Pocopson Township City Zoning Code
ARTICLE VII
Limited Industrial District
§ 250-42 Purpose.
The purpose of the Limited Industrial District is to provide a location within the Township for light manufacturing, research, warehousing/distribution, and similar operations, together with such uses as may be incidental to these operations. Permitted uses, design standards, and performance criteria are intended to protect the rural and residential character of the community and to mitigate the potential impacts of industrial uses on adjacent properties and the broader community.
§ 250-43 Use regulations.
[Amended 4-26-1999 by Ord. No. 1-1999; 2–26–2001 by Ord. No. 2–2001; 7-13-2015 by Ord. No. 3-2015; 11-19-2003 by Ord. No. 3-2003; 5–24–2007 by Ord. No. 2–2004; 7-27-2020 by Ord. No. 3-2020;1-24-2022 by Ord. No. 1-2022]
A building or group of buildings may be erected, altered, or used, and a lot may be used or occupied, for any of the following purposes and no other:
A.
Principal permitted uses.
(1)
Agriculture - general.
(2)
Agriculture - intensive.
(3)
Business, administrative, professional, or governmental office.
(4)
Research laboratory.
(5)
Wholesale and distribution center, indoor warehousing and storage, and trucking incidental to such uses.
(6)
Bottling, packing, or crating operations.
(7)
Fabrication, production, assemblage, and painting of products/materials; and matching and assemblage of tools, dies, jigs, fixtures, and molds.
(8)
Manufacturing.
(9)
Printing, publishing, binding, and similar operations.
(10)
Storage.
(12)
Municipal use.
(13)
Governmental use.
(14)
Active recreation and commercial recreational use.
(15)
Any accessory or incidental use necessary to the principal permitted use conducted on the property.
B.
The following uses are permitted only upon the grant of conditional use approval by the Board of Supervisors, in accordance with the terms of this article and of § 250-70 of this chapter:
(1)
Industrial park and/or office campus, comprised of multiple uses, housed in more than one building on a single tract or on individual lots within a unified development concept.
(2)
Junkyard.
(3)
Hospital.
(4)
Automobile service station or convenience store with or without the sale or dispensing of gasoline or other fuel products; subject to the following requirements:
(a)
No outdoor storage of materials and supplies shall occur.
(b)
All gasoline pumps and service islands shall be set back a minimum of 50 feet from any street right-of-way and a minimum of 50 feet from any property line which abuts a residential lot.
(c)
All repair operations shall occur indoors.
(e)
Fuel tanks shall be placed underground and shall use materials and be designed in accordance with state and federal regulations.
(5)
Landfills, bulk refuse storage and transfer facilities, power generation facilities, and natural or propane gas handling or storage facilities.
(6)
Car wash.
(8)
Hotel/motel.
§ 250-44 Prohibited industrial uses.
In no case shall the following uses or any substantially similar thereto be permitted: bulk storage of fireworks and explosives; fat rendering; incineration or reduction of garbage (except by Township agencies); leather processing; manufacture of asphalt, cement, noxious or hazardous chemicals, explosives, fertilizer, iron or steel (including blast furnace, smelting, and other basic processes in the manufacture of iron and steel), linoleum, paint, plastics, rubber (including rubber and synthetic processing), textiles, or soap; petroleum refining and storage in aboveground tanks; hair; felt, and feather washing, curing, and dyeing; wood pulp processing; or any use resulting in the discharge of industrial waste into surface or subsurface waters. In addition to the specific uses prohibited by this section, no industrial use prohibited by Article IX, Prohibited Uses, shall be permitted in this district.
§ 250-45 Area and bulk regulations.
Except as stipulated in § 250-49 below, which refers to conditional uses only, the following regulations shall apply to all uses in the LI District:
A.
Minimum lot area. A lot area of not less than four acres shall be provided for every use.
B.
Minimum lot width. Each lot shall have a width of not less than 250 feet, measured at the building setback line, and not less than 200 feet measured at the front lot line.
C.
Minimum front yard. No building with front yard parking shall be situated less than 75 feet from the front lot line. Without parking, a minimum of 35 feet shall be required from the front lot line.
D.
Minimum side and rear yard. No building shall be situated less than 50 feet from any side or rear lot line.
E.
Maximum impervious surface. Not more than 40% of any lot shall be covered by impervious surfaces.
[Amended 5-20-2019 by Ord. No. 5-2019]
F.
Building separation, placement, and access standards.
(1)
Notwithstanding the requirements of Subsection D, above, whenever a property within the Limited Industrial District contains a nonresidential use with abuts an existing residential use or a residentially zoned property, any nonresidential structure shall be located not less than 100 feet from the abutting residential property line.
G.
Minimum vegetative cover. Not less than 35% of any lot shall be planted and maintained with existing and/or installed vegetative material.
H.
Maximum height. No building or other structure erected, altered, or enlarged in the LI District shall exceed a height of three stories or 35 feet, whichever is less, unless a greater height is authorized as a special exception by the Zoning Hearing Board. In no case shall maximum height exceed 55 feet; for each foot of increased height above 35 feet, the minimum required yard depths shall increase by two feet. In granting any special exception, the Board shall find such increased height reasonably necessary for efficient and economical construction, generally in the public interest, and otherwise consistent with applicable design standards.
§ 250-46 Design standards.
The Limited Industrial District is designed to provide for light industrial and processing uses, as well as research, office and warehousing, which do not detract from the residential or nonindustrial character of the surrounding areas and do not prejudice the use of adjoining tracts for other light industrial uses. Therefore, in addition to the other applicable provisions of this chapter, the following specific standards shall apply to all uses in the LI District with the exception of agricultural uses:
A.
Each use permitted in the district shall be conducted within a completely enclosed building, provided that outdoor storage may be allowed in conjunction with a permitted use if the area used for storage is located and/or screened so as not to be visible from an adjoining property line or public road.
B.
The surrounding area each permitted building shall be suitably and attractively landscaped. A landscaping plan shall be submitted to the Township for review and approval. Such plan shall include the installation of trees of minimum three-inch DBH adjacent to all internal and perimeter roads; unless clearly infeasible, such trees shall be native species. The minimum number of installed trees shall be on the equivalent basis of planting on fifty-foot centers; the planting shall, however, effect a natural pattern, in conjunction with existing vegetation.
C.
Each building shall be designed so as to minimize traditional industrial appearance and shall, insofar as is practicable, afford minimum external evidence of the nature of the operation conducted therein.
D.
No products or goods shall be displayed so as to be visible to the public, either on or off the site.
E.
Adequate provision shall be made for water supply and for sewage and other waste disposal. Where public water and sewage facilities are not used, the proposed water supply and sewage disposal systems shall be approved by the Township and other appropriate governmental agencies.
F.
Along any rear or side property line which abuts a residential district or Township boundary line, a buffer yard shall be provided which shall be not less than 100 feet in width. This required yard shall be measured from the boundary line or from the street line where a street constitutes the boundary. The first 40 feet of such yard space nearest the district or Township boundary line shall be used only as a buffer planting strip; it shall contain raised berms in any area where lights from vehicles would shine on adjoining properties. The remaining 60 feet of space may be used for off-street parking or for any permitted purpose other than a building or permanent structure.
G.
A fire control pond and dry hydrant, sized to meet the requirements of the Township and the servicing fire company, shall be provided within 500 feet of any proposed building, except where an existing hydrant already is within 500 feet of all proposed buildings.
H.
Individual stormwater control areas shall be provided, and stormwater management measures shall be in compliance with the requirements of the Township Subdivision and Land Development Ordinance.
I.
Each use shall comply with the provisions of § 250-87 of this chapter relating to conservation of natural features.
J.
Each use shall comply with the provisions of § 250-88B of this chapter relating to parking requirements and standards. Only visitor parking shall be permitted in any front yard.
K.
The Board shall require land and facilities, as it deems appropriate, for recreational use by those employed at or otherwise occupying the tract. In general, the Board shall require that one acre per each 20 acres of the tract, or the proportional equivalent thereof, be set aside for such purposes. A trail corridor, either existing or proposed, shall be designated on each tract so as to form an integral part of the Township trail network. Indoor recreation facilities may be deemed adequate by the Board to satisfy the requirements of this section other than the trail corridor. In determining the adequacy of any proposal, the Board shall consider the number of employees, the degree to which they will occupy the site on a full-time basis, their anticipated age levels, and the characteristics of this site.
L.
A system of sidewalks and pathways shall be designed to interconnect buildings and to provide access to recreational amenities. In the design of this system, attention shall be paid to safety, security, and aesthetic appropriateness, as well as to providing adequate outside seating.
M.
The creation of new access points with existing streets and the design of streets shall be governed by the standards of § 250-90A and C of this chapter and §§ 190-29 and 190-30 of the Township Subdivision and Land Development Ordinance. In any case, an accessway to a single property shall be a minimum of 500 feet from other accessways on the same side of the road. Where the Subdivision and Land Development Ordinance refers to residential streets, such standards shall also apply to streets in this district.
[Amended 5-9-2011 by Ord. No. 1-2011]
§ 250-47 General performance standards.
A.
Any use of land in the LI District shall be in compliance with all standards stipulated in Article IX of this chapter.
B.
Any use in the LI District shall be such that it:
(1)
Does not engage in the storage of nonhazardous waste material, as defined by Pennsylvania Act 97 of 1980, as amended (Solid Waste Management Act), on the lot for any period beyond 30 days.
(2)
Does not engage in the production, treatment, or storage of toxic or hazardous waste, as defined by Pennsylvania Act 97 of 1980, as amended (Solid Waste Management Act).
C.
Existing and proposed perimeter and internal roads must meet the specifications determined by the Township Engineer as adequate for the LI District in general and the proposed use in particular. The Township Engineer may specify road standards that exceed those set forth for residential and collector streets in the Township Subdivision and Land Development Ordinance, on the basis of anticipated volume and/or weight of truck traffic, difficult training radii, hazardous sight distances, problems of acceleration or deceleration, and the like.
D.
All utilities must be underground.
§ 250-48 Plan submission requirement.
[Amended 11-28-2005 by Ord. No. 3-2005]
In order to demonstrate compliance with this article, any applicant proposing a use authorized by right or by conditional use within the LI District shall submit a plan (map and text) to the Township Zoning Officer, describing specifically how each standard cited in §§ 250-45, 250-46, 250-47 and, for conditional uses, § 250-49, shall be addressed. The plan also shall include a certification from the chief of the servicing fire company as to the adequacy of access for emergency vehicles. In addition to requirements contained in this article, such plan also shall demonstrate compliance with any other applicable standards of the Township Subdivision and Land Development Ordinance. The Board shall review and approve the plan for any permitted use prior to the issuance of the permit. For a conditional use, the plan shall be reviewed in accordance with the procedures in § 250-49 of this chapter.
§ 250-49 Conditional use standards and criteria.
Any application for conditional use approval under the terms of this article shall comply with the provisions of § 250-70 of this chapter, and shall comply further with the specific standards and criteria of this section. Any proposed conditional use shall comply fully with the design and general performance standards of §§ 250-46 and 250-47, respectively, unless any such standard is specifically superseded by the terms of this section.
A.
Any application for conditional use approval of an industrial or office park shall meet the following criteria and standards:
(2)
General requirements.
(a)
Ownership. The tract of land to be developed shall be in one ownership, or shall be the subject of an application filed jointly by the owners of the entire tract, and shall be under unified control. If ownership of the entire tract is held by more than one person or entity, the application shall identify and filed on behalf of all the said owners. Approval if the plan shall be conditioned upon agreement by the applicant or applicants that the tract shall be developed under single direction in accordance with the approved plan. No site preparation or construction shall be permitted other than in accordance with the approved plan. If ownership of all or any portion of the tract changes subsequent to approval of the plan, no site preparation or construction by such new owner or owners shall be permitted unless and unit such owner or owners shall review the terms and obligations of the approved plan and agree in writing to be bound thereby with respect to development of the tract.
(b)
Sewer and water facilities. The tract of land shall be served by a central water supply system and a community or public sewage system deemed acceptable by the Board of Supervisors, upon recommendation of the Township Engineer. The applicant shall demonstrate that any such system shall be able to comply with the applicable requirements of the Public Utility Commission, the Department of Environmental Protection, and/or the Chester County Health Department.
(c)
Development plan. The application for development shall be accompanied by a unified, overall site plan covering the entire tract, regardless of any intended phasing of development. The plan shall show in detail the proposed development uses and nondevelopment uses of the tract, including (where appropriate): reserve areas for possible future expansion; coordinated internal and external vehicular and pedestrian circulation; well related, convenient, and efficient parking and loading areas; and high quality design in terms of building relationship, facade treatment, signage, lighting, landscaped, and planted buffers and screens, as well as other natural and constructed amenities.
(d)
Covenants and restrictions. The language, terms and conditions of any proposed covenants or restrictions shall be subject to review and recommendation by the Township Solicitor.
(3)
Area and bulk requirements.
(a)
Minimum tract size: 10 acres.
(b)
Minimum average lot size: three acres.
(c)
Minimum size, any lot: two acres.
(d)
Minimum tract frontage on a public street: 300 feet.
(e)
Minimum building setback from tract property: 150 feet.
(f)
Minimum size yards and rear yard: 75 feet.
(h)
Maximum impervious cover on a lot: 60%.
(i)
Minimum vegetated area per lot: 25%.
(j)
Average impervious coverage for the tract shall not exceed 40%.
(k)
Average floor area for the tract shall not exceed 45%.
B.
Any application for conditional use approval of supplemental retail or service commercial facilities shall meet the following criteria and standards:
(1)
Design and siting of the facilities shall be integrated fully within the overall design of the larger tract that they are to serve. Retail or service commercial facilities shall be incorporated within a structure or structures devoted primarily to industrial or office use.
(2)
Signage shall be designed primarily to meet interior circulation needs. One ground or wall identification sign, consistent with the terms of Article VIII of this chapter, shall be permitted for the road frontage or frontages of the industrial park tract.
(3)
The Board shall determine, to its own satisfaction and based upon the application submitted, whether the amounts and types of uses can be deemed supplemental to and primarily in support of the primary use of the tract.
C.
Any application for conditional use approval of a junkyard shall meet the following criteria and standards:
(1)
Every licensee hereunder shall at all times keep and maintain records of: the time of his purchase, acquisition, or receipt of junk; a full and complete description, including trade names, serial or manufacturer's numbers, if any, of every article or item of junk processed, acquired, or received by him; the date and approximate hour of such purchase, acquisition, or receipt; and the name and address of the person from whom such articles or items of junk were purchased, acquired, or received. Such written records shall at all times be subject to the inspection of the Township. Such records shall be retained for a period of five years.
(2)
Every licensee hereunder shall continuously maintain the licensed premises in the manner hereinafter prescribed:
(a)
Such premises shall at all times be maintained so as not to constitute a nuisance, or a menace to the health and welfare of the community of the community or to residents nearby, or a place for the breeding of rodents and vermin.
(b)
No garbage, other organic waste, or hazardous waste shall be stored on such premises.
(c)
The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water upon the licensed land and to facilitate access for inspection purposes and fire-fighting. All junk shall be arranged and maintained in a neat and orderly fashion. All junk shall be arranged in two rows with a minimum of 20 feet of clear space between each row; each row shall be no greater in width than 40 feet.
(d)
Every structure erected upon the licensed premises and used in connection therewith shall be of fireproof construction, as deemed sufficient by the Township Engineer.
(e)
Gasoline, oil, air-conditioning refrigerant, or any similar potentially hazardous substance shall be removed from any junk or other items stored on the premises. Disposal or storage of such liquids shall be in a manner deemed acceptable by the Board upon advice of the Township Engineer and/or Fire Marshal; such liquids shall not be deposited on or into the ground.
(f)
No junk or other material shall be burned on the premises.
(4)
No junk shall be stored or accumulated, nor shall any structure be erected, within 100 feet of the side and rear lines of the licensed premises. No junk shall be stored or accumulated, nor shall any structure be erected that is used in connection with said junkyard, within 150 feet of any street right-of-way line that the licensed premises abuts.
(5)
No item of junk shall be stored, maintained, situated, placed, or otherwise located within any designated floodplain area or within 100 feet of any river, stream, run, creek, irrigation ditching, or any other natural watercourse. The more stringent of these two standards shall govern in all cases.
(6)
The premises shall be enclosed by a metal chain link fence constructed of heavy duty steel and supported upon steel posts, or in lieu thereof, a solid masonry or metal wall of a uniform design, texture and structure. Such fence or wall shall be located no closer than 150 feet from the street right-of-way line, as stipulated in Subsection C(4), above. The land area between the fence or wall and any public street shall be landscaped in a manner deemed satisfactory by the Board. Such fence or wall shall not be less than six feet in height. It is further provided that these fencing provisions shall be applicable only to that portion of the premises being used directly for the storage of junk and shall not be applicable to the balance of the property owned or used by the junkyard operator so long as said remaining portion of land is not being used for the storage of junk.
(7)
By means of a fence or wall, as described immediately above, or vegetative material, or combination thereof, any view of the junkyard from a public road or from an adjoining property shall be effectively screened.
(8)
The maximum height of any outdoor, unenclosed accumulation of junk materials within a junkyard shall be eight feet.
(9)
Licensing procedures.
(a)
No person shall establish or operate a junkyard in Pocopson Township except as authorized by this chapter and without first having obtained a license therefor from the Township.
(b)
Application for such license shall be made in writing and in the form prescribed by the Board of Supervisors, and shall contain the name of the applicant, his address, the address of the premises upon which such junkyard is to be established or operated, and the name of the owner or owners of said property, if other than the applicant.
(c)
Upon any subsequent application for license renewal, a statement shall be required by the applicant that, during the preceding term of his license, he did comply with and did maintain his premises in full compliance with the provisions of this chapter.
(d)
Each initial application shall describe the premises upon which the junkyard is to be established or operated, specifying therein setback lines, structures erected thereon, dwellings erected upon the premises adjacent to the premises proposed to be used, and any other applicable area, bulk, dimensional, and design requirements of this chapter.
(e)
Every applicant for a junkyard or for renewal of a junkyard permit shall pay an annual fee, the amount of which shall be established by resolution of the Board of Supervisors. All licenses shall be issued for a term of one year, beginning January 1 and ending December 31 of each calendar year. All licenses must be renewed annually on or before the first day of each year.
(f)
Where the Board of Supervisors grants approval of an application for a junkyard license, the Township shall issue to the applicant a license, upon which said license shall be designated the name of the junk dealer and the address of the premises approved for the use as a junkyard. Such license shall at all times be posted conspicuously upon the premises licensed thereunder. No such license issued by the Board shall be transferable or assignable by agreement, will, intestacy, or otherwise.
(10)
Inspections.
(a)
The Township shall, from time to time, inspect the premises of every license hereunder for the purpose of determining whether said licensee has established and maintained his premises in full compliance with the provisions of this chapter. The Township shall forthwith prosecute any discovered violation of this chapter.
(b)
Any junkyard in the Township shall at all times be subject to inspection during reasonable hours of the day by authorized representatives of the Township without prior notice.