In a Limited Industrial District the following
regulations shall apply.
The Limited Industrial District is designed
primarily to make special provision for modern industrial development
which is appropriate in selected locations. Among other things, Limited
Industrial Districts are intended to:
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), pharmaceutical, plastics, professional
and scientific instruments, textiles, and toys.
D.
Accessory use on the same lot with and customarily
incidental to any of the above permitted uses.
E.
Medical
marijuana grower/processor.
[Added 4-25-2022 by Ord. No. 211]
(1)
Purpose. The purpose and intent of this subsection is to regulate
the growing and processing of medical marijuana in strict compliance
with the MMA[1] while promoting the health, safety, morals, and general
welfare of the residents and businesses within the Borough.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
(2)
Marijuana growing prohibited. All marijuana growing or processing
is prohibited within Chester Heights Borough, except as expressly
permitted by special exception under this subsection.
(3)
Indoor medical marijuana cultivation. Indoor medical marijuana growing
is permitted in the Borough only as expressly specified in this subsection.
(a)
Indoor medical marijuana growing and processing shall only be
allowed upon application and issuance of a grower/processor permit
issued by the Commonwealth of Pennsylvania and approval of special
exception approval by the Borough in accordance with the criteria
and process set forth herein.
(b)
Indoor medical marijuana growing and processing is a use permitted
only by special exception on properties located within the Limited
Industrial Zoning District.
(c)
Indoor medical marijuana growing facilities may be located within
the same building or structure as a medical marijuana processing facility
only if the indoor medical marijuana growing facility is in separate
rooms of the building or structure and only if the indoor medical
marijuana growing facility has its own separate entrance into the
building or structure.
(d)
Indoor medical marijuana growing/processing is allowed only
within fully enclosed and secure stand-alone structures. A medical
marijuana grower/processor shall not be located within 1,000 feet
of any public, private or parochial schools or 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 grower/processor
is located to the closest property line of the protected district
or use, regardless of the municipality in which it is located.
(e)
Indoor medical marijuana growing/processing shall not exceed
the square footage authorized pursuant to the grant of the special
exception.
(f)
From any public right-of-way, there shall be no visible exterior
evidence of any indoor medical marijuana growing or processing facility.
(g)
Indoor medical marijuana growers/processors must comply with
all requirements set forth in the MMA.
(h)
There is no set restriction on the hours of operation of indoor
medical marijuana growing/processing facilities; however, restricted
hours of operation may be established as a condition of the grant
of the special exception.
(i)
Signage for all medical marijuana growing and processing facilities
shall be limited to the name of the business only, shall follow the
Borough's sign regulations, and shall contain no advertising
of any companies, brands, products, goods, or services. Signage shall
not include any drug-related symbols.
(j)
The building in which any indoor medical marijuana growing/processing
facility is located, as well as the operations conducted therein,
shall fully comply with all applicable rules, regulations, and laws,
including, but not limited to, zoning and building codes, the Borough's
business license ordinances, the Revenue and Taxation Code, the Americans
with Disabilities Act,[2] and the MMA.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(k)
The operators of all indoor medical marijuana growing/processing
facilities shall provide the Borough's Secretary or designee
with the name, phone number, facsimile number, and email address of
an on-site representative to whom the Borough and the public can provide
notice if there are any operational problems associated with the indoor
medical marijuana growing and/or processing facility.
(l)
All indoor medical marijuana growing/processing facilities shall
have a security plan which includes the following measures:
[2]
Security cameras shall be installed and maintained in good working
condition and used in an ongoing manner with at least 120 concurrent
hours of digitally recorded documentation as a condition of the grant
of the special exception. The camera shall be in use 24 hours a day,
seven days a week. The areas to be covered by the security cameras
shall include, but are not limited to, the storage areas, growing
areas, all doors and windows, waste facilities, and any other areas
as required by the conditions imposed as part of the grant of the
special exception. All recordings shall be kept for a period of at
least two years.
[3]
Entrance to the growing/processing areas, and all storage areas,
shall be locked always and under the control of the indoor medical
marijuana growing facility's staff.
[4]
The facility shall comply with the Borough's lighting standards
regarding fixture type, wattage, illumination levels, and shielding,
and shall secure the necessary lighting approvals and permits as needed.
Additional lighting requirements may be imposed as a condition of
the grant of the special exception. Additional sewer and stormwater
management requirements may be imposed as a condition of the grant
of the special exception.
[5]
All windows on the building that houses the indoor medical marijuana
growing/processing facility shall be appropriately secured, and all
marijuana shall be securely stored in the facility.
(m)
The Borough's Building Code Official and law enforcement
personnel shall have the right to enter the indoor medical marijuana
growing/processing facility with due cause for making reasonable inspections,
to observe, and to enforce compliance with this subsection, all laws
of the Borough, and all state laws.
(n)
Indoor medical marijuana growing and processing shall not be
permitted when it will adversely affect the health or safety of the
nearby residents by creating undue dust, glare, heat, noise, smoke,
traffic, vibration, or other adverse impacts, and shall not be conducted
to create any hazardous situation due to the use or storage of materials,
processes, products, or wastes.
(4)
Special exception use permit. All parcels of real property in the
Limited Industrial Zoning District upon which indoor medical marijuana
growing/processing activities may occur must obtain a special exception
from the Borough. An application for a special exception shall include,
at a minimum, the following information:
(a)
An estimate of the size of the proposed indoor medical marijuana
growing/processing facility.
(b)
The address of the location for which the special exception
is sought.
(c)
A site plan and floor plan for the proposed premises denoting
the use of all areas of the premises, including storage, growing areas,
lighting, signage, access, parking, etc.
(d)
A proposed security plan in compliance with the MMA and a detailed
traffic study.
(e)
The name and address of the owner and lessor of the real property
upon which the indoor medical marijuana growing/processing activities
are proposed to be conducted. In the event the applicant is not the
legal owner of the property, the application must also have a notarized
acknowledgement from the owner of the real property that an indoor
medical marijuana growing/processing facility will be operated on
the property.
(f)
Evidence that the indoor medical marijuana growing/processing
facility will be in full compliance with the requirements of the MMA.
(5)
Enforcement.
(a)
Any marijuana growing/processing within the Borough in violation
of this subsection or the conditions of the grant of the special exception
use permit is hereby declared to be unlawful and a public nuisance.
(b)
Any party who engages in a violation of this subsection, or
who owns, possesses, controls, or has charge of any parcel of real
property in the Borough upon which a violation of this subsection
is maintained, shall be subject to the penalties and remedies provided
by this subsection.
(c)
Any violation of this subsection shall constitute a separate
offense for each day the violation occurs or persists.
(d)
Any person in violation of any provision of this subsection
shall be punishable by a fine of up to $1,000 per offense.
A.
Lot area. Every lot on which a Limited Industrial
use is to be conducted shall be not less than four acres in size.
B.
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.
C.
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.
D.
Height. No building shall exceed 35 feet in height,
excluding chimneys and stacks, tanks and tank towers, flagpoles, aerials
and similar projections of the building.
A.
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.
B.
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.
C.
Rear yard. There shall be a rear yard on each lot
which yard shall be not less than 100 feet in depth.
A.
In addition to the requirements of this chapter, the plan for any proposed development shall comply with the standards of Chapter 162, Subdivision and Land Development, of the Code of the Village of Chester Heights.
In a Limited Industrial District and in any
other zoning district in the Borough, 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
Borough, 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 confined 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 nitrocellulose, 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, cholorates, 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 performed 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 (ANSI). 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 Microbar)
| |||||
|
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.
|
=
|
6.28 F x D
| |
|
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 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
| ||
|
When vibration is produced as discrete impulses
and such impulses do not exceed a frequency of 100 per minute, then
the values in Table 2 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 containment 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)
(5)
Toxic or noxious matter.
(a)
Waterborne. 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.
(b)
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.
(c)
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 Atmosphere
(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 187º 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 187º F., but not less than 110º 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 110º
F.) shall be prohibited without special permit from the Borough 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 187º 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 Borough.
[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 Borough.
(8)
Storage. The storage of more than 10,000 gallons of
materials or products having a closed-cup flash point greater than
110º 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 Borough.
(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
2º 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 footcandle
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 5º
F. above ambient temperature or to a maximum of 87º F., whichever
is less; nor change the temperature by more than 2º 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. 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 Borough 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 Borough
and the second copy shall be kept at the site of construction.
(2)
Each submittal shall be examined by the Borough Engineer
who shall make recommendation to Borough Council within 30 days from
the date of filing thereof.
(3)
Where a permit also is required from the Commonwealth
Department of Environmental Protection, no Borough permit shall be
issued until the state permit has been obtained and evidence of same
has been given to the Borough.
(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 Building Inspector after certification
by the Borough Engineer and shall certify that the work has been done
in accordance with the approved plans.
(5)
The Borough 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.
