is a use permitted only by special exception on properties located within the Limited Industrial Zoning District.
(c)
Indoor medical marijuana growing facilities may be located within the same building or structure as a medical marijuana processing facility only if the indoor medical marijuana growing facility is in separate rooms of the building or structure and only if the indoor medical marijuana growing facility has its own separate entrance into the building or structure.
(d)
Indoor medical marijuana growing/processing is allowed only within fully enclosed and secure stand-alone structures. A medical marijuana grower/processor shall not be located within 1,000 feet of any public, private or parochial schools or day-care centers. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the grower/processor is located to the closest property line of the protected district or use, regardless of the municipality in which it is located.
(e)
Indoor medical marijuana growing/processing shall not exceed the square footage authorized pursuant to the grant of the special exception.
(f)
From any public right-of-way, there shall be no visible exterior evidence of any indoor medical marijuana growing or processing facility.
(g)
Indoor medical marijuana growers/processors must comply with all requirements set forth in the MMA.
(h)
There is no set restriction on the hours of operation of indoor medical marijuana growing/processing facilities; however, restricted hours of operation may be established as a condition of the grant of the special exception.
(i)
Signage for all medical marijuana growing and processing facilities shall be limited to the name of the business only, shall follow the Borough's sign regulations, and shall contain no advertising of any companies, brands, products, goods, or services. Signage shall not include any drug-related symbols.
(j)
The building in which any indoor medical marijuana growing/processing facility is located, as well as the operations conducted therein, shall fully comply with all applicable rules, regulations, and laws, including, but not limited to, zoning and building codes, the Borough's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act,[2] and the MMA.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(k)
The operators of all indoor medical marijuana growing/processing facilities shall provide the Borough's Secretary or designee with the name, phone number, facsimile number, and email address of an on-site representative to whom the Borough and the public can provide notice if there are any operational problems associated with the indoor medical marijuana growing and/or processing facility.
(l)
All indoor medical marijuana growing/processing facilities shall have a security plan which includes the following measures:
[2]
Security cameras shall be installed and maintained in good working condition and used in an ongoing manner with at least 120 concurrent hours of digitally recorded documentation as a condition of the grant of the special exception. The camera shall be in use 24 hours a day, seven days a week. The areas to be covered by the security cameras shall include, but are not limited to, the storage areas, growing areas, all doors and windows, waste facilities, and any other areas as required by the conditions imposed as part of the grant of the special exception. All recordings shall be kept for a period of at least two years.
[3]
Entrance to the growing/processing areas, and all storage areas, shall be locked always and under the control of the indoor medical marijuana growing facility's staff.
[4]
The facility shall comply with the Borough's lighting standards regarding fixture type, wattage, illumination levels, and shielding, and shall secure the necessary lighting approvals and permits as needed. Additional lighting requirements may be imposed as a condition of the grant of the special exception. Additional sewer and stormwater management requirements may be imposed as a condition of the grant of the special exception.
[5]
All windows on the building that houses the indoor medical marijuana growing/processing facility shall be appropriately secured, and all marijuana shall be securely stored in the facility.
(m)
The Borough's Building Code Official and law enforcement personnel shall have the right to enter the indoor medical marijuana growing/processing facility with due cause for making reasonable inspections, to observe, and to enforce compliance with this subsection, all laws of the Borough, and all state laws.
(n)
Indoor medical marijuana growing and processing shall not be permitted when it will adversely affect the health or safety of the nearby residents by creating undue dust, glare, heat, noise, smoke, traffic, vibration, or other adverse impacts, and shall not be conducted to create any hazardous situation due to the use or storage of materials, processes, products, or wastes.
(4)
Special exception use permit. All parcels of real property in the Limited Industrial Zoning District upon which indoor medical marijuana growing/processing activities may occur must obtain a special exception from the Borough. An application for a special exception shall include, at a minimum, the following information:
(a)
An estimate of the size of the proposed indoor medical marijuana growing/processing facility.
(b)
The address of the location for which the special exception is sought.
(c)
A site plan and floor plan for the proposed premises denoting the use of all areas of the premises, including storage, growing areas, lighting, signage, access, parking, etc.
(d)
A proposed security plan in compliance with the MMA and a detailed traffic study.
(e)
The name and address of the owner and lessor of the real property upon which the indoor medical marijuana growing/processing activities are proposed to be conducted. In the event the applicant is not the legal owner of the property, the application must also have a notarized acknowledgement from the owner of the real property that an indoor medical marijuana growing/processing facility will be operated on the property.
(f)
Evidence that the indoor medical marijuana growing/processing facility will be in full compliance with the requirements of the MMA.
(5)
Enforcement.
(a)
Any marijuana growing/processing within the Borough in violation of this subsection or the conditions of the grant of the special exception use permit is hereby declared to be unlawful and a public nuisance.
(b)
Any party who engages in a violation of this subsection, or who owns, possesses, controls, or has charge of any parcel of real property in the Borough upon which a violation of this subsection is maintained, shall be subject to the penalties and remedies provided by this subsection.
(c)
Any violation of this subsection shall constitute a separate offense for each day the violation occurs or persists.
(d)
Any person in violation of any provision of this subsection shall be punishable by a fine of up to $1,000 per offense.
F.
Any other use required by law to be permitted and not specifically permitted in any other zoning district of the Borough, and the exclusion of which would be unlawful, shall be permitted by conditional use.
[Added 9-3-2024 by Ord. No. 220]
§ 185-82 Area and height regulations.
A.
Lot area. Every lot on which a Limited Industrial use is to be conducted shall be not less than four acres in size.
B.
Building area. Not more than 25% of the area of each lot may be occupied by buildings and a total of not more than 75% by any combination of buildings, parking areas or other impervious cover.
C.
Buffer area. Where a Limited Industrial District abuts a Residential or Apartment District, a buffer strip of 100 feet in width shall be provided and maintained. Thirty feet shall be a buffer planting strip.
D.
Height. No building shall exceed 35 feet in height, excluding chimneys and stacks, tanks and tank towers, flagpoles, aerials and similar projections of the building.
§ 185-83 Setback regulations.
A.
Front yards. There shall be a front yard on each lot which shall be not less than 85 feet in depth from the street line.
B.
Side yards. There shall be two side yards having an aggregate width of not less than 110 feet, neither side yard having a width of less than 50 feet.
C.
Rear yard. There shall be a rear yard on each lot which yard shall be not less than 100 feet in depth.
§ 185-84 Special regulations.
A.
In addition to the requirements of this chapter, the plan for any proposed development shall comply with the standards of Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights.
§ 185-85 Use standards.
In a Limited Industrial District and in any other zoning district in the Borough, the following use standards and procedures shall apply:
A.
No activities involving the storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically permitted by the Borough, or are used as customarily incidental to the operation of a principal use in such quantities, and in a manner conforming with applicable performance standards set forth hereafter. Such materials shall include, but shall not be confined to, all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, perchloric acid, perchlorates, cholorates, hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
B.
All activities involving the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, and testing of materials, goods, or products shall be performed in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare, or heat for the district in which such use shall be located; and no use, already established on the effective date of this chapter, shall be so altered or modified as to conflict with, or further conflict with such applicable performance standards for the district in which such use is located.
(1)
Noise.
(a)
Noise shall be measured with a sound-level meter having an A-weighted filter constructed in accordance with specifications of the American National Standards Institute (ANSI). Measurements are to be made at any point in residential or commercial districts as indicated in Table 1 following.
(b)
Impact noise shall be measured using the fast response of the sound level meter. Impact noises are intermittent sounds such as from a punch or drop forge hammer. Measurements are to be made at any point in residential or commercial districts as indicated in Table 1.
(c)
Between the hours of 7:00 p.m. and 7:00 a.m., the permissible sound levels in a residential district shall be reduced by five decibels for impact noises.
(e)
Maximum permitted sound pressure level. The following Table 1 describes the maximum sound pressure level permitted from any industrial source and measured in any adjacent residential district or commercial district:
Table 1 | |||||
|---|---|---|---|---|---|
Maximum Permitted Sound Levels, dB(a) (re: 0.0002 Microbar) | |||||
Sound Measured in: | Decibels | ||||
Continuous Slow Meter Response | Impact Fast Meter Response | ||||
O-R | M-1 | O-R | M-1 | ||
Residential Districts | 50 | 50 | 60 | 60 | |
Commercial Districts | 60 | 65 | 70 | 75 | |
(2)
Vibration.
(a)
Vibration shall be measured at or beyond any adjacent lot line or residential district line as indicated in Table 2 and such measurements shall not exceed the particle velocities so designated. The instrument used for these measurements shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
(b)
The maximum vibration is given as particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
P.V. | = | 6.28 F x D | |
P.V. | = | Particle velocity, inches per second | |
F. | = | Vibration frequency, cycles per second | |
D. | = | Single amplitude displacement of the vibration, inches |
(c)
The maximum particle velocity shall be the vector sum of three individual components recorded. Such particle velocity shall not exceed the values given in Table 2.
Table 2 | ||||
|---|---|---|---|---|
Maximum Ground Transmitted Vibration for Limited Industrial Districts | ||||
Particle Velocity, Adjacent Lot Line | Inches/Second Residential District | |||
Limited Industrial | 0.20 | 0.02 | ||
When vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, then the values in Table 2 may be multiplied by two. |
(3)
Air pollution.
(a)
No user shall emit or cause or allow to be emitted or permit to escape into the open air, any air containment of a quantity or quality which will violate any provision of this chapter.
(b)
No user shall operate or maintain or permit to be operated or maintained any equipment, installation or device which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prescribed herein unless he shall install and maintain in conjunction therewith such control equipment as will prevent the emission into the open air of any air contaminant in a quality or quantity that will violate any provision of this chapter.
(c)
No user shall cause, allow, permit, kindle, ignite, or maintain any bonfire, junk fire, refuse fire, open fire, salvage operations fire or any other open fire on or in any public street, road, or public ground, or upon any private property within the limits of the site.
(d)
No user shall emit or cause or allow to be emitted or permit to escape into the open air, from any combustion unit or incinerator, smoke with a shade darker than No. 1 of the Ringelmann Chart, except smoke of a shade equal to but not darker than No. 2 of the Ringelmann Chart may be emitted for a period or periods aggregating four minutes in any eight-hour period.
(e)
No firm or corporation shall permit or cause the discharge of particulate matter into the atmosphere from incinerators in excess of 0.1 grains per cubic foot of gas at standard conditions corrected to 12% CO2, except as designated under specific contaminants.
(4)
(5)
Toxic or noxious matter.
(a)
Waterborne. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.
(b)
The ambient air quality standards for the Commonwealth of Pennsylvania shall be the guide to the release of airborne toxic materials across lot lines. Where toxic materials are not listed in the ambient air quality standards of the Commonwealth of Pennsylvania, the release of such materials shall be in accordance with the fractional quantities permitted below, of those toxic materials currently listed in the Threshold Limit Values adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.
(c)
In the Limited Industrial District, the release of airborne toxic matter shall not exceed 1/30 of the threshold limit value beyond the district boundary line.
(6)
Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.
(a)
Odor thresholds shall be measured in accordance with ASTM d-1391-57, "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)."
(b)
In the Limited Industrial District, odorous materials released from any operation or activity shall not exceed the odor threshold concentration at or beyond the district boundary line measured either at ground level or habitable elevation.
(7)
Fire and explosion hazards.
(a)
The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning (as determined for liquids by a closed-cup flash point of not less than 187º F.) is permitted subject to compliance with all other performance standards for the district.
(b)
The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning (as determined for liquids by a closed-cup flash point of less than 187º F., but not less than 110º F.) is permitted, subject to compliance with all other performance standards for the district and provided the following conditions are met:
[1]
Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls.
[2]
All such buildings or structures shall be set back at least 100 feet from side or rear lot lines, and 150 feet from the street line and shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or Factory Insurance Association; or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association or Factory Insurance Association.
(c)
The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases (as determined for liquids by a closed-cup flash point of less than 110º F.) shall be prohibited without special permit from the Borough Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:
[1]
That the final manufactured product does not itself have a closed-cup flash point of less than 187º F.
[2]
That the use of such material shall be in conformity with the standards prescribed by the National Fire Protection Association and the requirements of other ordinances of the Borough.
[3]
That no more than 200 gallons of such materials shall be on site at any one time and that such storage shall be in conformity with the standards prescribed by the National Fire Protection Association, and the requirements of other ordinances of the Borough.
(8)
Storage. The storage of more than 10,000 gallons of materials or products having a closed-cup flash point greater than 110º F. including storage of finished products in original sealed container is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association, and the requirements of the other ordinances of the Borough.
(9)
Heat and glare control.
(a)
Heat. No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2º F. at the property line of the lot on which the use is situated.
(b)
Glare. No use shall carry on an operation that would produce glare as defined below from unshielded bulbs or any production operation such as welding beyond the property line of the lot on which the use is situated. "Glare" shall be defined as direct or indirect light from such activities of greater than 0.5 footcandle illumination at habitable levels.
(10)
Water quality. No use shall withdraw water from the Chester Creek or its tributaries, without filing for and obtaining permission from the Delaware River Basin Commission, other than for emergencies such as "fire pond" use to supplement emergency vehicle or hydrant pressures and flow. Further, discharges to those streams shall meet the following quality levels. Where the Pennsylvania Department of Environmental Protection shall set more stringent requirements, they shall apply. In all cases, permits shall be obtained from the Pennsylvania Department of Environmental Protection.
(a)
Temperature of discharges. The heat content of discharges shall be limited to an amount that could not raise the temperature of the entire stream at the point of discharge 5º F. above ambient temperature or to a maximum of 87º F., whichever is less; nor change the temperature by more than 2º F. during any one-hour period assuming complete mixing.
(b)
Quality discharge. The minimum quality of discharges shall be as specified to maintain quality for Group B streams by the Pennsylvania Department of Environmental Protection. Secondary, and where required, tertiary treatment shall be provided to maintain such quality. Further, no use shall discharge heavy metals, oils, suspended matter or other elements expressly prohibited by the Pennsylvania Department of Environmental Protection.
(c)
Emergency procedures. Where materials stored on site could, if accidentally released, impair water quality, emergency procedures shall be specified to prevent such spillage from entering ground- or surface waters as a part of the permit application.
C.
Procedures for obtaining permits. It shall be unlawful for any person to install, alter, enlarge or make additions to any existing or new facilities, equipment or operation that may be a source of air contaminants, or to install, alter, enlarge, or make additions to any existing or new equipment, devices or apparatus, the use of which may eliminate, reduce or control the emission of air contaminants until an application, including plans and specifications, has been filed with the Borough Secretary and the permits have been issued by the Zoning Officer. Should the Zoning Officer require the services of a consultant for review of submitted plans and specifications, the applicant shall bear all costs for such services.
(1)
Two sets of plans shall be submitted with each application. If the plans are approved, one copy shall be retained by the Borough and the second copy shall be kept at the site of construction.
(2)
Each submittal shall be examined by the Borough Engineer who shall make recommendation to Borough Council within 30 days from the date of filing thereof.
(3)
Where a permit also is required from the Commonwealth Department of Environmental Protection, no Borough permit shall be issued until the state permit has been obtained and evidence of same has been given to the Borough.
(4)
After the completion of any work requiring a permit, the applicant shall apply for a certificate of use and/or occupancy. The certificate shall be issued by the Building Inspector after certification by the Borough Engineer and shall certify that the work has been done in accordance with the approved plans.
(5)
The Borough Engineer may, at his discretion, require tests to be made of any work before he authorizes the Building Inspector to issue a certificate of use and/or occupancy. Such tests shall be made at the expense of the applicant.
(6)
The applicant shall comply with all regulations of all applicable local, state and federal codes.