Thornbury Township City Zoning Code
ARTICLE 9
LIMITED INDUSTRIAL DISTRICT
§ 27-901 LI Limited Industrial District.
[Ord. 2-1976, 2/3/1976, § 800]
1.
The Limited Industrial District is designed primarily to make special provision for modern industrial development which is appropriate in selected suburban locations. Among other things, Limited Industrial Districts are intended to:
§ 27-902 Use Regulations.
[Ord. 2-1976, 2/3/1976, § 801]
1.
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), pharmaceuticals, including medical marijuana grower/processor operations, plastics, professional and scientific instruments, textiles and toys.
[Amended by Ord. No. 2-2018, 6/20/2018]
D.
Accessory use on the same lot, with and customarily incidental to any of the above permitted uses.
§ 27-903 Area and Height Regulations.
[Ord. 2-1976, 2/3/1976, § 802]
1.
Lot Area. Every lot on which a limited industrial use is to be conducted shall be not less than four acres in size.
2.
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.
3.
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.
4.
Height. No building shall exceed 40 feet in height, excluding chimneys and stacks, tanks and tank towers, flagpoles, aerials and similar projections of the building, except when authorized as a special exception by the Zoning Hearing Board, in which case the maximum allowable height shall be 60 feet.
§ 27-904 Setback Regulations.
[Ord. 2-1976, 2/3/1976, § 803]
1.
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.
2.
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.
3.
Rear Yard. There shall be a rear yard on each lot which yard shall be not less than 100 feet in depth.
§ 27-905 Special Regulations Relating to Limited Industrial Development and Use.
[Ord. 2-1976, 2/3/1976, § 804]
1.
In addition to the requirements of this chapter, the plan for any proposed development shall comply with the standards of the Thornbury Township Subdivision and Land Development Ordinance [Chapter 22].
2.
The off-street parking, off-street loading and special provisions relating to highway frontage prescribed in Article 21 of this chapter shall apply.
3.
The following provisions shall apply to medical marijuana grower/processor operations in addition to any other provisions of this article, and Chapter 22 or Chapter 27 of the Township Code. In the event of a conflict between the terms of this subsection and Article 9, Chapter 22 or Chapter 27, the more restrictive provisions shall control.
[Added by Ord. No. 2-2018, 6/20/2018]
A.
Medical marijuana grow/process operations must be licensed by the Commonwealth of Pennsylvania pursuant to the Pennsylvania Medical Marijuana Act (Act of April 17, 2016 (P.L. 84, No. 16, 35 P.S. §§ 10231.101 through 10231.2110, as the same may be amended from time to time) to grow and process marijuana certified for medical use as legally prescribed by the Medical Marijuana Act.
B.
Medical marijuana may only be grown in an indoor, enclosed and secure building which includes electronic systems, electronic surveillance and other features required by the Medical Marijuana Act.
C.
There shall be no emission of dust, fumes, vapors, odors or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
D.
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the Medical Marijuana Act policy and shall not be placed within any unsecure exterior refuse or recycle containers.
E.
The grower/processor shall not operate any closer than 1,000 feet from a day care facility or a public, private, or parochial, school, college or university, or 250 feet from a recreation center or playground. Such distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the grower/processor application is located, to the closest property line of the protected district or use, regardless of the municipality in which it is located.
F.
A visual buffer planting screen with perimeter fencing is required where a medical marijuana grower/processor operation adjoins a residential use.
G.
Loading and off-loading areas shall be conducted within the building to the greatest extent possible.
§ 27-906 Performance Standards.
[Ord. 2-1976, 2/3/1976, § 805; as amended by Ord. 2-2005, 7/6/2005]
1.
In a Limited Industrial District, 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 Township, 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 limited 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 nitro-cellulose, 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, chlorates, 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 operated 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 (A.N.S.I.). 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 Micro bar) | |||||
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. | = | 6.28FxD | |
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 the 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 | |
Where vibration is produced as discrete impulses, and such impulses do not exceed a frequency of 100 per minute, then the values in Table two 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 contaminant 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)
Specific Contaminants.
(a)
Fugitive Emissions. As required by §§ 123.1 and 123.2, Chapter 123, Article III, Subpart C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 17 January, 1972, or as may be revised in the future.
(b)
Particulate Matter Emissions. As required by §§ 123.11, 123.12 and 123.13, Chapter 123, Article III, Subpart C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection, as revised 27 January, 1972, or as may be revised in the future.
(c)
Sulfur Compound Emissions - As required by §§ 123.21, 123.22, and 123.23, Chapter 123, Article III, Subpart C, Part 1, Title 25 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection as revised January 27, 1972, or as may be revised in the future.
(d)
Copies of the above regulations and related permit, operating and variance procedures are available for review at the Township offices during normal office hours.
(5)
Toxic or Noxious Matter.
(a)
Water-borne. 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.
1)
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.
2)
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 Atmospheres (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 187° 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 187° F., but not less than 110° 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 110° F. - shall be prohibited without special permit from the Township 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 187° 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 Township.
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 Township.
(8)
Storage. The storage of more than 10,000 gallons of materials or products having a closed cup flash point greater than 110° 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 Township.
(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 2° 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 foot-candles 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 5° F. above ambient temperature or to a maximum of 87° F., whichever is less; nor change the temperature by more than 2° 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. Those standards are:
Biological Oxygen Demand (BOD) | 5.0 ppm | |
Dissolved Oxygen (DO) | 5.0 mg/L | |
Suspended Solids (SS) | 10.0 ppm | |
Phosphorous as Phosphate | 0.2 ppm |
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 Township 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 Township and the second copy shall be kept at the site of construction.
(2)
Each submittal shall be examined by the Township Engineer who shall make recommendation to the Board of Supervisors within 30 days from the date of filing thereof.
(3)
Where a permit also is required from the Commonwealth Department of Environmental Protection, no Township permit shall be issued until the state permit has been obtained and evidence of same has been given to the Township.
(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 Code Enforcement Officer after certification by the Township Engineer and shall certify that the work has been done in accordance with the approved plans.
(5)
The Township 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.