B.
Special exception uses. The Zoning Hearing Board is authorized to grant special exceptions for uses specified in § 300-45 for applications meeting the following criteria:
(1)
The proposed use shall not undermine the general manufacturing,
assembling and warehousing character of the district and shall not
reduce the likelihood of additional manufacturing, assembling and
warehousing operations being attracted to locate in the district.
(2)
The use shall not generate high levels of vehicular
traffic, nor noise, noxious odors, air pollution or glare.
(3)
The manner, location and hours of operations and of
deliveries to the premises shall be compatible with the daily cycle
of active and quiet periods associated with any adjacent residential
uses.
C.
Accessory uses. The following accessory uses are permitted
when used in conjunction with a principal use or structure:
(1)
Retail sales, in conjunction with a principal use,
provided that no more than 15% of the total tract gross floor area
shall be devoted to retail uses.
(2)
Security watch stations for watchmen or caretakers.
(3)
Cafeteria or canteen for the sole use of employees
and visitors to the establishment.
(4)
Repair facilities for the maintenance of vehicles
used in the operation of the principal use.
(5)
Storage garages for vehicles used in the operation
of the principal use.
D.
Prohibited uses. All uses not listed in § 300-45 as permitted or special exception uses are prohibited, with the following uses expressly prohibited:
(1)
Sanitary landfill, incinerator or other mass burn facility, resource recovery facility or any form of municipal solid waste disposal or processing not specifically set forth in § 300-45.
(2)
Manufacture, processing or storage of explosives or
explosive devices.
(3)
A facility the sole purpose of which is the manufacture,
processing or storage of hazardous material.
(4)
Abattoirs, breweries, tanning or leather curing or
storage of raw hides or skins or the rendering of fat.
(5)
Manufacture, processing or storage of fertilizer,
soaps, pesticides, wood pulp, disinfectant or industrial gas production
or separation.
(7)
Churches, chapels, synagogues or similar houses of
worship, convents or monasteries, including rectory or parish houses.
(8)
Public and private schools.
(9)
Petroleum refining.
(10)
Metal smelting.
(11)
Coke ovens for the processing of coal.
(12)
Any use unable to meet the requirements of § 300-44E or that is or may be dangerous to the public health, safety, morals or public welfare or that constitutes a public hazard whether by fire, radioactivity, explosion or otherwise or that is noxious or offensive by reason or odor, dust, fumes, smoke, steam, gas, vibration, glare, noise or toxicity.
E.
Performance standards. Any activity or use in industrial
districts shall comply with the following performance standards:
(1)
Airborne emissions. No activity in any industrial
district shall be reactivated, established, modified, constructed
or operated without having obtained valid permits and/or certificates
from the Pennsylvania Department of Environmental Protection or its
successor agency for airborne emissions. Such proof of compliance
shall consist of duplicate copies of such permits and/or certificates
for the current time period. In addition to the requirements of the
Department of Environmental Protection or its successor agency, the
following requirements shall apply:
(a)
Dust. Dust and other similar types of air pollution
borne by the wind from storage areas, the removal of natural materials,
yards, parking areas or other open areas shall be minimized by landscaping,
sealing or other acceptable means.
(b)
Particulate matter. No use shall exceed the
national ambient air quality standards established in the Federal
Clean Air Act or the requirements of Titles 25 and 35 of the Pennsylvania
Code as they are amended and adopted for particulate matter.
(c)
Odor. No operation shall release materials capable
of becoming odorous, either by bacterial decomposition or chemical
reaction, that cause or will cause odorous matter or vapor to be generated
so as to be readily discernible without instruments from any point
along the boundaries of each property.
(d)
Smoke or steam. No use may emit from a vent,
stack, chimney or combustion process any smoke that exceeds a density
or equivalent capacity of Ringelmann No. 1, except that an emission
that does not exceed a density of equivalent capacity of Ringelmann
No. 2 is permissible for a duration of not more than four minutes
during any eight-hour period if the source of such emission is not
located within 250 feet of a residential district. All measurements
shall be taken at the point of emission of the smoke. (For the purpose
of determining the density of equivalent opacity of smoke, the Ringelmann
Chart, as adopted and published by the United States Department of
Interior, Bureau of Mines Information Circular 8333, May 1967, shall
be used. The Ringelmann number referred to in this section refers
to the number of the area of the Ringelmann Chart that coincides most
nearly with the visual density of equivalent opacity of the emission
of smoke observed. For example, a reading of Ringelmann No. 1 indicates
a twenty-percent density of the smoke observed.)
(e)
Toxic matter and hazardous material. Emissions
of chemicals, gases, components or elements listed as being toxic
matter or hazardous material by the American Conference of Governmental
Industrial Hygienists, the Pennsylvania Department of Environmental
Protection or its successor agency or or the U.S. Environmental Protection
agency, shall not exceed any stated Threshold Limit Value in any industrial
district. No emission of toxic matter shall exceed 50% of the Threshold
Limit Value in any adjacent residential or commercial district.
(2)
Electricity. Electric or electronic equipment shall
be shielded such that no interference of radio and television broadcasts
shall be discerned beyond the operator's property.
(3)
Glare. No activity or use shall produce a strong,
dazzling light or reflection of this light beyond its property lines.
Exterior lighting shall be shielded, buffered and directed so that
glare, direct light or reflection will not be a nuisance to adjoining
properties, dwellings, streets or districts. In no event shall a lighting
intensity greater than .25 footcandle (2.7 lux), measured at grade,
be permitted beyond property lines.
(4)
Heat. No activity or use shall produce heat perceptible
beyond its property lines and no use shall be permitted that would
cause the ambient water temperature, as defined by the Pennsylvania
Department of Environmental Protection or its successor agency, to
rise or fall more than 5° F. (2.8° C.) during the ten-year,
seven-day low flow in any natural pond, stream, river or other watercourse.
(5)
Noise.
(a)
No activity or use shall produce a sound pressure
level on adjacent property in excess of the level permitted in the
following table:
|
Octave Band Frequency
| ||||
|---|---|---|---|---|
|
(Hz)
|
Residential District
|
Nonresidential
| ||
|
Less than
|
Greater than
|
(decibels)
|
(decibels)
| |
|
20
|
75
|
72
|
79
| |
|
75
|
150
|
67
|
74
| |
|
150
|
300
|
59
|
66
| |
|
300
|
600
|
52
|
59
| |
|
600
|
1,200
|
46
|
53
| |
|
1,200
|
2,400
|
40
|
47
| |
|
2,400
|
4,800
|
34
|
41
| |
|
4,800
|
-
|
32
|
39
| |
(b)
The maximum permitted sound levels for residential
districts shall apply between the hours of 7:00 a.m. and 6:00 p.m.
and shall be reduced by six decibels in each octave band for any other
time of day. For the purposes of this section, decibels shall mean
A-weighted decibels.
(6)
Storage and waste disposal. All materials or wastes
shall be deposited upon a site in such a form or manner that prevents
contamination of surface water or groundwater resources. All waste
products shall be disposed of in accordance with regulations as they
are adopted and amended by county, state and federal agencies.
(7)
Vibration.
(a)
No activity or operation shall produce at any
point along the property line continuous earthborne vibrations greater
than the maximum displacement as permitted in the following table:
|
Frequency
|
Residential District
|
Nonresidential
| ||
|---|---|---|---|---|
|
(Hz)
|
Displacement
|
Displacement
| ||
|
Less than
|
Greater than
|
(in inches)
|
(in inches)
| |
|
0
|
10
|
.0004
|
.0020
| |
|
10
|
20
|
.0002
|
.0010
| |
|
20
|
30
|
.0001
|
.0006
| |
|
30
|
40
|
.0001
|
.0004
| |
|
40
|
50
|
.0001
|
.0003
| |
|
50
|
-
|
.0001
|
.0002
| |
(b)
Discrete pulses that do not exceed 100 impulses
per minute may not produce more than twice the displacement specified
in the table.
F.
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with Article XI.
I.
Sewer and water facilities. All development in industrial
districts shall be served by central water facilities and central
sanitary sewer facilities acceptable to the Board of Commissioners
and subject to the approval of the Pennsylvania Department of Environmental
Protection or its successor agency and the appropriate municipal authority
providing water or sewer facilities.
J.
Subdivision of a tract. The subdivision of a tract
of land into lots may occur only for financial purposes and not so
as to permit individual lots to be treated as independent parcels
for separate development at a future time. Subdivision of a tract
may occur only when deed restrictions are executed and recorded which
maintain the lots as an integral part of a total tract land development.
K.
Locational criteria for adult uses. No adult use shall
be located within:
[Added 5-11-1998 by Ord. No. 98-11]
L.
General provisions pertaining to adult uses:
[Added 5-11-1998 by Ord. No. 98-11]
(1)
Permits required. A permit to operate an adult use
shall only be issued if the applicant is successful in obtaining a
conditional use for the proposed adult use and the applicant successfully
meets all health, use, occupancy and/or building permit requirements
as defined in the pertinent codes and ordinances of Marple Township
and the pertinent BOCA codes as the same may be from time to time
amended.
(2)
Application for a permit. The application for a permit
to operate an adult use must be made on the form provided by the Code
Enforcement Officer of Marple Township. The application must be accompanied
by a sketch or diagram showing the configuration of the premises,
including all of the interior walls and including a statement of the
total floor space occupied by the adult use.
(3)
Initial inspection. The premises must be inspected
by and found to be in compliance with all applicable codes and ordinances
by the Code Enforcement Officer and the Fire Marshal.
(4)
Applicant's identification. Any person who wishes
to operate an adult use as an individual must sign the application
for permit as an applicant. If the applicant is other than an individual,
each individual who has an interest in the business must sign the
application for permit as an applicant. If a corporation desires to
operate an adult use, each officer, director and shareholder must
sign the application for a permit as an applicant.
(5)
Application approval. The Code Enforcement Officer
shall approve the issuance of a permit to an applicant within 60 days
after the applicant has received conditional use approval by the Board
of Commissioners of Marple Township and will not approve a permit
if the Code Enforcement Officer finds any one or more of the following
to be true:
(a)
Applicant is under 18 years of age.
(b)
Applicant has failed to provide information
reasonably necessary for the issuance of a permit or has falsely answered
a question or request for information on the application form.
(c)
The premises have been inspected by the Code
Enforcement Officer or Fire Marshal and are found not to be in compliance
with the applicable codes and ordinances.
(d)
The permit fee required by this chapter has
not been paid or the permit fees of health, use, occupancy and/or
building permits have not been complied with or the fees not paid.
(e)
Applicant of the proposed adult use is in violation
of or is not in compliance with any of the provisions of this chapter.
(6)
Posting of permit. The permit, if granted, shall state
on its face the name of the person or persons to whom it is granted,
the expiration date and the address of the adult use. The permit shall
be posted in a conspicuous place at or near the entrance of the adult
use so it can be read at any time.
(7)
Permit renewal. The permit, if granted, shall expire
one year from the date of issuance. The applicant must, prior to the
expiration date, file an additional application in order to continue
operating the adult use without interruption. Applications for renewal
should be made at least 30 days prior to the expiration date. When
an application is made less than 30 days before the expiration date,
the pendency of the application will not prevent the expiration of
the permit.
(8)
Certification. The Code Enforcement Officer and Fire
Marshal shall complete their certification that the premises are in
compliance or not in compliance with the applicable codes and ordinances
within 30 days of receipt of an application. This certification shall
be properly presented to the Code Enforcement Officer.
(9)
Denial of renewal. If the Code Enforcement Officer
denies a renewal of a license, the applicant shall not be issued a
permit for one year from date of denial, except that after 90 days
of lapse since the date of denial, the applicant may be granted a
permit if the Code Enforcement Officer finds that the basis for denial
of the renewal permit has been corrected or abated.
M.
Inspection of adult uses.
[Added 5-11-1998 by Ord. No. 98-11]
(1)
Inspection at any time. An applicant or permittee
shall permit the Code Enforcement Officer, Fire Marshal or other Township
officials to inspect the premises of an adult use for the purpose
of ensuring compliance with this chapter and with the law. Said inspection
shall occur any time when the adult use is occupied or open for business.
(2)
Violation. A person who operates an adult use or its
agent, servant or employee, violates this chapter for refusal to permit
such lawful inspection on the premises.
N.
Fees for adult uses. The annual fee for an adult use
is as set from time to time by resolution of the Board of Commissioners.
[Added 5-11-1998 by Ord. No. 98-11]
O.
Suspension of permits for adult uses. The Code Enforcement
Officer shall suspend a permit for a period not to exceed 30 days
if he determines that a permittee or an agent, servant or employee
of the permittee has:
[Added 5-11-1998 by Ord. No. 98-11]
P.
Revocation of permits for adult uses.
[Added 5-11-1998 by Ord. No. 98-11]
(1)
Revocation for cause for suspension. The Code Enforcement Officer shall revoke a permit if a cause for suspension set forth in § 300-44O occurred and the permit has been suspended within the preceding 12 months.
(2)
Revocation for other causes. The Code Enforcement
Officer shall have the power to revoke a permit if it is determined
that:
(a)
A permittee or any agent, servant or employee
has given false or misleading information or materials submitted to
the Township during the application process.
(c)
A permittee or any agent, servant or employee
of the permittee operated the adult use during a period of time when
the permit was suspended or revoked.
(d)
A permittee or any agent, servant or employee
of the permittee knowingly allowed any action of sexual intercourse,
sodomy, oral copulation, masturbation or other sexual conduct to occur
in or on the permitted premises.
(e)
A permittee is delinquent in the payment to
the Township of any fees that are due.
(3)
Period of revocation. When the Code Enforcement Officer
revokes the permit, the revocation shall continue for a period of
one year and the permittee shall not be issued an adult use business
permit for one year from the date when the revocation became effective.
If, subsequent to revocation, the Code Enforcement Officer finds that
the basis for the revocation has been corrected or abated, the applicant
may be granted a permit if at least 90 days has elapsed since the
date the revocation became effective.
The Table of Permitted Uses - Industrial is included at the end of this chapter.
The Table of Development Standards — District I is included at the end of this chapter.
C.
Conditional uses. Subject to the general standards set forth in § 300-131 governing conditional uses, the following uses shall be permitted as conditional uses when authorized by the Board of Commissioners:
(1)
Medical marijuana grower/processor: a medical marijuana grower/processor
use shall be permitted as a conditional use pursuant to Board of Commissioners'
approval and in accordance with the specific standards set forth below:
(a)
The maximum floor area of a grower/processor facility shall
have sufficient space set aside for secure storage of marijuana seeds,
related finished product and marijuana-related materials used in production
or for required laboratory testing.
(b)
There shall be no emission of dust, fumes, vapors, odors or
waste into the environment from any grower/processor facility where
medical marijuana growing, processing or testing occurs.
(c)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with policies of the Department of Health
of the Commonwealth of Pennsylvania. No such remnants or byproducts
shall be disposed of in any unsecure exterior refuse container.
(d)
A medical marijuana grower/processor facility shall not be located
within 1,000 feet of a property line of any institutional zoning district
or institutional zoning use, including, but not limited to, public,
private and parochial schools and day-care centers. This distance
shall be measured in a straight line from the closest exterior wall
of the building or portion thereof in which the dispensary is located,
to the closest property line of the protected district or use, regardless
of the municipality in which it is located.
(e)
A medical marijuana grower/processor facility shall be a minimum
distance of 1,000 feet from the next nearest medical marijuana grower/processor
facility.
