City of DuBois, PA IP-1 Industrial Park District

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Article XVI IP-1 Industrial Park District

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§ 450-102 Permitted uses.

§ 450-103 Site standards.

§ 450-104 Performance requirements.

§ 450-102 Permitted uses.

[Amended 7-24-1995 by Ord. No. 1544; 11-9-1998 by Ord. No. 1592; 11-24-2003 by Ord. No. 1669]

A use shall be permitted within the IP-1 Industrial Park District only in the areas designated for that use and no other, as displayed on Map 1, "IP-1 Industrial Park District Map," on file in City Hall and incorporated herein under these regulations. Uses permitted in the IP-1 Industrial Park District include and are limited to:

Heavy industry. A group of industrial and related facilities planned and developed as a unit, with off-street parking provided on the site. Uses may include any industrial and manufacturing operations, except mining, quarrying, the manufacture of gunpowder, fireworks or other explosives, cement manufacturing, any use which does not comply with federal, state or local laws, and regulations pertaining to health, noise and pollution, and any use classified as Light Industry-2 within the context of the Industrial Park zoning regulations.

Light Industry-1. Permitted uses include those permitted under Light Industry-2 and Business Office Campus.

Light Industry-2. A group of industrial and related facilities planned and developed as a unit, with off-street parking provided on the site. Uses may include those listed herein and similar related uses:

(1)

Paper box factory.

(2)

Distribution plant, including warehousing, wholesale business, and parcel delivery of appliances, food, clothing and paper products, and household goods and furniture.

(3)

Laboratories — experimental, photo or motion picture, film, or testing.

(4)

Manufacture, fabrication and maintenance of electric and neon signs, light sheet metal products, and also including plumbing, heating or electrical contracting business.

(5)

Manufacturing, fabricating, compounding, assembling or treatment of merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feather, paper, plastics, powdered metals, precious or semiprecious metals or stones, shell, textiles, yards, wood, and paint not employing a boiling process.

(6)

Manufacture, fabricating, compounding, canning, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products, but not including the following: fish and meat products; sauerkraut; vinegar and yeast, except in conjunction with a general food products' manufacturing company; and not including the rendering of fats and oils or the slaughter of animals.

(7)

Manufacture of: appliances — electrical or mechanical; instruments and equipment — electronic, musical, precision, or the like; machines — electrical or mechanical, for home or office, and the like; phonographic, radios, telephones, or other instruments or machines for receiving, reproducing, or transmitting sound; watches and clocks, toys, novelties, and rubber and metal products.

(8)

Printing, lithographing, type composition, ruling and binding establishment.

(9)

Heavy industry permitted as a conditional use if determined by the Zoning Hearing Board to be appropriate to surrounding uses and not deleterious to the overall development of the Industrial Park or the health, safety and general welfare of neighboring land uses.

[Amended 11-20-2014 by Ord. No. 1798[1]]

[1]

Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.

(10)

Research and development laboratories.

Business office campus. A cluster of office structures having the characteristics of a planned unit development. Specific uses may include permitted and conditional uses listed herein and similar related uses:

Business offices.

Finance and banking.

Insurance.

Utility offices.

Advertising services.

(e)

Printing and binding.

(f)

Government offices.

(g)

Stenographic offices.

(2)

Professional offices.

Legal.

Medical.

Dental.

Real estate.

Engineering.

Architectural.

Conditional uses.

Transitional uses.

[Amended 9-27-2004 by Ord. No. 1683]

(1)

Permitted uses.

(a)

Paper box factory.

(b)

Distribution plant, including warehousing, wholesale business, and parcel delivery of appliances, food, clothing and paper products, and household goods and furniture.

(c)

Laboratories — experimental, photo or motion picture, film, or testing.

(d)

Manufacture, fabrication and maintenance of electric and neon signs, light sheet metal products, and also including plumbing, heating or electrical contracting business.

(e)

(f)

Manufacture, fabricating, compounding, canning, packaging or treatment of such products as bakery goods, candy, cosmetics dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, toiletries, and food products, but not including the following: fish and meat products; sauerkraut; vinegar and yeast, except in conjunction with a general food products' manufacturing company; and not including the rendering of fats and oils or the slaughter of animals.

(g)

Manufacture of appliances — electrical or mechanical; instruments and equipment — electronic, musical, precision, or the like; machines — electrical or mechanical, for home or office, and the like; phonographic, radios, telephones, or other instruments or machines for receiving, reproducing, or transmitting sound; watches and clocks, toys, novelties, and rubber and metal products.

(h)

Printing, lithographing, type composition, ruling and binding establishment.

(i)

[Amended 11-20-2014 by Ord. No. 1798[3]]

[2]

Editor's Note: Former Subsection E(1)(j), schools and related uses, which immediately followed this subsection, was deleted 2-23-2009 by Ord. No. 1742.

[3]

Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.

(j)

Commercial laundries and dry-cleaning plants.

(k)

Business offices for the conduct of finance and banking; insurance sales and claims; utility services; advertising services; printing, binding and copying services; government services and stenographic services.

(l)

Offices for the conduct of professional services, such as legal, medical, psychological, therapy, dental, orthodontic, real estate, engineering and architectural, with the exception of drug treatment clinics of any kind, which shall be prohibited.

[Amended 11-27-2007 by Ord. No. 1720]

(m)

Retail stores, shops, grocery stores, home improvement and building supply stores.

[Added 2-23-2009 by Ord. No. 1742]

(2)

Prohibited uses.

(a)

Motor vehicle salvage and storage yards.

(b)

Motels and hotels.

(c)

Mortuaries and funeral homes.

(d)

Any use not specifically permitted by right or conditional use within this district.

[Amended 11-20-2014 by Ord. No. 1798[4]]

[4]

Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.

(e)

Methadone or drug treatment clinics or centers.

[Added 11-27-2007 by Ord. No. 1720]

(3)

Conditional uses.

(a)

Motor vehicle sales facilities, subject to the following specific criteria and those of Subsection E(3)(c) of this section, as set forth below:

[1]

The use shall be limited to the sale of passenger vehicles, not heavy equipment, both as defined herein;

[2]

No vehicles other than those specifically for sale shall be displayed on the premises, and the demolition or junking of motor vehicles is prohibited;

[3]

Any parts removed from serviced or repaired vehicles shall not remain on the site longer than 30 days;

[4]

No outdoor storage of parts, equipment, lubricants, fuel or other materials, new, used or discarded, as part of the sales, service or repair operation, shall be permitted;

[5]

All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;

[6]

All exterior vehicle storage areas shall be screened from adjoining residential properties;

[7]

All service and/or repair activities shall be conducted within a building. Any ventilation equipment outlets associated with the service/repair work area(s) shall not be directed toward any adjoining property within a residential district;

[8]

The applicant shall furnish evidence of how the handling, storage, dispensing and disposal of fuels, oils and other related fluids and materials will be accomplished in a manner that complies with all applicable local, state and federal regulations;

[9]

The applicant shall submit and continuously implement a working plan for the collection and proper disposal of litter and debris; and

[10]

If an outside public address system is to be utilized, the applicant shall submit evidence that the proposed public address system use will comply with the standards relating to sound contained in § 450-104A of this chapter.

(b)

Motor vehicle service and repair facilities, subject to the following specific criteria and those of Subsection E(3)(c) as set forth below.

[1]

The use shall be limited to working upon passenger vehicles, not heavy equipment, both as defined herein;

[2]

All vehicles shall be repaired and removed from the premises promptly, and the demolition or junking of motor vehicles is prohibited;

[3]

Any parts removed from repaired vehicles shall not remain on the site longer than 30 days;

[4]

No outdoor storage of parts, equipment, lubricants, fuel or other materials, new, used or discarded, as part of the service or repair operation, shall be permitted;

[5]

All uses involving drive-through service shall provide sufficient on-site stacking lanes to prevent vehicle backups on adjoining roads;

[6]

All exterior vehicle storage areas shall be screened from adjoining residential properties. The storage of vehicles on the property without current registration or inspection is prohibited;

[7]

[8]

[9]

The applicant shall submit and continuously implement a working plan for the collection and proper disposal of litter and debris; and

[10]

(c)

All conditional uses permitted within this Subsection E(3) shall demonstrate compliance with the following criteria and submit the necessary materials to verify that:

[1]

The proposed use will not adversely affect the safe function of adjoining streets and intersections through the preparation of a qualified traffic study;

[2]

The proposed use has sufficient off-street parking and loading on the subject property;

[3]

The proposed access drive(s) are located and designed so as not to obstruct traffic flow on adjoining roads;

[4]

The proposed use will not constitute a detriment to the neighborhood or the use of surrounding properties; and

[5]

The proposed use complies with all other rules and regulations of the Industrial Park District without exception.

Recreational uses.

(1)

An area designated for recreational facilities. Permitted uses include exercise and playfield facilities, community fairgrounds, parks, and special event facilities.

(2)

A nonconforming use may be extended upon a lot occupied by such use and held in single and/or separate ownership at the effective date of this chapter when authorized as a conditional use, provided that such extension does not replace a conforming use and does not violate yard requirements of the zone in which the nonconforming use exists.

[Amended 11-20-2014 by Ord. No. 1798[5]]

[5]

Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.

§ 450-103 Site standards.

[Amended 11-9-1998 by Ord. No. 1592]

The following lot area and coverage requirements shall apply to the respective permitted uses:

Use	Minimum Lot Area (acres)	Maximum Lot Coverage (Including Accessory Buildings but Excluding Unenclosed Parking and Loading Space)
Heavy industry	3	50%
Light industry	1	50%
Business office campus	1/2	50%
Transitional uses	1	50%
Recreational uses	1	N/A

Building setback.

(1)

All buildings on lots adjoining any R Residential Districts shall be a minimum of 100 feet from the lot line adjoining the R Residential District.

(2)

All buildings on lots adjoining any state or local highway or railroad right-of-way in a zoning district requiring a minimum of 60 feet from the lot line adjoining the said right-of-way or highway.

In districts requiring a minimum lot size of 1/2 acre, the setback is reduced to 40 feet, with the exception that the setback from any lot line adjoining the Beaver Drive and Division Street rights-of-way shall be 60 feet.

(3)

All side yards not covered herein by street or zone setbacks must be a minimum of 25 feet from the property line.

(4)

All rear yards must be a minimum of 20 feet.

(5)

Building height shall not exceed 40 feet from ground level.

Parking requirements.

(1)

No on-street parking is permitted within the IP-1 Industrial Park District.

(2)

The following parking space requirement shall apply to the respective permitted uses:

Use	Minimum Number of Spaces
Heavy industry	Space for all vehicles used directly in the business, plus 1 space for each 2 employees for the combined employment of the 2 largest shifts.
Light industry	Space for all vehicles used directly in the business, plus 1 space for each 2 employees for the combined employment of the 2 largest shifts.
Business office campus	1 parking space for each employee of the office, plus 1 space for each 200 square feet of customer service area. (Alternate: 1 space/400 square feet of floor area.)
Transitional uses	1 parking space for each 200 square feet of gross floor area.

(3)

Regulation of parking areas.

(a)

When determination of off-street parking results in a requirement of a fractional space, any fraction shall be counted as one parking space.

(b)

For the purpose of this section, one automobile parking space shall be assumed to be 200 square feet of area, exclusive of adequate interior driveways or ingress and egress driveways to connect the parking space with a public street or alley.

(c)

Each required off-street parking space shall open directly upon an aisle or drive of such design as to provide safe and efficient means of vehicular access to a street in a manner which will least interfere with traffic movements.

(d)

All open off-street parking spaces shall be improved with a bituminous or other all-weather, dust-free surface.

(e)

All open off-street parking areas shall be screened from adjoining properties and rights-of-way by a structurally sound wall or planting strip which is architecturally compatible with the main structure on the lot.

Off-street loading.

(1)

The principal building of any use involving the receipt or distribution of material or merchandise shall be required to provide off-street loading space permanently maintained within the structure or on the same lot.

(2)

Loading areas and docks shall not be permitted to front or face on any street. Provisions for handling and loading of all freight or other materials must be at the side or rear of all buildings.

(3)

Loading docks must be of sufficient size to accommodate normal peak load requirements.

(4)

All off-street loading spaces shall be improved with a bituminous or other all-weather, dust-free surface.

(5)

All off-street loading areas shall be screened from adjoining properties and rights-of-way by a structurally sound wall or planting strip which is architecturally compatible with the main structure on the lot.

Storage.

(1)

Plans for the outside storage of equipment and materials will only be permitted if specifically recommended by the Planning Commission and authorized by City Council, except as allowed as a conditional use by the Zoning Hearing Board in the case of expansion or change of land use.

[Amended 11-20-2014 by Ord. No. 1798[1]]

[1]

Editor's Note: This ordinance provided that all uses previously permitted by special exception are reclassified as conditional uses.

(2)

The stored equipment and materials must be visually screened from all approaches and views of the site.

Signs.

(1)

Exterior nonflashing signs shall be permitted, provided:

(a)

The sign pertains only to a use conducted on the premises.

(b)

The sign shall be integral with or attached to the principal building.

(c)

No sign shall project over any street line.

(d)

No sign shall exceed two square feet in gross area for each lineal foot in length of the front of the structure displaying such sign.

(e)

No sign mounted on a building shall project above the ridgeline of a sloping roof nor more than six feet above the eaves line of a flat roof.

(2)

One freestanding collective or group sign may be permitted at the main entrance of a development site.

(a)

Such sign shall contain only the name of the integrated center and the name and location of each occupant of the center.

(b)

The gross area of the sign shall not exceed 150 square feet, and such sign shall be set back a minimum of 20 feet from the lot line.

(c)

The supporting member or members of the sign must be either cemented into or bolted (using a minimum of four bolts with minimum diameter of 3/4 inch) to a concrete footing, minimum of three feet below ground surface, having a minimum base of 200 square inches by minimum thickness of 10 inches.

Lighting.

(1)

All exterior lighting of structures, signs and grounds shall be from shaded sources and be located so that the beams are not directed toward any lot or structure in a residential district or a public highway.

(2)

All exterior lighting must be accomplished with concealed wiring.

(3)

No flashing or animated signs shall be permitted.

§ 450-104 Performance requirements.

No use shall hereafter be established or conducted in any IP-1 District in any manner in violation of the standards of performance listed in this section.

Sound. A sound pressure level of sound radiated from an establishment, measured at the lot line of the site thereof, shall not exceed the values in any octave band of frequency that are specified in Table 1 or in Table 1 as modified by the correction factors set forth in Table 2. The sound pressure level shall be measured with a sound level meter and an associated octave band analyzer conforming to standards prescribed by the American Standards Association.

Table 1 — Maximum Permissible Sound Pressure Levels Measured
re 0.002 dyne/cm²
Frequency Band:
Cycles per Second	Decibels
20 to 75	79
75 to 150	74
150 to 300	66
300 to 600	59
600 to 1,200	53
1,200 to 2,400	47
2,400 to 4,800	41
4,800 to 10,000	39

Table 2 — Correction Factors
Condition		Correction in Decibels
On-site contiguous to or across a street from the boundary of any R District		Minus 5
Operation between the hours of 10:00 p.m. and 7:00 a.m.		Minus 5
Sound of impulsive character (e.g., hammering)		Minus 5
Sound of periodic character (e.g., hum or screech)		Minus 5
Sound source operated less than:
	20% in any one-hour period	Plus 5*
	5% in any one-hour period	Plus 10*
	1% in any one-hour period	Plus 15*

* NOTE: Apply only one of these corrections.

Vibration. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies on any structure beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, entitled "Seismic Effects of Quarry Blasting." The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this subsection.

Smoke. There shall be no emission into the atmosphere from any operation of visible gray smoke of a shade darker than No. 2 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines, except that visible gray smoke of a shade not darker than No. 3 on such chart may be emitted for not more than four minutes in any period of 30 minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color with an equivalent apparent opacity.

Other air pollutants. There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that could cause any damage to the public health, to animals or vegetation or to other forms of property, or which could cause any excessive soiling at any point. In no event shall there be any such emission of solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 0.2% by volume. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to stack temperatures of 500° F. and 50% excess air.

Odor. There shall be no emission of odorous gas or any other odorous material in such quantity as to be offensive beyond the boundaries of the site of such emission. There is hereby established as a guide in determining such quantities of offensive odors Table III (Odor Thresholds) in Chapter 5, "Air Pollution Abatement Manual," copyright 1951, by Manufacturing Chemists Association, Inc., Washington, D.C.

Radioactivity. There shall be no radioactivity emission that would be dangerous to health in the opinion of the Pennsylvania Department of Environmental Protection or other agency designated by state officials for this purpose.

Electrical interference. There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Liquid or solid wastes. There shall be no discharge of any liquid or solid wastes into any stream, except as authorized by a public agency.

Glare. There shall be no direct or sky-reflected glare, whether from floodlights or from high-temperature processes (for example, combustion or welding), so as to be visible from within any R District.