Montgomery Township
City Zoning Code
City Zoning Code
ARTICLE XVII
LI Limited Industrial District
§ 230-101 Intent.
A.
In expansion of the declaration of legislative intent contained in Article I, § 230-2, of this chapter, it is hereby declared to be the intent of this article, with respect to limited industrial zones, to establish regulations concerning permitted uses and reasonable standards for the height and size of buildings, the areas and dimensions of yards and open spaces and the provision of facilities and operation of industries to minimize traffic congestion, noise, glare, air pollution, water pollution, and fire and safety hazards in industrial districts.
B.
In addition to allowing industrial uses, this district is intended to allow nonindustrial uses that are compatible with industrial uses and do not change the character of industrial areas.
[Amended 5-17-1993 by Ord. No. 93-15Z]
§ 230-102 Applicability.
In an LI Limited Industrial District, the following regulations shall apply.
§ 230-103 Use regulations.
A.
The specific uses permitted in this district shall be the erection, construction, alteration or use of buildings, premises or land for the following uses and no other:
(1)
Any limited industrial use, including and restricted to scientific research laboratory, engineering center, administration (office building), manufacturing, fabricating, assembling, processing, warehousing and storage. No limited industrial use prohibited in Subsection B below shall be permitted. Any permitted limited industrial use must comply with the provisions of §§ 230-104 through 230-113, inclusive.
(2)
Agriculture II uses. Any building or area used for the keeping or raising of livestock or poultry shall be situated not less than 100 feet from any property line or the ultimate right-of-way of any street.
[Amended 12-17-2007 by Ord. No. 07-226Z]
(3)
Dwelling quarters for watchman and caretaker employed on the premises, permitted in connection with any industrial establishments.
(4)
Trade or professional school.
[Added 4-26-1993 by Ord. No. 93-13Z; amended 5-17-1993 by Ord. No. 93-15Z]
(5)
Such wireless telecommunications facilities as permitted by right, special exception or conditional use, depending on the type of facility, in compliance with Article XXX herein.
[Added 1-11-1999 by Ord. No. 98-97Z]
(6)
Grower/processor facility, subject to each of the following specific requirements:
[Added 9-12-2022 by Ord. No. 22-329Z]
(a)
Except as modified herein and subject to the requirements of the Medical Marijuana Act and the regulations and requirements promulgated under Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time, the grower/processor facility shall comply with the dimensional requirements applicable in the Industrial District.
(b)
The grower/processor shall provide a permit issued by the Commonwealth of Pennsylvania Department of Health or proof that a permit has been sought and is pending approval, and shall at all times maintain a valid, accurate and up-to-date permit from the Commonwealth of Pennsylvania Department of Health for the operation of the grower/processor facility. Should such permit, or renewal thereof, denied, suspended or revoked at any time, any Township approval of the grower/processor facility shall become void.
(c)
The grower/processor and the grower/processor facility shall comply with all applicable standards, rules, regulations and requirements of the Commonwealth of Pennsylvania Department of Health and the Commonwealth of Pennsylvania, including, without limitation, the Medical Marijuana Act and Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time.
(d)
No grower/processor facility shall be located within 1,000 feet in any direction of the property line of any public, private or parochial school, day-care center or family day-care home.
(f)
Off-street parking shall be provided in accordance with Article XIX, Off-Street Parking and Loading.
(g)
To the extent that there is any conflict between this Chapter 230 and the provisions of the Medical Marijuana Act or the regulations and requirements promulgated under Title 28, Part IX, of the Pennsylvania Code, as amended and updated from time to time, the grower/processor and grower/processor facility shall comply with the more restrictive provision.
(h)
Grower/processor facilities shall not be open to the general public.
(i)
Grower/processor facilities shall be fully secured and have nonstop, 24/7 security operations in accordance with the requirements of the Medical Marijuana Act and all applicable standards, rules, regulations and requirements promulgated thereunder.
(j)
Grower/processor facility operations shall be conducted indoors.
B.
The following uses shall not be permitted:
Abattoirs |
Acetylene gas manufacture |
Acid manufacture |
Ammonia, bleaching powder or chlorine manufacture |
Arsenal |
Asphalt manufacture or refining |
Automobile junk or dismantling yards, including wrecking and storage yards |
Blast or reverberatory or foundry |
Breweries |
Celluloid manufacture |
Cement, including cement mixing plant, concrete mixing plant, lime, gypsum, plaster or plaster of paris manufacture |
Coke ovens |
Cork manufacture |
Creosote treatment or manufacture |
Dead animal and offal reduction |
Disinfectants manufacture |
Distillation of bones, coal, grain or wood |
Drop hammer |
Dyestuff manufacture |
Exterminator and insect poison manufacture |
Emery cloth and sand paper manufacture |
Fat rendering; manufacturing of vegetable, animal or mineral fats and oils |
Fertilizer manufacture |
Fireworks or explosive manufacture or storage |
Fish smoking and curing |
Flour mill |
Foundry; forge plant |
Glue, size or gelatine manufacture |
Hog farm |
Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal |
Lime kiln |
Match manufacture |
Meat packing |
Mining |
Oil cloth or linoleum manufacture |
Oiled or rubbed goods manufacture |
Ore reduction |
Paint; shellac; varnish; lacquer |
Plating works |
Potash works |
Power forge (riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron, steel, brass or copper, except as a necessary incident to manufacture of which those processes form a minor part and which are carried on without objectionable noise outside the plant and permitted as a special exception) |
Pyroxylin manufacture |
Quarrying or removal of soil or mineral deposits in any form, including blasting operations |
Rubber, caoutchouc or gutta-percha manufacture or treatment, tire recapping and vulcanizing |
Sauerkraut manufacture |
Shoeblacking manufacture |
Smelters |
Soap and detergent manufacture |
Soda and compound manufacture |
Steel furnace; blooming or rolling mill |
Stockyards |
Tallow, grease or lard manufacture or refining |
Tanning, curing or storage of leather, rawhides or skins |
Tar distillation or manufacture |
Vinegar manufacture |
Wool pulling or scouring |
Any other use which is or may be noxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, illumination or noise or harmful radiation or which is or may be dangerous to the public health, welfare or safety or which constitutes or may constitute a public hazard, whether by fire, explosion or otherwise |
C.
The following uses are permitted when authorized as a conditional use:
[Added 7-1-1991 by Ord. No. 17-063]
(2)
Indoor athletic facilities, including but not limited to courts, fitness centers, batting cages, golf driving ranges, bowling alleys, tracks, skating rinks, swimming pools and health clubs. Entertainment facilities, such as movie theaters, are not permitted. Indoor athletic facilities shall be located in a building that has at least 20,000 square feet of gross floor area, although the indoor athletic facility does not need to use the whole building. Indoor athletic facilities may include accessory retail sales and accessory video arcades/game rooms, provided that retail sales areas and video arcades/game rooms do not comprise more than 15% of the gross floor area of the athletic facility or 3,000 square feet, whichever is less.
[Added 5-17-1993 by Ord. No. 93-15Z]
(3)
Outdoor recreation and athletic facilities, including courts, playing fields, swimming pools, golf courses, batting cages, running tracks and similar uses, provided that:
[Added 5-17-1993 by Ord. No. 93-15Z]
(a)
The use is located on a lot 10 acres or larger in size.
(b)
Accessory retail building use is limited to a maximum of 0.5% ( 1/2 of 1%) of the total tract acreage devoted to the outdoor recreation facility. Additional accessory retail space may be permitted as a conditional use, so long as the total accessory retail space permitted does not exceed 1% of the total tract acreage devoted to the outdoor recreational facility. In addition, the accessory retail use shall be conducted by the same ownership as the outdoor recreation facility and shall be located within a building.
(c)
If the outdoor recreational use, or any portion thereof, changes to a nonrecreational use, the accessory retail use permitted in Subsection C(3)(b) above must be discontinued or reduced proportionately.
(d)
The lot upon which the outdoor recreational use is located cannot be further subdivided unless the accessory retail use is discontinued or reduced in proportion to the size of the remaining lot devoted to the outdoor recreational use in accordance with Subsection C(3)(b) above. Any conditional use approved by the Board of Supervisors under Subsection C(3)(b) above shall be discontinued if the lot upon which the conditional use is located is further subdivided.
(e)
Street or driveway access to the tract of land is limited to one access point per street frontage, with multiple use sharing this access.
(f)
The hours of operation shall follow limitations set by the Board of Supervisors, which shall consider the proposed use and its impact on abutting residences when setting these hours.
(4)
Lifestyle apartments, provided that:
[Added 7-26-2021 by Ord. No. 21-321Z]
(a)
The property to be developed as lifestyle apartments shall have a minimum gross site area of 10 acres.
(b)
The use is located on a lot that is immediately adjacent to an existing residential zoning district.
(c)
The use is located on a lot that has two points of access to arterial streets. Such access may be permitted via a permanent easement over adjacent properties, with the terms of such easement to be reasonably approved by the Township. If such an easement is utilized, the lot shall not be considered a flag lot and shall not be subject to the regulations contained within § 230-156.5.
(d)
The property to be developed as lifestyle apartment shall include pedestrian connections to existing commercial developments and/or recreational or civic uses in the Township, where feasible. All trails and/or trail connections shall be generally consistent with the Montgomery Township Open Space Plan. If such trail connections are not feasible due to unique features of the subject property, the Board of Supervisors may waive such requirement and accept a fee-in-lieu thereof.
D.
Limited retail sales are permitted as accessory uses within manufacturing, fabricating, processing and wholesale warehouse buildings, provided that they meet the following requirements:
[Added 5-17-1993 by Ord. No. 93-15Z]
(1)
Retail sales are limited to those items manufactured, fabricated or processed on site or distributed on a wholesale basis from the site.
(2)
Retail sales will only be permitted in a physically separate and segregated sales area in the same building as the primary use and shall have a maximum allowable area of either 10% of the gross floor area or 2,000 square feet, whichever is less.
(3)
Retail sales customers shall shop only in the retail sales area.
(4)
There must be a separate entrance for retail sales from the building's primary entrance.
(5)
Retail sales shall only be conducted by the same ownership and under the same lease as the primary use.
§ 230-104 Smoke.
A.
No smoke shall be emitted from any chimney or other source of a visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines.
B.
Smoke of a shade not darker than No. 2 on the Ringelmann Smoke Chart may be emitted for not more than four minutes in any 30 minutes.
C.
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
§ 230-105 Dust and gases.
A.
No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at any point.
B.
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point.
C.
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500º F. and 50% excess air.
§ 230-106 Noise.
At no point on any lot boundary line shall the sound pressure level of any operation exceed the decibel levels in the designated octave bands shown below for the districts indicated.
Maximum Permitted Sound | ||
|---|---|---|
Octave Band (cycles per second) | Along Agricultural or Residential District Boundaries (decibels) | At Any Other Point on the Lot Boundaries (decibels) |
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 59 | 66 |
300 to 600 | 52 | 59 |
600 to 1,200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
2,400 to 4,800 | 34 | 41 |
Above to 4,800 | 32 | 39 |
§ 230-107 Odors.
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any lot boundary line. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists' Assoc., Inc., Washington, D.C.
§ 230-108 Glare and heat.
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 along the lot lines.
§ 230-109 Vibration.
No vibration which is discernible to the human sense of feeling shall be perceptible without instruments at any point on the lot boundary lines.
§ 230-110 Radioactivity and electrical disturbance.
There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
§ 230-111 Uses to be conducted indoors.
Except as otherwise provided in this article, all permitted uses shall be conducted wholly within a completely enclosed building or in a court enclosed on all sides by buildings.
§ 230-112 Outdoor storage and waste disposal.
A.
No outside storage of materials, equipment, finished products, parts, commodities, waste, rubbish or discarded material shall be permitted in the area of the front yard nor in front of the building nor within 25 feet of the side and rear boundary lines in said side and rear yard areas.
B.
Any outside storage of materials, equipment, finished products, parts or commodities within the permitted areas of any side and rear yards shall be completely enclosed by fencing of a type and design approved by the Board of Supervisors which is adequate to conceal the stored items from adjacent properties and from the street or highway.
C.
No flammable or explosive liquids, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connected with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
D.
No waste, rubbish and discarded materials shall be stored outside of the building unless it is placed within a completely fenced-in area so as to conceal the materials.
E.
No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.
F.
All materials 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 containers.
§ 230-113 Electric, diesel, gas or other power.
Every use requiring power shall be so operated that the service lines, substation, etc., shall conform to the highest safety requirements known, shall be designed, constructed and installed as an integral part of the architectural features of the plant and, if visible from abutting residential properties, shall be concealed by coniferous planting.
§ 230-114 Industrial waste or sewage.
No limited industrial use shall discharge any treated or untreated sewage or industrial waste into any reservoir or lake or discharge any untreated sewage or industrial waste into any stream. All methods of sewage and industrial waste treatment and disposal shall be approved by the Township Board of Supervisors and the Montgomery Township Municipal Sewer Authority.
§ 230-115 Height regulations.
A.
The maximum height of buildings and other structures erected or enlarged in this District measured at the line of all required yards shall be 30 feet, but any portion of a building erected above such height limit shall be erected within a recession plane beginning at the height limit as fixed herein and receding at the rate of one foot of recession for each one foot of additional height, provided that a height of 40 feet or more shall require a special exception, with no structure to be erected over 65 feet.
B.
The maximum height of a building used for lifestyle apartments shall be 30 feet; provided, however, the height of such building shall be permitted to increase by one foot for each additional foot the building is setback beyond the required minimum side yard setback line, but in no event shall the building height exceed 65 feet.
[Added 7-26-2021 by Ord. No. 21-321Z]
§ 230-116 Area, width and yard regulations.
A.
Site area requirements.
(1)
Minimum site area. An LI Limited Industrial District development site shall contain at least 10 acres.
(2)
Building coverage. Maximum building coverage shall not exceed 40% of the total site area.
(3)
Impervious material coverage. Maximum impervious material coverage shall not exceed 30% of the total site area.
B.
Building lot requirements.
(1)
Minimum lot area. The minimum building lot size permitted in an LI Limited Industrial District shall be one acre, except that no more than 50% of the total site area may be used for building lots of less than two acres.
(2)
Lot width and yard requirements. Building lots shall meet the following requirements:
Value for Lots of | ||||
|---|---|---|---|---|
Minimum Area Requirement | 2 or More Acres (feet) | 1.5 to 2 Acres (feet) | 1 to 1.5 Acres (feet) | |
Lot width at building line | 150 | 120 | 100 | |
Lot width at street line | 50 | 50 | 50 | |
Front yard | 100 | 80 | 60 | |
Side yard | ||||
Aggregate | 100 | 80 | 60 | |
1 side minimum | 25 | 20 | 15 | |
Any yard abutting street or residential district (minimum setback)- | 100 | 100 | 100 | |
Rear yard | 50 | 40 | 30 | |
(3)
Building coverage. Maximum building coverage shall not exceed 40% of the total lot area.
(4)
Impervious material coverage. Maximum impervious material coverage, including building coverage, shall not exceed 65% of the total lot area.
(5)
Green area coverage. The minimum land area devoted to green vegetative cover shall not be less than 35% of the total lot area.
[Added 6-2-1986 by Ord. No. 17-029]
§ 230-117 On-site parking and loading.
A.
For any limited industrial use, there shall be at least one off-street parking space for every three employees. No parking or loading shall be permitted within the front yard area nor in front of the building nor within 10 feet of the side and rear boundary lines of any property or lot. The adequacy of off-street parking facilities shall be subject to the continuing jurisdiction of the Board of Supervisors, which shall have authority to require such additional parking, ingress and egress facilities as it deems necessary.
B.
Parking requirements for lifestyle apartments.
[Added 7-26-2021 by Ord. No. 21-321Z]
(2)
If a covered parking garage is included as part of the lifestyle apartment building, then up to 15% of the parking spaces located in the covered parking garage shall be permitted to be compact parking spaces, eight feet by 16 feet; provided that such compact parking spaces shall be assigned spaces to the residents of the lifestyle apartment building by the management company thereof.
(3)
Parking may be permitted in the front yard of the subject property if the property does not have frontage immediately adjacent to a public right-of-way and/or in front of the proposed building; provided, however, parking shall be setback at least 15 feet from any property boundary line.
§ 230-118 Application and approval procedure.
A.
Plans for a limited industrial use shall be submitted to the Board of Supervisors prior to the issuance of any zoning permit or certificate of occupancy as provided in Article XXII and such plans shall include, among other things, the following:
(1)
An accurate plot plan, drawn to scale, of the lot, showing the location of all present and proposed buildings, driveways, parking areas, abutting streets, alleys, highways, grass areas and areas of plantings, disposal fields and other constructional features on the lot and streams and other topographical features of the lot.
(2)
Architectural plans for any proposed buildings.
(3)
A description of the industrial operations proposed in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, vibrations, radiation, electrical interference, glare, air pollution, water pollution, fire hazards or safety hazards.
(4)
Engineering and architectural plans for the treatment and disposal of sewage and industrial waste.
(5)
Engineering and architectural plans for the handling of any excess traffic congestion, noise, glare, air pollution, water pollution, fire hazards or safety hazards.
(6)
Designation of the fuel proposed to be used and any necessary architectural and engineering plans for controlling smoke.
(7)
The proposed number of shifts to be worked and the maximum number of employees on each shift.
(8)
Any other data or evidence that the Board of Supervisors may require.
B.
Upon receipt of plans for any proposed use in the LI-Limited Industrial District, and recommendations thereon by the Board of Supervisors, the Board shall have the power of approval or disapproval of these plans. The Secretary of the Board of Supervisors shall notify, in writing, the Zoning Officer of its final decision and any special conditions agreed upon regarding any limited industrial use.
[Amended 7-26-2021 by Ord. No. 21-321Z]
C.
Plans for lifestyle apartments shall be submitted to the Board of Supervisors prior to the issuance of any zoning permit or certificate of occupancy as provided in Article XXII and such plans shall include, among other things, the following:
[Added 7-26-2021 by Ord. No. 21-321Z]
(1)
An accurate plot plan, drawn to scale, of the lot, showing the location of all present and proposed buildings, driveways, parking areas, abutting streets, alleys, highways, grass areas and areas of plantings, and other constructional features on the lot and streams and other topographical features of the lot.
(2)
Architectural plans for any proposed buildings.
§ 230-119 Landscaping and screening.
§ 230-120 Entrance- and accessways.
[Added 7-28-1986 by Ord. No. 17-037]
A.
All entrance- and accessways shall be of sufficient width, with widened radii where they meet the sides of roads and highways, to conveniently and safely accommodate the flow of traffic. The locations of entranceways shall be subject to the approval of the Board of Supervisors. The entrance- and accessways shall be designed, constructed and maintained to provide safe and efficient ingress and egress for traffic without undue congestion or interference with the normal traffic flow on the abutting streets and highways.
B.
If deemed appropriate by the Board of Supervisors and approved by the Pennsylvania Department of Transportation when required, the developer shall be required to widen the paved road frontage abutting the site, install curbing along the same and/or build acceleration and deceleration lanes to provide for the safe and efficient ingress and egress of motor vehicles.
C.
Safe and efficient ingress and egress is to be provided to and from public streets serving the site without undue congestion or interference with traffic flow within the Township.