[Amended 6-1-1959 by Ord. No. 25; 6-3-1968 by Ord. No. 4-23; 3-19-1973 by Ord. No.
4-38; 8-19-1985 by Ord. No. 4-84; 9-4-1985 by Ord. No. 4-83; 8-1-1988 by Ord. No. 4-104; 10-6-1997 by Ord. No. 4-157; 4-5-2005 by Ord. No.
4-205]
A building or group of buildings may be erected,
altered or used and any lot or premises may be used or occupied for
any of the following purposes and no other:
A. Any industrial use not specifically excluded, which meets the provisions of §§
160-144 through
160-155, inclusive, of this article.
C. A use permitted in an R-1 District, with buildings
located and constructed as therein provided.
D. Dwelling quarters for watchmen and caretakers employed
on the premises shall be permitted in connection with any industrial
establishment.
G. The Zoning Hearing Board may, in appropriate cases
and subject to appropriate conditions and safeguards, authorize by
special exception the following uses:
(3)
Warehousing, miniwarehousing, storage and ministorage
facilities, retail and wholesale sales or storage of plumbing supplies,
lumber supplies and building materials and supplies.
(4)
Truck terminals, bulk cargo facilities, truck
or bus storage, garages or repair facilities or contractor's storage
of equipment or supplies.
(5)
Any other lawful and legitimate use not otherwise
specifically provided for in this article.
(6)
Contracting uses. Contracting shall include
offices, supply shops and yards for activities such as building supplies,
cement, electric, heating, plumbing, masonry, painting and roofing.
This use shall include the retail and/or wholesale or storage and
woodworking of lumber, plumbing or other building materials or supplies.
[Added 7-1-2003 by Ord. No. 4-186]
(7)
Newspaper and book publishing and printing.
[Added 7-1-2003 by Ord. No. 4-186]
I. Mining use. Mining use and mining operations and facilities
shall be permitted, subject to the following regulations and requirements:
[Added 2-19-2002 by Ord. No. 4-177]
(1)
Setbacks. Buildings, including accessory structures
and the outward edge which is a part of any mining operation within
the Township shall be set back from property lines and road frontages
as follows:
(a)
Front yard setback: 100 feet.
(b)
Side yard setback: 100 feet.
(c)
Rear yard setback: 100 feet.
(d)
Setback from any residential building: 250 feet.
(e)
Setback from road frontages: 100 feet.
(2)
Hours of operation. No mining operations conducted
in the Township shall commence operations of any machinery utilized
in the mining business, including motorized vehicles engaged in the
business, until 7:00 a.m. and all such operations shall cease by 5:00
p.m., prevailing time, Monday through Friday, only.
(3)
Exterior storage. Any exterior storage of mining
product or by-product shall comply with all recognized fire standards
and safety standards and shall be screened from view from adjoining
properties with the planting of an appropriate evergreen screen.
(4)
Deliveries or transport to and from the site.
No deliveries to the location or transportation of product or by-product
of the mining operation shall be conducted except between the hours
of 7:00 a.m. and 5:00 p.m., Monday through Friday, only.
(5)
External illumination. All external illumination shall comply with §
160-220 of this chapter.
(6)
Signage and retail operations. No sale of any
of the mined materials or any other product or by-product of the mining
operation may be sold on the premises where the mining operation is
conducted.
J. Office buildings subject to the provisions of §§
160-102,
160-104,
160-106,
160-107, and
160-108 of Article
XVII, A-R and A-R-1 Administrative and Research Districts; the required minimum green space area requirement of 50% (see §
160-214); and those provisions contained herein not specifically preempted by these sections.
[Added 2-17-2004 by Ord. No. 4-189]
K. Adult-oriented establishments. By conditional use,
adult-oriented establishments shall be permitted, subject to the following
regulations and requirements:
(1)
Adult-oriented establishments shall not be permitted
within 1,000 feet of the following uses. A person commits a violation
of this chapter if the person operates or causes to be operated an
adult-oriented establishment within 1,000 feet of:
(a)
A church, synagogue, mosque, temple or building
which is used primarily for religious worship and/or related religious
activities;
(b)
A public or private educational facility, including
but not limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges and universities. “School” includes the
school grounds, but does not include facilities used primarily for
another purpose and only incidentally as a school;
(c)
A public park or recreational area which has
been designated for park or recreational activities, including but
not limited to passive or active park or parkland, playground, nature
trails, swimming pool, reservoir, athletic field, basketball or tennis
courts, pedestrian/bicycle paths, wilderness areas, or other similar
public land; and
(d)
A licensed premises, licensed pursuant to the
alcoholic beverage control regulations of the commonwealth.
(2)
An adult-oriented establishment shall not be
located within 500 feet of the following uses. A person commits a
violation of this chapter if the person operates or causes to be operated
an adult-oriented establishment within 500 feet of:
(a)
The property line of a single-family residential
lot; or
(b)
The property line of a multifamily residential
lot.
(3)
The distance between any uses shall be measured
in a straight line, without regard to the intervening structures or
objects or political boundaries, from the closest exterior wall of
the structure in which each use is located.
L. Medical marijuana grower/processor (as defined and limited by the
Medical Marijuana Act, Act of April 17, 2016, P.L. 84, No. 16, as
amended.).
[Added 7-18-2017 by Ord.
No. 4-245; amended 9-20-2022 by Ord. No. 4-259]
(1) No
use of medical marijuana shall be permitted on the premises of a medical
marijuana grower/processor.
The following uses shall not be permitted:
Abattoir
|
Acetylene gas manufacture and/or storage
|
Acid manufacture (hydrochloric, nitric, picric,
sulfuric, sulfanilic, carbolic)
|
Ammonia, bleaching powder or chlorine manufacture
|
Ammunition manufacture and/or storage
|
Arsenal
|
Asphalt manufacture or refining
|
Blast or reverberatory furnace or foundry
|
Bone distillation
|
Celluloid manufacture
|
Cement manufacture, including cement mixing
plant, lime, gypsum or plaster of paris manufacture
|
Coal distillation
|
Coke ovens
|
Creosote treatment or manufacture
|
Dead animal and offal reduction
|
Distillation of bones, coal, petroleum, refuse,
grain or wood (except in the manufacture of gas)
|
Distillation of tar
|
Drop hammer
|
Explosives, fireworks and gunpowder manufacture
or storage
|
Fat rendering
|
Fertilizer manufacture
|
Forge plant
|
Hog farm
|
Incineration, reduction, storage or dumping
of slaughterhouse refuse, rancid fats, garbage, dead animals or offal
|
Kiln, except fired by oil, gas or electricity,
maximum capacity of 200 cubic feet
|
Oilcloth or linoleum manufacture
|
Ore reduction
|
Petroleum or kerosene refining, distillation
or derivation of by-products and/or storage
|
Potash works
|
Power forge (riveting, hammering, punching,
chipping, drawing, rolling or tumbling of iron, steel, brass, copper),
except as a necessary incident to manufacture of which those processes
form a minor part and which are carried on without objectionable noise
outside the plant and permitted as a special exception
|
Reduction of fish and animal products and vegetable
oils
|
Roasting of coffee, spices and soybeans
|
Rolling mill
|
Steel furnace, blooming or rolling mill
|
Stockyards
|
Tar distillation or manufacture
|
Noise shall not violate the Township's Disturbing the Peace Ordinance, at §
83-1 of the Code of Ordinances of Whitpain Township.
Any operation producing intense glare or heat
shall be performed within an enclosed building or behind a solid fence
in such manner as to be completely imperceptible from any point along
the lot lines.
No vibration which is discernible to the human
sense of feeling shall be perceptible without instruments at any point
on the lot lines.
There shall be no activities which emit dangerous
radioactivity at any point. There shall be no electrical disturbance
(except from domestic household appliances) adversely affecting the
operation at any point of any equipment other than that of the creator
of such disturbance.
Every use requiring power shall be so operated
that the service lines, substation, etc., shall conform to the highest
safety requirements known, and shall be so constructed, installed,
etc., as to be an integral part of the architectural features of the
plant or, if visible from abutting residential properties, shall be
concealed by coniferous planting.
All external illumination shall be permitted only in compliance with §
160-220 of this chapter.
[Amended 6-3-1968 by Ord. No. 4-23]
The maximum height of any building erected or used for any use permitted by §
160-142 herein shall be 50 feet.
Adequate off-street parking and loading space is permitted in accordance with Article
XXVII of this chapter.