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Rostraver Township City Zoning Code

ARTICLE XV

I-3 Mixed Industrial - Services District

§ 195-48 Statement of purpose and use summary.

The I-3 Mixed Industrial - Services District is designed to accommodate services or industrial activities of the types permitted in the I-2 District and to permit adult-oriented entertainment and businesses, commercial recreation, hotels and motels and eating and drinking establishments.
A. 
Uses permitted by right.
(1) 
All uses permitted by right in the I-2 District.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), which listed eating and drinking establishments as a use permitted by right, was repealed 4-1-2015 by Ord. No. 654.
B. 
Conditional uses.
(1) 
Water-related recreation.
(2) 
Adult businesses.
(3) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection B(3), Electronic variable message sign, added 12-4-2002 by Ord. No. 475, was repealed 4-5-2006 by Ord. No. 545.
(4) 
Billboard.
[Added 12-4-2002 by Ord. No. 475]
(5) 
Principal solar energy systems.
[Added 5-6-2020 by Ord. No. 728]
C. 
Special exception.
(1) 
Those uses permitted as special exceptions in the I-2 District.
(2) 
(Reserved)[3]
[3]
Editor's Note: Former Subection C(2), which listed hotel and motel as a special exception, was repealed 4-1-2015 by Ord. No. 654.
(3) 
(Reserved)[4]
[4]
Editor's Note: Former Subection C(3), which listed commercial recreation as a special exception, was repealed 4-1-2015 by Ord. No. 654.
(4) 
Electronic variable message sign.
[Added 4-5-2006 by Ord. No. 545]
(5) 
Water treatment and storage facility.
[Added 5-2-2012 by Ord. No. 627]
D. 
Accessory uses.
(1) 
Uses customary to principal use.
(2) 
Accessory solar energy systems.
[Added 5-6-2020 by Ord. No. 728]

§ 195-49 Conditional use provisions.

The following conditional uses may be authorized by the Township Commissioners pursuant to the standards and criteria specified herewith:
A. 
Water-related recreation. This use shall be subject to all standards and criteria applicable to water-related recreation as are set forth in § 195-45A of this chapter.
B. 
Adult businesses. This use shall be subject to the following express standards and criteria and to any other standards and criteria generally applicable to all conditional uses:
(1) 
Adult businesses may be established only in an I-3 District.
(2) 
Persons or owners who intend to open an adult business must obtain from Rostraver Township a license to operate such an enterprise and must pay an investigation fee to Rostraver Township as set from time to time by resolution of the Board of Commissioners. In addition, such persons or owners must supply to the Township detailed information as to the ownership and financing as required on the licensing application form. This form can be obtained at the office of the Township Secretary.
(3) 
No adult business can be located within 500 feet of a preexisting residence, school, hospital, day-care center, nursing home, sanitarium, retirement or convalescent home, group home, personal care home, public park, church, establishment which is licensed to and does sell alcoholic beverages or other adult business.
(4) 
No adult business can be located within 1,000 feet of an area zoned residential.
(5) 
An adult business shall be initially licensed, where it has met all ordinance requirements, through December 31 of the year in which the license is issued. For each year thereafter that the adult business intends to continue its business as an adult commercial enterprise, it must seek from the office of the Secretary of Rostraver Township a renewal of this license. The application for renewal is due in the Secretary's office no later than November 1 of the year preceding the year for which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Township to deny or revoke an occupancy permit to an adult business.
(6) 
Any adult business found to be in violation of the Rostraver Township Zoning Ordinance, as amended, shall be subject to the enforcement penalties provided for in the Rostraver Township Zoning Ordinance and/or the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(7) 
All lighting shall be designed and utilized in compliance with § 195-81.2.
[Added 4-7-2004 by Ord. No. 508]
(8) 
All parking areas shall be landscaped subject to the standards and criteria of Article XVII, § 195-64D, of this chapter and shall provide a screen planting, subject to the standards and criteria of Article XVIII, § 195-75G, of this chapter.
[Added 6-2-2010 by Ord. No. 601]
C. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection C, Electronic variable message sign, added 12-4-2002 by Ord. No. 475, was repealed 4-5-2006 by Ord. No. 545.
D. 
Billboard, subject to the standards and criteria of Article XVI, § 195-58H, of this chapter.
[Added 12-4-2002 by Ord. No. 475]
E. 
Principal solar energy systems subject to the standards and criteria of Article XIII, § 195-41D, of this chapter.
[Added 5-6-2020 by Ord. No. 728]

§ 195-50 Special exception provisions.

The following special exceptions may be authorized by the Zoning Hearing Board pursuant to the standards and criteria specified herewith:
A. 
Surface mining, subject to the standards and criteria of Article VI, § 195-14K, of this chapter.
B. 
Mine ventilating shaft, subject to the standards and criterion of Article VI, § 195-14G, of this chapter.
C. 
Airports, development and operation subject to the requirements of Article XVIII, § 195-79, of this chapter.
D. 
Junkyards, development and operation subject to the requirements of Chapter 112 of the Code of Ordinances of Rostraver Township.
E. 
Waste disposal and sanitary landfill, subject to the requirements of Article XV, § 195-46E, of this chapter.
F. 
Deep mines, subject to the requirements of Article XV, § 195-46F, of this chapter.
G. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection G, regarding commercial recreation, was repealed 4-1-2015 by Ord. No. 654.
H. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection H, regarding hotels and motels, was repealed 4-1-2015 by Ord. No. 654.
I. 
Blasting, subject to the standards and criteria of Article VI, § 195-14N, of this chapter.
[Added 4-2-2003 by Ord. No. 483]
J. 
Educational institution, commercial, subject to the standards and criteria of Article XI, § 195-34B, of this chapter.
[Added 4-2-2003 by Ord. No. 483]
K. 
Electronic variable message sign, subject to the standards and criteria of Article XVI, § 195-55.1, of this chapter.
[Added 4-5-2006 by Ord. No. 545]
L. 
Methadone treatment facility, subject to the standards and criteria of Article XIV, § 195-46L, of this chapter.
[Added 7-5-2006 by Ord. No. 549]
M. 
Correctional facility, subject to the standards and criteria of Article XIV, § 195-46M, of this chapter.
[Added 4-4-2007 by Ord. No. 562]
N. 
Juvenile detention facility, subject to the standards and criteria of Article XIV, § 195-46N, of this chapter.
[Added 4-4-2007 by Ord. No. 562]
O. 
Halfway house, subject to the standards and criteria of Article XIV, § 195-46O, of this chapter.
[Added 6-2-2010 by Ord. No. 601]
P. 
Gas and oil drill site, subject to the standards and criteria of Article VI, § 195-14S, of this chapter.
[Added 6-1-2011 by Ord. No. 617]
Q. 
Natural gas compressor station, subject to the standards and criteria of Article XIII, § 195-42L, of this chapter.
[Added 6-1-2011 by Ord. No. 617]
R. 
Natural gas processing plant, subject to the standards and criteria of Article XIII, § 195-42M, of this chapter.
[Added 6-1-2011 by Ord. No. 617]
S. 
Staging facility, subject to the standards and criteria of Article XIII, § 195-42N, of this chapter.
[Added 6-1-2011 by Ord. No. 617]
T. 
Oil and gas water storage facility, subject to the standards and criteria of Article XIII, § 195-42O, of this chapter.
[Added 6-1-2011 by Ord. No. 617]
U. 
Water treatment and storage facility.
[Added 5-2-2012 by Ord. No. 627]
(1) 
A special exception shall be obtained for all water treatment and storage facilities that will treat and/or store nonpotable water, including but not limited to brine and frac water. All applications submitted for consideration of the Zoning Hearing Board shall include, at a minimum, the following documentation and all other pertinent data deemed necessary to process the application:
(a) 
Written permission from the property owner(s).
(b) 
A written description of the character of the proposed operation, its timing and proposed duration, together with duplicates of maps and plans submitted to state and federal regulatory agencies or authorities for the issuance of necessary permits.
(c) 
A survey of the property showing all permanent facilities (tanks, ponds, or other surface installations) with locations and distances to property lines, the approximate number of acres to be disturbed for development, and identifying the floodway of the property(ies) as identified in the Flood Insurance Study (FIS) prepared and approved by the Federal Emergency Management Agency (FEMA).
(d) 
No activities or substances of a hazardous safety or environmental nature shall be employed, carried or utilized as part of any operations conducted on the site unless specifically provided for as part of the special exception application.
(e) 
The applicant must provide the Township with a list and description of all equipment weighing in excess of 10 tons and identification of the proposed routing of vehicles on Township roads. The proposed hauling routes must be designed to minimize the impact on collector, connector and local streets within the Township. The Township reserves the right to designate required truck hauling routes throughout the Township.
[1] 
Vehicular access to a site solely via a local residential street is prohibited.
[2] 
Vehicular access to a site via a collector street is permitted.
(f) 
A complete drainage and stormwater drainage plan, which includes all storm sewers and appurtenances, along with an approved best management practice method of disposal of all stormwater collected, that will verify the peak post-development release rate of runoff shall comply with the stormwater management districts established in Chapter 164 of the Code of the Township of Rostraver,[3] including but not limited to any necessary agreements and/or bonding.
[1] 
If the stormwater drainage plan proved that a detention structure is needed to maintain the peak post-development release runoff rate for that stormwater management district in Chapter 164 of the Code of the Township of Rostraver, agreements will need to be done to confirm that the detention structure will remain intact after the project is complete. The Township shall obtain a bond from the responsible party to insure compliance with this provision.
[2] 
In the event the Township determines that the public interest is best served by mandating that the pond be filled in at a reasonable time after land disturbance activities have been substantially completed, the landowner/developer shall complete the same at a time and in a manner required by the Township. The Township shall obtain a bond from the responsible party to insure compliance with this provision.
[3]
Editor's Note: See Ch. 164, Stormwater Management.
(g) 
The applicant shall provide the Township with a copy of the Preparedness Prevention and Contingency Plan (PPC), as required by and filed with the Pennsylvania Department of Environmental Protection, and a copy of the SARA Title III Tier II Chemical Inventory submitted to PENNSAFE.
(h) 
The applicant shall provide an outline of the training program for Township's first responders.
(2) 
Water treatment and storage facilities shall only be permitted to occur on property with a minimum of 20,000 square feet.
(3) 
In accordance with the appropriate Township ordinance, as amended, driveways accessing the site shall be paved with an impervious material from the paved public street for a distance of 50 feet into the site. The impervious material shall be in place prior to the commencement of the facilities.
(4) 
All traffic shall enter and exit the site via designated driveway access points that connect with adjacent public rights-of-way. Said access points shall be approved by local and PennDOT officials. Prior to initiating any work at the site, the Township shall be provided a copy of the highway occupancy permit prior to commencing site development to access the site and for overweight vehicles.
(5) 
In compliance with § 187-16, the applicant of the water treatment and storage facility and any or all subcontractors shall execute an excess maintenance agreement with the Township for a permit and post a bond at the paved highway rate in favor of the Township in a form acceptable to the Township prior to beginning any work on a drill site. The bond is to guarantee restoration of Township roads damaged as a result of hauling associated with the facility.
(6) 
Dust, vibration, odors. All activities/operations shall be conducted in such a manner to minimize dust, vibration or noxious odors and shall be in accordance with § 195-74.
(7) 
Complete site restoration within one year following the termination of the use of a facility for water treatment and storage in accordance with Pennsylvania Department of Environmental Protection regulations. Topsoil must remain on site so it can be put back during the restoration of the site.
(8) 
The facility and/or its operation shall comply with all applicable permits and requirements of the Pennsylvania Department of Environmental Protection, the United States Environmental Protection Agency, and any other governmental authority having jurisdiction over its operations and with all federal, state and local laws, ordinances and regulations promulgated to protect the environment or otherwise relating to environmental matters.
(9) 
All applicants for a special exception shall reimburse Rostraver Township all reasonable and necessary professional consultant fees incurred by the Township related to application for activities authorized by this Subsection U. Additionally, all applicants shall reimburse the Township for consulting fees and costs incurred in enforcing this Subsection U upon a finding of violation by a District Justice.
(10) 
Federal or state law or regulation preempts ordinance requirements that conflict with federal or state statute or regulation. The Township acknowledges that it is preempted from regulating the operational methods of the oil and gas industry and may only regulate land uses.

§ 195-51 Lot, area and dimensional requirements.

The following requirements shall apply in I-3 Mixed Industrial - Services Districts:
Use Category
Min. Lot Area
(sq. ft.)
Min. Lot Width
(ft.)
Min. Front Setback
(ft. from ROW)
Min. Side Yard
(ft.)
Min. Rear Yard
(ft.)
Max. Building Height
(ft.)
Max. Lot
Coverage
Permitted Use:
Eating and drinking establishments
5,000
60
25
15
15
35
50%
All other uses permitted by right in the I-2 District
Subject to the applicable requirements for such use set forth in § 195-47
Conditional Use:
Water-related recreation
32,000
120
50
15
NA
30
NA
Adult business
5,000
60
25
25
15
35
50%
Principal solar energy systems
[Added 5-6-2020 by Ord. No. 728]
Subject to the requirements of § 195-41D
Special Exception:[1]
All other uses permitted as special exceptions in the I-2 District
Subject to the applicable requirements for such use set forth in § 195-47
Blasting
[Added 4-2-2003 by Ord. No. 483]
Subject to the requirements of § 195-14N
Educational institution, commercial
[Added 4-2-2003 by Ord. No. 483; amended 12-29-2008 by Ord. No 580]
32,000
100
50
25
25
65
50%
Gas and oil drill site
[Added 6-1-2011 by Ord. No. 617]
Subject to the requirements of § 195-14S
Natural gas compressor station
[Added 6-1-2011 by Ord. No. 617]
Subject to the requirements of § 195-42L
Natural gas processing plant
[Added 6-1-2011 by Ord. No. 617]
Subject to the requirements of § 195-42M
Staging facility
[Added 6-1-2011 by Ord. No. 617]
32,000
150
50
25
25
40
50%
Oil and gas water storage facility
[Added 6-1-2011 by Ord. No. 617]
20,000
75
50
25
25
40
60%
Water treatment and storage facility
20,000
75
50
25
25
40
60%
NOTES:
NA Not applicable
[1]
Editor's Note: Entries regarding commercial recreation and hotel and motel, which immediately followed this heading, were repealed 4-1-2015 by Ord. No. 654.