Hatfield City Zoning Code
PART 18
INDUSTRIAL DISTRICT
§ 27-1801 Statement of Intent.
[Ord. No. 353, 6/19/1991, § 1800; as amended by Ord. No. 430, 7/17/2002, § X.A]
1.
It is the intent of this district to:
A.
Provide for the orderly and planned development and redevelopment of office, research, development, and laboratory uses, commercial recreational, traffic-intensive or required intensive land uses generally, as well as a variety of nonpolluting, small-scale industries and major industrial operations in Hatfield Borough.
B.
To provide performance standards, setback regulations and buffer requirements to ensure that the type and scale of the permitted development and uses will cause minimal negative impact on surrounding residential neighborhoods, and to provide for a suitable transition from intense land uses to residential neighborhoods.
§ 27-1802 Permitted Uses.
[Ord. No. 353, 6/19/1991, § 1801; as amended by Ord. No. 430, 7/17/2002, § X.B; and by Ord. No. 501, 8/15/2012]
1.
In an I Industrial District, a building may be erected, altered, or used, and a lot may be occupied for any of the following uses:
A.
Scientific or industrial research, engineering, training, testing, experimental laboratory or similar establishment.
B.
Administrative or corporate office.
C.
Public or governmental utility building or use, including storage yard, repair shop or similar use.
D.
Printing, publishing, lithography or similar processes.
E.
Manufacturing, fabrication, assembly, processing and packaging of natural and man-made materials, chemicals, synthetics and other organic and inorganic products, except those uses specifically prohibited in Subsection 1.J, below.
F.
Warehouse, storage, or distribution center.
G.
Contractor's office and storage.
H.
Lumberyard.
I.
Retail sales of industrial products similar to those which may be produced in the district.
J.
Any use of the same general character as the above permitted uses, except that the following uses are specifically prohibited:
(1)
Abattoir, meat-packing, tanning, curing or storage of leather, rawhides or skins; manufacture or processing of fertilizer, wood pulp, disinfectants or soap.
(2)
Lime kilns, flour mills, manufacture of cement.
(3)
Foundries, manufacture or processing of asphalt.
(4)
Auto wrecking, junkyard.
(5)
Dump, incineration or reduction of garbage, except a sanitary landfill or transfer station operated in accordance with the requirements of the Pennsylvania Department of Environmental Protection.
(6)
Any other use which is or may be, in comparable degree to any of the foregoing, noxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, illumination or noise, or which may be dangerous to the public health, welfare or safety.
K.
Accessory use on the same lot and customarily incidental to any of the above permitted uses, including, but not limited to:
(1)
Storage within an enclosed building or fenced area, meeting the requirements of § 27-1805, Subsection 7, herein.
(2)
Repair shop or maintenance facilities normally required for the conduct of industrial operations.
(3)
Cafeteria, recreation facility or other service facility located within a permitted use and operated solely for the occupants of the buildings.
L.
Commercial recreation uses, such as bowling alleys, roller rinks and similar uses.
M.
Exercise clubs.
N.
Self-storage developments.
O.
Parking lot as an accessory or principal use.
P.
If a lot in the I District is adjacent to the CC District (not including lots separated by a railroad right-of-way), it may also be occupied by any use that is allowed in the CC District, under the requirements of the CC District and not the requirements of the I District. However, any residential use shall also require special exception approval.
Q.
Kennel, provided the following additional regulations shall apply:
(1)
The applicant shall prove to the Zoning Officer that suitable soundproofing measures will be used to avoid a noise nuisance to neighboring lots.
(2)
All areas where animals are kept shall be set back a minimum of 25 feet from a lot line of an existing industrial use and 150 feet from any other lot line.
(3)
This use may also include pet grooming and similar pet care activities.
R.
Veterinarian office.
S.
Commercial communication antenna that extends less than 25 feet from an existing structure, such as a water tank, commercial or industrial building or existing tower. No antenna shall cause conflicts with emergency communications.
§ 27-1803 Dimensional Standards.
[Ord. No. 353, 6/19/1991, § 1802; as amended by Ord. No. 430, 7/17/2002, § X.C]
The following standards shall apply in the I Industrial District: | ||
1. | Minimum lot area: | 40,000 square feet. |
2. | Minimum lot width at street line: | 200 feet. |
3. | Front yard setback: | 30 feet. |
4. | Side yard setback: | 20 feet each.[1] |
5. | Rear yard setback: | 40 feet.[2] |
6. | Maximum building coverage (percent of total lot area): | 40%. |
7. | Maximum impervious coverage: | 75%. |
8. | Maximum building height: | 35 feet. |
9. | Accessory buildings less than 120 square feet setback: | 10 feet. |
§ 27-1804 Additional Development Regulations.
[Ord. No. 353, 6/19/1991, § 1803]
1.
Public Utilities. All uses shall be capable of being served by public sewer and water facilities.
2.
Access. A planned system of efficient ingress, egress and internal circulation of traffic shall be required. Loading and unloading areas shall be provided to the rear of the proposed use, and arranged so that they may be used without blocking or interfering with the use of driveways or parking areas.
3.
Lighting. Lighting shall be arranged in a manner which will project adjacent highways and neighboring properties from direct glare.
4.
Service. Areas for refuse collection and recycling shall be provided. A plan for disposal of solid waste material shall be required. All solid waste material shall be stored in covered containers, no closer than 15 feet from any property line. Refuse collection areas shall be shielded from the direct view of any adjacent property by walls which measure a minimum of six feet in height.
5.
Landscaping. A buffer strip at least 25 feet wide shall be provided along all property lines which abut a residential or institutional use or district. Landscaping shall be provided along all property lines as per the requirements of § 22-420 of the Subdivision and Land Development Ordinance (Chapter 22).
§ 27-1805 Performance Standards.
[Ord. No. 353, 6/19/1991, § 1803]
1.
All permitted uses within the industrial district shall comply with the following standards wherever applicable:
A.
Air Pollution Controls. All uses shall comply with the standards of the Air Pollution Control Act, 35 P.S. § 4001 et seq., as amended, and the following standards:
(1)
Visible Emissions. Visible air contaminants shall be not emitted in such a manner that the opacity of the emissions is equal to or greater than 20% of a period or period aggregating more than three minutes in any one hour; or equal to or greater than 60% at any time, and shall comply with 25 Pa. Code § 127.A(7), or its most recent update.
(2)
Particulate, Vaporous, and Gaseous Emissions. No person shall cause, suffer, or permit the emission of fugitive particulate, vaporous, or gaseous matter from any source in such a manner that the emission is visible or detectable outside the property of the person where the source is being generated.
(3)
Hazardous Air Emission. All emissions shall comply with National Emissions Standards for Hazardous Air Pollutants promulgated by the U.S. Environmental Protection Agency under the Federal Clean Air Act, 42 U.S.C. § 7412, as promulgated in 40 CFR, Part 61, or its most recent update.
(4)
Odor.
(a)
No person shall cause, suffer, or permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person where the source is being generated.
(b)
Any process which causes an odor emission shall be operated in a manner such that escaping odors are eliminated. Backup odor reduction equipment shall be maintained to support primary odor reduction equipment.
B.
Noise Control. At no point on the boundary of any nonindustrial property shall the sound level of any operation exceed the described levels of the designed octave bands shown below for the district indicated. Objectionable noises, due to intermittence, beat frequency, or shrillness, shall be muffled so as not to become a nuisance to adjacent uses.
Octave Band in Cycles per Second | Along Residential District Boundaries-Maximum Permitted Sound Level in Decibels | At Any Other Point on the Lot Boundary-Maximum Permitted Sound Level in Decibels |
|---|---|---|
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 59 | 66 |
300 to 600 | 59 | 62 |
600 to 1,200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
2,400 to 4,800 | 32 | 39 |
Above 4,800 | 32 | 39 |
C.
Vibration Control. No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point beyond the lot line.
D.
Glare or Heat Control. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence in such manner as to be completely imperceptible from any point beyond the lot lines.
E.
Control of Radioactivity or Electrical Disturbance. There shall be no activities which emit dangerous or harmful radioactivity. There shall be no electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment located beyond the property boundary of the creator of such disturbance.
F.
Fire and Explosive Hazards. Flammable and explosive materials shall be stored, used, and transported in accordance with the applicable state and federal regulations regarding such materials and associated storage vessels.
G.
Outdoor Storage.
(1)
All outdoor storage facilities for fuel, flammable or explosive materials and raw materials shall be enclosed by a fence adequate to prevent the access of children and other members of the general public.
(2)
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.
(3)
All material or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, sealed containers.
(4)
No materials or wastes of any form may be stored in a floodplain area.
H.
Waste Disposal. Industrial wastes shall not be stored, discharged, incinerated or otherwise disposed of except in conformance with the applicable state and federal regulations regarding solid and hazardous wastes.
§ 27-1806 Special Exception Uses.
[Ord. No. 353, 6/19/19991; as added by Ord. No. 430, 7/17/2002, § X; and amended by Ord. No. 501, 8/15/2012]
1.
In the Industrial District, the following uses shall be allowed as special exception uses, with approval by the Zoning Hearing Board, in accordance with the following standards and conditions, and § 27-611:
A.
Adult uses, including adult bookstore, adult motion picture theater, adult live entertainment use or massage parlor. These uses shall meet the following additional requirements:
(1)
Any conditions on special exception approval of adult uses are intended to serve the following purposes, in addition to the overall objectives of this chapter.
(a)
To recognize the adverse secondary impacts of adult uses that affect health, safety and general welfare concerns of the municipality. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to: increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases and other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concludes that adult uses typically involve insufficient self-regulation to control these secondary effects.
(b)
To limit adult uses to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and downtown revitalization, and to accommodate an orderly transaction of land uses.
(c)
To permit activities protected by the "free speech" protections of the U.S. Constitution, while minimizing adverse effects.
(2)
No portion of a building occupied by an adult use shall be located within any of the following distances: (a) 300 lineal feet from any residential zoning district boundary, (b) 200 lineal feet from any existing primarily residential use that is not in a residential district, (c) 300 lineal feet from any CC district boundary, and (d) 800 lineal feet from the lot line of any existing primary or secondary school, public park, playground, place of worship, day-care center or child nursery.
(3)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 27-306. Such planting area shall include a mix of low level plantings and deciduous shade trees, with sufficient clearance vertical between them to allow views into the parking area for security purposes.
(4)
No materials that are illegal to sell to minors and no pornographic displays or words shall be placed in view of persons who are not inside of the establishment. An applicant shall demonstrate that definite precautions will be made to prohibit minors from entering the premises.
(5)
An adult use shall not be used for any purpose that violates any federal, state or municipal law.
(6)
Signs or displays visible from a lot line that include words or images that are pornographic shall be prohibited.
(7)
The use shall not include the sale or display of obscene materials, as defined by state law, as may be amended by applicable Court decisions.
(8)
Adult uses shall be distinct land uses that shall only be allowed where specifically listed as allowed in the zoning district regulations. Special exception use approval shall be required.
(9)
The use shall meet the dimensional requirements for the I District.
(10)
For public health reasons, private or semi-private viewing booths of any kind are prohibited. This specifically includes, but is not limited to, booths for viewing adult movies or nude dancers.
(11)
No use may include live actual or simulated sex acts nor any sexual contact between entertainers nor between entertainers and customers. This shall specifically prohibit, but not be limited to, entertainers dancing on the laps of customers.
(12)
Only "lawful" massages as defined by state court decisions shall be performed in a massage parlor.
(13)
All persons within any adult use shall wear nontransparent garments that cover their genitals and the female areola, except for entertainers within a permitted lawful "adult live entertainment use."
(14)
Any application for such use shall state the names and home addresses of (a) all individuals intended to have more than a 5% ownership in such use or in a corporation owning such use and (b) an on-site manager responsible to ensure compliance with this chapter on a daily basis. Such information shall be updated at the beginning of each year in writing to the Zoning Officer.
(15)
The use shall not operate between the hours of 12:00 midnight and 7:00 a.m.
(16)
As specific conditions of special exception approval, the applicant shall prove to the Zoning Hearing Board that the use will comply with the following state laws, as amended: the Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq.; Act 219 of 1990, 18 Pa.C.S.A. § 7327 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.); Act 207 of 1990, 18 Pa.C.S.A. § 5903 (which pertains to obscenity); and Act 120 of 1996, 68 Pa.C.S.A. § 5501 et seq. (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters) and the Massage Therapy Law, 63 P.S. § 627.1 et seq.
(17)
An applicant for a massage parlor shall prove that any person conducting massages is a massage therapist licensed under the Massage Therapy Law, 63 P.S. § 627.1 et seq.
B.
Treatment center, as defined in § 27-202, is permitted as a special exception under the following conditions:
(1)
The applicant shall provide a written description of the treatments to be offered and types of patients intended to occupy or use the facility during the life of the permit. Any changes to this description shall require an additional special exception approval.
(2)
The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will involve adequate on-site supervision and security measures to protect public safety.
(3)
The Zoning Hearing Board may place conditions upon the use to protect public safety, such as conditions on types of treatments, patients and security measures.
(4)
The use shall be set back a minimum of 100 feet from any CC or Residential Zoning District.
(5)
Any methadone treatment center shall also meet the requirements of Section 621 of the State Municipalities Planning Code, 53 P.S. § 10621 et seq., as amended, from time to time, which is hereby included by reference.
C.
Similar Uses or Excluded Uses. The Zoning Hearing Board may also grant special exception approval to a use similar to those permitted in the I District that is not listed as otherwise allowed in any manner in any zoning district in the Borough if the applicant proves to the satisfaction of the Zoning Hearing Board that the use will: A) not create a hazard to the public health and safety, B) not create serious nuisances to neighbors and C) be compatible with adjacent uses, and D) not be more intense than allowed uses. For these uses, the Zoning Hearing Board may require a minimum setback of up to 300 feet from any residential district.