West Bradford Township
City Zoning Code
City Zoning Code
ARTICLE X
Industrial Districts.
§ 450-57 I Industrial District.
A.
Intended purpose. It is the purpose of the I Industrial District to provide for limited industrial uses compatible with the rural character of the Township in areas readily accessible to the collector road system and airport facility and which will maintain a relatively high degree of aesthetic quality.
B.
Uses and structures.
(1)
(2)
Conditional uses.
(a)
Airport.
(b)
Warehouse, wholesale sales and/or storage, provided no materials are stored outside.
(c)
Manufacturing.
[1]
The manufacture, compounding, processing, canning, containing, packaging, treatment and distribution of such products as:
[a]
Candy.
[b]
Ceramic products, using only previously pulverized clay.
[c]
Clocks and watches.
[d]
Cosmetics.
[e]
Electrical or electronic devices, also home, commercial or industrial appliances and instruments, including the manufacture of accessory parts or assemblies.
[f]
Food products, including bottling, canning and/or distribution of liquids for human consumption, including the manufacture of soft drinks and carbonated waters.
[g]
Hardware, cutlery, tools, scientific instruments and apparatus.
[h]
Jewelry.
[i]
Medical, drafting, and other professional and scientific instruments and equipment.
[j]
Light metal processing, such as cleaning, machining, grinding, stamping, extrusion, polishing, finishing, and excluding use of drop hammer.
[k]
Musical instruments.
[l]
Novelties.
[m]
Office machines and equipment.
[n]
Optical goods and equipment.
[o]
Paper and cardboard products from previously prepared material purchased outside the Township.
[p]
Pharmaceuticals.
[q]
Photographic equipment.
[r]
Small rubber products and synthetic treated fabrics (excluding all rubber and synthetic processing).
[s]
Sporting goods.
[t]
Textiles, including spinning and weaving, but excluding wood scouring and pulling or jute or burlap processing or reconditioning or dyeing of any sort.
[u]
Toiletries.
[v]
Toys.
[2]
Provided, however, that the following uses shall not be permitted: manufacture of sauerkraut, vinegar or yeast, refining or rendering of fats, bones or oils, roasting of coffee, spices or soy beans, milling of flour, drying, smoking, pickling, preserving or curing meats or fish.
(d)
Publishing, printing, lithography, binding and kindred arts.
(e)
Cold storage plant, frozen food plant and lockers.
(f)
Food commissaries and catering plants.
(g)
Assembly, sales, repairs and service of business and office machines, equipment and devices.
(h)
Design, manufacture, distribution and sale of burial monuments and underground burial vaults.
(j)
Sports complex development, when authorized as a conditional use on a lot having a minimum contiguous lot area of 15 acres; provided, however, two or more lots not held in single and separate ownership totaling in the aggregate 15 or more acres may be combined for purposes of developing a sports complex development as a unified development, subject to the following requirements:
[1]
The owners thereof shall enter into a written agreement with the Township to develop the combined lots as a single lot in accordance with Chapter 385, Subdivision and Land Development.
[2]
Required cross-easements for the development among the combined lots shall be in form and substance acceptable to the Township and shall be executed and recorded prior to construction of any facilities.
[3]
The owners shall jointly submit for review and approval under Chapter 385, Subdivision and Land Development, a plan of development in which the sports complex is shown as an integrated development.
[4]
Once approved, if the sports complex use is abandoned or discontinued on one or more of the combined lots, or if one or more of the combined lots is otherwise withdrawn from the combined unified development plan, then the remainder of the property on which the sports complex is located shall not be permitted to continue to operate, and all Township approvals, permits and occupancy certificates issued or granted for the sports complex development shall be deemed to be null and void, unless: 1) the remainder of the property on which the sports complex is located: a) contains an aggregate area of at least 15 acres, and b) complies with all of the area and bulk regulations, design standards and other provisions of this chapter and with the requirements of Chapter 385, Subdivision and Land Development, for its continued use as such; or unless: 2) a revised development plan which complies with the provisions of this chapter and Chapter 385, Subdivision and Land Development, then in effect is approved.
[5]
Any lot withdrawing from the unified development plan which does not contain a minimum area of 15 acres or more shall not thereafter be used or operated as a sports complex development and shall thereafter be used and occupied only pursuant to the then applicable use, area and bulk, and design regulations of this chapter and the provisions of Chapter 385, Subdivision and Land Development. Neither the withdrawn lot(s) nor the remaining lot(s) shall be entitled to legal nonconforming status as a result of such withdrawal.
[6]
The Board of Supervisors may approve by conditional use the indoor use of buildings in the sports complex development for special events unrelated to sporting events, subject to all applicable regulations of this chapter and the West Bradford Code and the following standards and criteria:
[Added 6-8-2021 by Ord. No. 2021-05]
[a]
For purposes of this § 450-57B(2)(j)[6], "special events" shall mean preplanned private functions and gatherings by invitation only for a specific purpose, including conferences, fund-raisers, conventions, business meetings, wedding ceremonies and receptions, business, social or philanthropic meetings, seminars, or other assembly of persons, with or without an admission fee; and that may or may not provide meals for attendees prepared on or off the premises.
[b]
The number of attendees at a special event shall not exceed the occupancy load limit as established by the Township certificate of occupancy for the building where the event is held.
[c]
The applicant for conditional use approval shall provide certification from a design professional that the building for the special event shall comply with and be used and occupied in compliance with Chapter 150 of the Township Code, titled Construction Codes, and all other applicable building, fire and life-safety codes and regulations. Without limiting the foregoing, the special event shall comply with § 450-62H(2)(d) regulating noise, and adequate provision shall be made for potable water supply and sanitary sewage disposal.
[d]
No special event shall be held which will result in parking demand in excess of the number of parking spaces provided at the sports complex development for all uses.
[e]
No special event shall be held in a tent or temporary structure unless such tent or structure meets all applicable sections of the Building Code for the proposed use group.
[f]
Preparation and service of food shall comply with all applicable laws and regulations, and all required permits shall be obtained from the Chester County Health Department.
[g]
If the Board of Supervisors authorizes by the conditional use decision and order the service of alcohol at special events, the applicant shall obtain all necessary permits and approvals from the Pennsylvania Liquor Control Board for the sale and/or service of alcohol. All sellers and servers of alcohol shall have completed the PLCB Responsible Alcohol Management Program. Alcohol shall be served only in conjunction with the special event to guests and patrons of the special event. Special events where the sale and service of alcohol is the principal purpose of the special event are not permitted.
[h]
The Board of Supervisors may establish in the conditional use decision and order limitations on the days, hours, and number of attendees of special events based on the peak usage of the sports complex development.
[i]
No special event shall commence prior to 8:00 a.m. or end later than 10:00 p.m. the same day.
[j]
For any event where the number of attendees is expected to exceed 500, the applicant shall notify the Township at least 14 days prior to the event. For any event where the number of attendees is expected to exceed 1,000, the applicant shall notify the Township at least 30 days prior to the event. The Township may impose special conditions on the conduct of any such event.
[k]
The Township may require traffic and safety control provided by the Township Fire Police or State Police for specific special events. Traffic and safety control shall be arranged and paid for by the applicant for conditional use approval, as necessary.
[7]
The applicant for conditional use approval shall submit a conceptual plan and narrative demonstrating compliance with the requirements of § 450-62, Supplementary use, design and performance regulations.
[Added 6-8-2021 by Ord. No. 2021-05]
[8]
The applicant for conditional use approval shall submit a traffic impact study in compliance with Chapter 385, § 385-27, which shall consider traffic generation for all uses proposed for the property where a sports complex development is located. The applicant shall be responsible to design, permit and install, at its sole cost and expense, all traffic improvements necessitated by the proposed development by the Township traffic consultant.
[Added 6-8-2021 by Ord. No. 2021-05]
[9]
The applicant for conditional use approval shall submit an environmental impact assessment report in compliance with Chapter 385, Appendix A, which shall consider all uses proposed for the property where the sports complex development is located. The applicant shall be responsible to ameliorate, by physical improvements or monetary compensation to the Township, any adverse impacts identified by the environmental impact assessment report and as determined necessary by the Township.
[Added 6-8-2021 by Ord. No. 2021-05]
(k)
Contractor business.
(l)
Tower-based wireless communications facilities subject to the provisions of Article XV.
[Added 5-14-2013 by Ord. No. 2013-02; amended 8-11-2015 by Ord. No. 2015-01]
(m)
Any use lawfully required to be provided for which is not set forth as an allowed discrete use in any other district.
(n)
Multifamily dwellings, subject to the design standards in § 450-70.
[Added 6-9-2020 by Ord. No. 2020-04]
C.
Lot area, lot width and coverage requirements.
(1)
The following requirements shall be observed:
(a)
Minimum lot area: two acres.
(b)
Minimum lot width at street line: 100 feet.
(c)
Minimum landscape area: 25%.
(d)
Minimum lot width at the building line: 150 feet.
(e)
Maximum density for multifamily dwellings with approved public sewerage and public water systems: five dwellings per net acre.
[Added 6-9-2020 by Ord. No. 2020-04]
(f)
Maximum density for independent senior living community with approved public sewerage and public water systems: four dwellings per net acre.
[Added 6-9-2020 by Ord. No. 2020-04]
(2)
Maximum lot coverage. Maximum lot coverage: 25%; provided that it may be increased up to 30% when a system is installed to create recharge of groundwater for any amount of impervious surface that is over 25%, subject to approval of the Township Engineer.
[Amended 7-11-2023 by Ord. No. 2023-05]
D.
Setback regulations.
(1)
Front yard: Front yard setback distances are determined by the kind of road or highway on which the property fronts, as follows:
(a)
Arterial: 120 feet from the street right-of-way line or 150 feet from the street center line, whichever is the greater.
(b)
Collector: 100 feet from the street right-of-way line or 130 feet from the street center line, whichever is the greater.
(c)
Local: 80 feet from the street right-of-way line or 95 feet from the street center line, whichever is the greater.
(2)
Side yard: a minimum of 50 feet each side.
(3)
Rear yard: a minimum of 50 feet in depth.
(4)
Except for multifamily dwellings and dwellings within an independent senior living community no building or structure shall be located nearer than 200 feet to an existing residential building unless the owner of such residence waives this restriction in writing to the Board of Supervisors.
[Amended 6-9-2020 by Ord. No. 2020-04]
(5)
Multifamily dwellings and dwellings within an independent senior living communities shall observe the following requirements:
[Added 6-9-2020 by Ord. No. 2020-04]
(a)
Minimum lot width at setback: 150 feet.
(b)
Front yard: Front yard setback distances are determined by the classification of road or highway on which the property abuts, as follows:
[1]
Arterial: 75 feet from the street right-of-way line or 90 feet from the street center line, whichever is the greater.
[2]
Collector: 65 feet from the street right-of-way line or 80 feet from the street center line, whichever is the greater.
[3]
Local: 40 feet from the street right-of-way line or 55 feet from the street center line, whichever is the greater.
(c)
Side yard: Each building or structure shall have two side yards, neither of which shall be less than 20 feet.
E.
Building height regulations. The maximum building height shall be three stories or 40 feet.
I.
Conditional use standards.
(1)
In addition to any information as required by § 450-64A of this chapter, the applicant shall provide information to prove beyond a reasonable doubt that the proposed use will comply in all respects with the industrial use performance regulations (§ 450-62H). When the applicant does not provide information as required, then it shall be presumed that the proposed use is not a permitted use in this district and that the application cannot be approved.
(2)
In an application for conditional use approval of a sports complex development where the total tract area proposed for development exceeds 30 acres, the Board of Supervisors may waive or modify any of the minimum standards requirements of this chapter, except minimum lot size, to which the proposed use would otherwise be subject, if the Board determines that alternative standards or requirements proposed by the applicant are adequate in the context of the proposed development to protect the public health, safety and general welfare. In doing so, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in § 450-64A of this chapter, as it determines necessary to implement the purposes of this chapter.
(3)
An application for a contractor's business shall not include any retail sales of supplies or other retail activities on site. Any wholesale sales shall be limited to those related to the principal activity to be conducted on the site. All stockpiles of supplies and material for use by the contractor business, including any wholesale sales, shall be screened, as well as outside storage of contractor's equipment.
§ 450-58 IM Institutional/Mixed Use District.
A.
Intended purpose. Certain uses, including but not limited to churches, schools, hospitals, penal institutions, government uses and certain public utility uses, have many related attributes raising common problems in their location and municipal requirements within the Township. In addition, these uses are, for various reasons, incompatible with many other permitted uses within the Township area; in some instances, are incompatible even within the same district. Their use within the district may or may not be appropriate at any specific location and could have, within the district, certain detrimental effects to the public health, safety, morals and welfare by reason of a particular location and the impact upon surrounding uses and facilities. Accordingly, it is the intent of this article to permit certain of the uses, herein defined as conditional uses, subject to specific enumerated standards and not as mere uses of right. In particular, it is recognized that the uses provided herein generally are uses involving substantial traffic, major concentrations of people (either transient or resident) and a need for access, both for vehicular and pedestrian traffic, as well as special emergency facilities for health, fire and police protection.
B.
Permitted and conditional uses and structures.
(2)
Conditional uses.
(a)
Churches.
(b)
Privately owned educational use.
(c)
Penal institution: no closer than a two-thousand-five-hundred-foot radius to a similar use or other penal institution.
(d)
Youth facility — for nonadjudicated youths: no closer than a two-thousand-five-hundred-foot radius to a similar use.
(e)
Municipal uses, for other than West Bradford Township, when operated solely and distinctly by a government entity.
(f)
Congregate housing.
(g)
Financial institution.
(h)
Institution.
(i)
Life care facility.
(j)
Research campus.
(k)
Independent senior living community.
[Amended 6-9-2020 by Ord. No. 2020-04]
(l)
Office park.
(m)
Light industry.
(n)
Philanthropic animal care facility, used for the housing, treating and adoption of animals, e.g., Society for the Prevention of Cruelty to Animals facility or Animal Humane Society facility.
C.
Lot area, lot width and coverage requirements.
(2)
Maximum lot coverage. Maximum lot coverage: 25%; provided that it may be increased up to 30% when a system is installed to create recharge of groundwater for any amount of impervious surface that is over 25%, subject to approval of the Township Engineer.
[Amended 7-11-2023 by Ord. No. 2023-05]
D.
Setback regulations.
(1)
Front yard: Front yard setback distances are determined by the kind of road or highway on which the property fronts, as follows:
(a)
Arterial: 120 feet from the street right-of-way line or 150 feet from the street center line, whichever is the greater.
(b)
Collector: 100 feet from the street right-of-way line or 130 feet from the street center line, whichever is the greater.
(c)
Local: 80 feet from the street right-of-way line or 95 feet from the street center line, whichever is the greater.
(2)
Side yard: a minimum of 50 feet.
(3)
Rear yard: a minimum of 50 feet.
(4)
No building or structure shall be located nearer than 200 feet to an existing residential building unless the owner of such residence waives this restriction in writing to the Board of Supervisors.
E.
Building height regulations. The maximum building height shall be three stories or 40 feet.
H.
Conditional use standards. In addition to any information as required by § 450-64A of this chapter, and Subsection H(1) through (14) of this section, the applicant shall provide information to prove beyond a reasonable doubt that the proposed use will comply in all respects with the industrial use performance regulations (§ 450-62H). When the applicant does not provide information as required, then it shall be presumed that the proposed use is not a permitted use in this district and that the application cannot be approved.
(1)
The applicant shall establish by a fair preponderance of credible evidence that the use intended at the location intended shall not be contrary to the public health.
(2)
The applicant shall establish by a fair preponderance of credible evidence that the use intended at the location intended shall not be contrary to the public safety.
(3)
The applicant shall establish by a fair preponderance of credible evidence that the use intended at the location intended shall not be contrary to the public morals.
(4)
The applicant shall establish by a fair preponderance of credible evidence that the use intended at the location intended shall not be contrary to the public welfare.
(5)
The applicant shall establish by a fair preponderance of credible evidence that the capacity of the road net providing access to the premises in question, when the incremental increase in traffic attributable to the proposed use is superimposed upon the existing use of the road net, shall not lower the level of service of the roads of any portion thereof below level of service C.
(6)
The applicant shall establish by a fair preponderance of credible evidence that the interior traffic circulation for the proposed use at the proposed location, including but not limited to acceleration and deceleration lanes where required at the proposed entrances to the location, shall be adequate to provide safe and convenient circulation for users of the facility, visitors to the facility, employees of the facility, and all emergency vehicles that may require entrance thereon.
(7)
The applicant shall establish by a fair preponderance of credible evidence that the facility provides safe and convenient pedestrian access and internal circulation within the grounds of the facility and particularly for points of access from the facility to the parking areas.
(8)
The applicant shall establish by a fair preponderance of credible evidence that adequate screening is provided between the lands in question and surrounding residential uses and residentially zoned districts to screen the facility from view and preclude any glare from lighting or noise from being ascertainable beyond the boundaries of the property.
(9)
The applicant shall establish by a fair preponderance of credible evidence, which shall include but not be limited to a certificate from the chief of the fire company providing services to the facility, that the said company has adequate facilities to reach the highest points of the building with ladders and hoses or, in the alternative, that such facilities satisfactory to the fire company will be provided by the owner or operators of the facility.
(10)
The applicant shall establish by a fair preponderance of credible evidence that adequate water storage is available at the facility for fire-fighting purposes, which shall include a minimum 1,000 gallons per minute at 20 pounds per square in residual pressure for a duration of two hours, without impairing the uses of the water supply for ordinary purposes on the premises. The evidence shall include but not be limited to a water supply plan, a fire plan, and a certificate of the adequacy of both executed by the chief of the fire company providing services to the facility, and the plans shall be prepared and certified as correct by a registered professional engineer and approved by the Township Engineer.
(11)
Where the facility's operation and purpose, in the opinion of the Board of Supervisors, require supervision and protection, the applicant shall establish by a fair preponderance of credible evidence the adequacy of information of security and supervision, including but not limited to information of an adequate supervisor-to-inmate, -student or -patient ratio, and such other evidence as may be required to establish this condition to the satisfaction of the Board of Supervisors.
(12)
The applicant shall establish by a fair preponderance of credible evidence the adequacy of sanitary sewer facilities and the availability of capacity within the sanitary sewage system to service the proposed facility.
(13)
The applicant shall establish by a fair preponderance of credible evidence that there will be no increase in surface water runoff at the boundaries of the facility beyond that runoff presently existing.
(14)
Public water.