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Upper Tulpehocken Township
City Zoning Code

ARTICLE XII

I-1 General Industrial Zoning District

§ 460-65 Specific intent.

It is the purpose of this zoning district to provide an area in which a variety of industrial uses may locate.

§ 460-66 Uses permitted by right.

Land and buildings in an I-1 District may be used for the following purposes and no others, unless a special exception as provided for in § 460-67 of this Part 1, or conditional use is granted:
A. 
Office building.
B. 
Wholesaling, warehousing and distributing activities.
C. 
Printing and publishing activities.
D. 
Research activities.
E. 
Testing, cleaning, production, packaging, fabrication, processing, assembly, manufacture, compounding and bottling of goods and materials.
F. 
Metal processes, including metal treatment and processing.
G. 
General agriculture, subject to § 460-98 of this Part 1.
H. 
Accessory uses to any of the above permitted uses.
I. 
Telecommunications antenna attached to existing structures and telecommunications equipment buildings as provided for in § 460-97 of this Part 1.
J. 
Forestry, subject to § 460-101.
[Added 4-11-2017 by Ord. No. 7-2017]
K. 
No-impact home-based business.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 460-67 Uses permitted by special exception.

The following uses are permitted when special exceptions are granted by the Zoning Hearing Board. Standards to be used in determining whether a special exception should be granted are found in § 460-121 of this Part 1.
A. 
Sanitary landfill, subject to:
(1) 
The operation of a sanitary landfill shall not be permitted unless a permit for such landfill has been issued by the Pennsylvania Department of Environmental Protection. All landfills shall be operated in accordance with the Solid Waste Management Act, Act 97 of 1980, 35 P.S. § 6018.101 et seq., and the rules and regulations of the Pennsylvania Department of Environmental Protection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
The minimum lot size shall be 15 acres.
(3) 
No landfill operation shall be carried out within 100 feet of any property line of the sanitary landfill or within 100 feet of any street not located within the lot.
(4) 
A fence of a minimum height of eight feet shall be erected along all boundary lines of the area which is approved for use as a sanitary landfill by the Pennsylvania Department of Environmental Protection. The fence shall not contain openings greater than nine square inches and shall contain, at all entrances, gates which shall be locked except during operating hours. An evergreen screen of a minimum height of eight feet shall be maintained along all boundary lines of the landfill, except at entrances.
B. 
Junkyards, subject to:
(1) 
The premises shall be maintained so as not to constitute a nuisance or a menace to the health of the residents and inhabitants of the Township and shall be maintained so as not to constitute a place for the breeding of rodents and vermin.
(2) 
No garbage or organic waste shall be stored.
(3) 
Whenever any motor vehicle or part thereof shall be received in the junkyard, and shall not be held for resale as an operating unit, all gasoline and oil shall be removed from the motor vehicle or part thereof.
(4) 
The manner of storage and arrangement of materials shall be such as to provide for adequate access for firefighting purposes.
(5) 
The manner of storage, arrangement of materials and drainage facilities shall be such as to prevent the accumulation of stagnant water upon the premises.
(6) 
No open burning whatsoever shall be permitted.
(7) 
All junkyards shall be completely enclosed, except at entrances, by an evergreen planting screen of a minimum height of six feet which shall be backed by a fence at least six feet in height. The fence shall contain gates at all entrances which shall be locked except during operating hours.
(8) 
No materials shall be stored less than 25 feet from any street outside the property on which the junkyard is located and no materials shall be stored less than 25 feet from a lot line of the lot on which the junkyard is located.
(9) 
No materials stored within the junkyard shall be stacked to a height exceeding the height of the evergreen planting screen enclosing the junkyard, provided that in no case shall materials be stacked to a height exceeding 10 feet.
C. 
Quarrying and surface mining operations, subject to:
(1) 
No quarry or surface mine shall generate or emit air pollutants or noise in excess of standards established by the Commonwealth of Pennsylvania.
(2) 
All quarries, pits, surface mines or other areas where minerals are extracted by the surface mining method shall comply with the requirements of the Surface Mining Conservation and Reclamation Act[1] and its rules and regulations and/or any other applicable state law, rule or regulation.
[1]
Editor's Note: See 52 P.S. § 1396.1 et seq.
(3) 
All quarries, pits, surface mines or other areas where minerals are extracted by the surface mining method, excluding extraction of minerals by a landowner for his own noncommercial purposes from land owned or leased by him, but including all other extraction, shall be licensed under the Surface Mining Conservation and Reclamation Act and/or any other applicable state law.
(4) 
A fence of a minimum height of six feet shall be maintained so as to enclose the mined area, all machinery and all stockpiles.
(5) 
Gates, which shall be locked except during business hours, shall be located at all entrances.
(6) 
No storage of products, by-products, over-burden or cover material shall be located closer than 100 feet to any lot line nor within 100 feet of any street not located within the lot.
(7) 
No storage of products, by-products, over-burden or cover material shall exceed a height of 50 feet above normal grade.
(8) 
No quarrying or mining activities shall be located closer than 100 feet to any lot line, nor within 100 feet of any street not located within the lot, nor closer than 200 feet to any residential district boundary line.
(9) 
Minimum lot size shall be five acres.
(10) 
All blasting operations shall conform with the requirements of the Pennsylvania Department of Environmental Protection and with all other applicable state and federal laws, rules and regulations. Blasting shall not be permitted between 5:00 p.m. and 7:00 a.m. and shall not be permitted on Sundays.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Telecommunications antennas mounted on telecommunication towers and telecommunications equipment buildings as provided for in § 460-97 of this Part 1.
E. 
Construction yards, subject to:
(1) 
A twenty-foot-wide screening buffer of dense evergreens, minimum six feet high, spaced on twelve-foot centers in a staggered pattern or in equivalent alternate screening buffer approved by the Hearing Board, for any site within 200 feet of an existing residence.
(2) 
Measures approved by the Hearing Board, such as a sound-deflecting or sound-attenuating wall, as may be required to reduce sound emissions at the property line to no more than 64 decibels between the 10:00 p.m. and 7:00 a.m. and 75 decibels at other times.
(3) 
Measures shall be provided to control dust and debris. The entire area shall be properly maintained, with debris placed in suitable containers and disposed of by proper waste handling.
(4) 
Truck and equipment ingress and egress shall be designed to minimize traffic hazards and inconveniences. All vehicles leaving the site shall be clean so as to not deposit excess dirt, mud, or debris on public roads.
(5) 
All major vehicle or equipment repairs shall be conducted within an enclosed building.
F. 
A church or similar place of worship.

§ 460-68 Area, yard, and height regulations.

A. 
Maximum permitted.
(1) 
Building height: 45 feet.
[Amended 12-14-2021 by Ord. No. 4-2021]
(2) 
Building coverage: 35%.
[Amended 12-14-2021 by Ord. No. 4-2021]
(3) 
Paved area: 50%.
B. 
Minimum requirements.
(1) 
Lot size: one acre.
(2) 
Lot width:
(a) 
At street line: 150 feet.
(b) 
At building setback line: 150 feet.
(3) 
Building setback line: 40 feet.
(4) 
Improvements setback line: 10 feet.
(5) 
Distance between highway access points: 75 feet.
(6) 
Side yard:
(a) 
Total: 40 feet.
(b) 
One side: 20 feet.
(7) 
Area not paved or covered by buildings: 20%.
(8) 
Rear yard: 40 feet.

§ 460-69 General regulations.

The following general regulations found in Article XIV of this Part 1 shall apply to the I-1 District:
A. 
Section 460-74, Prohibited uses.
B. 
Section 460-75, Access to structures.
C. 
Section 460-76, Erection of more than one principal structure on a lot.
D. 
Section 460-79, Commercial and industrial accessory buildings, structures and uses.
E. 
Section 460-80, Highway frontage development in Commercial and Industrial Zoning District.
F. 
Section 460-81, Landscaping.
G. 
Section 460-82, Lighting.
H. 
Section 460-83, Signs.
I. 
Section 460-84, Loading areas.
J. 
Section 460-85, Off-street parking.
K. 
Section 460-87, Front yard exceptions.
L. 
Section 460-89, Fences.
M. 
Section 460-90, Corner lot restrictions.
N. 
Section 460-91, Projections into yards.
O. 
Section 460-92, Floodway controls.
P. 
Section 460-94, Slope controls.
Q. 
Section 460-95, Accessory building setback exceptions.
R. 
Section 460-96, Environmental performance standards for industrial districts.
S. 
Section 460-97, Telecommunications facilities.
T. 
Section 460-98, General agricultural standards for R-1, R-2, R-P, C-1, C-2, C-3 and I-1 Zoning Districts.

§ 460-70 Trucking or motor freight establishment by conditional use.

A. 
A trucking or motor freight establishment, as further defined under § 460-6 of this Part 1, shall be permitted by conditional use within the I-1 Zoning District, subject to the appropriate provisions specified within this Part 1.
B. 
The following design standards and specifications shall apply to a trucking or motor freight establishment:
(1) 
A minimum of 10 acres of contiguous net land area shall be required to accommodate all of the uses associated with a trucking or motor freight establishment.
(2) 
The trucking or motor freight establishment shall be serviced by public sanitary sewage facilities.
(3) 
The trucking or motor freight establishment shall be serviced by a public water supply system or by a private water supply system approved and permitted by the Township and the Pennsylvania Department of Environmental Protection. As part of the conditional use application, the applicant shall demonstrate that the quantity and quality of the water supply source will be sufficient to accommodate the proposed use, including volume, flow rate, and pressure for adequate fire protection.
(4) 
The minimum lot width requirement for the lot occupying the trucking or motor freight establishment shall be 300 feet. In addition, the other minimum and maximum dimensional requirements for trucking or motor freight establishment as specified by the zoning district in which the use is located shall apply.
(5) 
All trucking or motor freight establishment buildings and operations shall be located at least 100 feet from any property line or street right-of-way line.
(6) 
All means of ingress and/or egress shall be located at least 500 feet from any intersecting street and shall be designed to accommodate traffic in a safe and efficient manner. The applicant or developer shall be responsible for the purchase and installation of any traffic control devices and the construction of additional acceleration and/or deceleration lanes as may be required by the Pennsylvania Department of Transportation or Upper Tulpehocken Township. Primary ingress and egress shall be from/to an arterial or industrial collector street.
(7) 
All designated points of ingress and egress for all vehicles shall be designed to consider traffic volumes on existing streets and adjacent uses.
(8) 
Measures shall be provided to control dust and debris. The entire area shall be properly maintain and the perimeter of the site shall be inspected for debris on a daily basis.
(9) 
Where overnight parking is permitted, the truck or commercial vehicles utilizing the facilities shall not be kept running or idling for a period of time exceeding 30 consecutive minutes or 90 cumulative minutes within any twenty-four-hour time period. However, trucks which must keep refrigeration equipment running may do so, provided the noise is controlled by measures such as sound-deflecting or sound-attenuating walls so that noise emission beyond the property lines shall not exceed 64 decibels between 10:00 p.m. and 7:00 a.m. and 75 decibels at other times.
(10) 
Truck access shall be designed to minimize traffic hazards and inconveniences. All interior roadways shall be maintained and constructed by the owner or manager. All trucks leaving the site shall not deposit accumulating amounts of dirt, mud or other such substances on public roads.
(11) 
A fifty-foot-wide buffer yard or equivalent acceptable to the Supervisors shall completely surround all areas approved for the trucking or motor freight establishment. The buffer yard shall consist of a dense evergreen screen and is to be located and maintained along all boundary lines of the site, except at the entrances. The selected evergreens shall have a minimum height of six feet and shall be staggered on twelve-foot centers. No materials of any nature shall be stored within this buffer yard.
(12) 
Hazardous, contaminated and/or toxic materials, including but not limited to highly flammable materials, explosives, pathological wastes and radioactive materials, shall not be stored at the site of the trucking or motor freight establishment.
(13) 
The owner, operator, or manager shall comply with all local, state and federal laws concerning stabilization, stormwater management, and erosion and sedimentation control.
(14) 
All vehicle service, maintenance and repair activities shall be conducted within an enclosed building which has been approved and permitted by Upper Tulpehocken Township.
(15) 
All vehicles that have been brought in for service, maintenance or repair shall be in a state of active repair and in no case shall be stored on the premises for 30 consecutive days.
(16) 
The outdoor storage of unlicensed or noninspected vehicles or trailers shall be prohibited.
(17) 
All trucks, trailers and commercial vehicles stored on the property shall be arranged so as to permit access to emergency management equipment. The off-street parking and loading spaces shall be designed to comply with the provisions specified under §§ 460-85 and 460-84 of this Part 1.
(18) 
All proposed signs shall comply with the provisions specified under § 460-83 of this Part 1.
(19) 
Exterior storage areas for trash and rubbish shall be properly screened with secured fencing and landscaping materials. All containers shall be airtight, verminproof and have adequate storage capacity to accommodate the projected volumes of solid waste. No such storage area will be permitted within 50 feet from any lot line.
C. 
As part of the conditional use application, the applicant or developer shall submit the following additional information for review and consideration:
(1) 
A preliminary landscaping plan showing how the buffer yards and other landscaping enhancements will be incorporated within the site.
(2) 
A preliminary grading plan shall be developed to identify the limits of disturbance for all site improvements, the proposed ground elevations, erosion and sedimentation control facilities, stormwater management facilities, and other natural or man-made features of the site.
(3) 
A Traffic Impact Study conducted in accordance with the provisions of Chapter 400, Subdivision and Land Development, Part 1, Upper Tulpehocken Subdivision and Land Development Regulations, in order to assess transportation conditions and needs. The Traffic Impact Study shall be submitted with the conditional use application.
(4) 
An impact mitigation plan to identify and address environmental or other issues which this use may present.

§ 460-71 Trash receiving or recycling facility by conditional use.

A. 
A trash receiving or recycling facility as defined in § 460-6 may be permitted in the I-1 Zone by conditional use pursuant to § 460-118, subject to other applicable requirements of this Part 1 including those stated below.
B. 
Any such facility must be in compliance with county, state, and/or federal regulations, permits, and licensing.
C. 
Access shall be via an arterial street or an industrial collector street.
D. 
The facility shall be screened from public view and the view of any surrounding residential property.
E. 
The facility must control trash and litter from leaving the premises except by hauling in covered vehicles.
F. 
Noise emissions at the property line shall not exceed 64 decibels between 10:00 p.m. and 7:00 a.m. nor 75 decibels at other times.
G. 
Any hauling vehicles which must stay overnight shall be contained within the facility and shall not park on public roads.