[Ord. 11/25/2003, § 700]
1.
Permitted Uses. Uses are permitted by right, as special exceptions, and as Conditional uses in Industrial Districts in accordance with § 27-702.
2.
Special Exception Uses. The Zoning Hearing Board is authorized to grant special exceptions for uses specified in § 27-702 for applications meeting the following criteria:
A.
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.
B.
The use shall not generate high levels of vehicular traffic, nor
noise, noxious odors, air pollution, or glare.
C.
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.
3.
Accessory Uses. The following accessory uses are permitted when used
in conjunction with a principal use or structure:
A.
Security watch stations for watchmen or caretakers.
B.
Cafeteria or canteen for the sole use of employees and visitors to
the establishment.
C.
Repair facilities for the maintenance of vehicles used in the operation
of the principal use.
D.
Storage garages for vehicles used in the operation of the principal
use.
E.
Parking for principal and accessory uses in conformance with Part
13.
4.
Prohibited Uses. All uses not listed in § 27-702 as permitted or special exception uses are prohibited, with the following uses expressly prohibited:
A.
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 § 27-702.
B.
Manufacture, processing, or storage of explosives or explosive devices.
C.
A facility the sole purpose of which is the manufacture, processing,
or storage of hazardous material.
D.
Abattoirs, breweries, tanning or leather curing, or storage of raw
hides or skins or the rendering of fat.
E.
Manufacture, processing, or storage of fertilizer, soaps, pesticides,
wood pulp, disinfectant, or industrial gas production or separation.
G.
Churches, chapels, synagogues, or similar houses of worship, convents
or monasteries, including rectory or parish houses.
H.
Public and private schools.
I.
Petroleum refining.
J.
Metal smelting.
K.
Coke ovens for the processing of coal.
L.
Any use unable to meet the requirements of Subsection 5 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.
5.
Off-Street Parking and Loading. Off-street parking and loading shall
be provided in accordance with Part 13.
6.
Buffers. Buffers shall be provided in accordance with Part 12.
7.
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 Supervisors 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.
8.
Performance Standards. Any activity or use in industrial districts
shall comply with the following performance standards:
A.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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 20% density of
the smoke observed.)
(5)
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 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.
B.
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.
C.
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.
D.
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.
E.
Noise. 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
(decibels)
|
Non-Residential
(decibels)
| ||
|---|---|---|---|---|
|
>
|
<
| |||
|
20
|
75
|
72
|
79
| |
|
75
|
150
|
67
|
74
| |
|
150
|
300
|
59
|
66
| |
|
300
|
600
|
52
|
59
| |
|
600
|
1200
|
46
|
53
| |
|
1200
|
2400
|
40
|
47
| |
|
2400
|
4800
|
34
|
41
| |
|
4800
|
—
|
32
|
39
| |
|
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.
|
F.
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 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.
G.
Vibration. 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
(Hz)
|
Residential District Displacement
(in inches)
|
Non-Residential District Displacement
(in inches)
| ||
|---|---|---|---|---|
|
>
|
<
| |||
|
0
|
10
|
0.0004
|
0.0020
| |
|
10
|
20
|
0.0002
|
0.0010
| |
|
20
|
30
|
0.0001
|
0.0006
| |
|
30
|
40
|
0.0001
|
0.0004
| |
|
40
|
50
|
0.0001
|
0.0003
| |
|
50
|
—
|
0.0001
|
0.0002
| |
|
Discrete pulses that do not exceed 100 impulses per minute may
not produce more than twice the displacement specified in the table.
|
9.
Natural and Landscaped Areas. All portions of a tract not occupied
by buildings and required improvements shall be maintained as landscaped
areas consisting of natural environmental features and/or planted
vegetation.
10.
Location Criteria for Adult Uses. No adult use shall be located within:
11.
General Provisions Pertaining to Adult Uses:
A.
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 Cumberland Township and the
pertinent BOCA codes as the same may be from time to time amended.
B.
Application for a Permit. The application for a permit to operate
an adult use must be made on the form provided by the Zoning Officer
of Cumberland 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.
C.
Initial Inspection. The premises must be inspected by and found to
be in compliance with all applicable codes and ordinances by the Zoning
Officer and the Fire Marshall.
D.
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.
E.
Application Approval. The Zoning 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 Supervisors of Cumberland
Township and will not approve a permit if the Zoning Officer finds
any one or more of the following to be true:
(1)
Applicant is under 18 years of age.
(2)
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.
(3)
The premises have been inspected by the Zoning Officer or Fire
Marshall and are found not to be in compliance with the applicable
codes and ordinances.
(4)
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.
(5)
Applicant of the proposed adult use is in violation of or is
not in compliance with any of the provisions of this chapter.
F.
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.
G.
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.
H.
Certification. The Zoning Officer and Fire Marshall 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 Zoning Officer.
I.
Denial of Renewal. If the Zoning 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 Zoning Officer finds
that the basis for denial of the renewal permit has been corrected
or abated.
12.
Inspection of Adult Uses.
A.
Inspection at Any Time. An applicant or permittee shall permit the
Zoning Officer, Fire Marshall, 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.
B.
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.
13.
Fees for Adult Uses. The annual fee for an adult use shall be in
accordance with a Fee Schedule adopted by resolution of the Board
of Supervisors as shall be determined from time to by the Board of
Supervisors.
14.
Suspension of Permits for Adult Uses. The Zoning 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:
15.
Revocation of Permits for Adult Uses.
A.
Revocation for Cause for Suspension. The Zoning Officer shall revoke a permit if a cause for suspension set forth in Subsection 14 occurred and the permit has been suspended within the preceding 12 months.
B.
Revocation for Other Causes. The Zoning Officer shall have the power
to revoke a permit if it is determined that:
(1)
A permittee or any agent, servant, or employee has given false
or misleading information or materials submitted to the Township during
the application process.
(2)
A permittee or any agent, servant, or employee has knowingly
allowed any activity on the premises that is in violation of the Pennsylvania
Crimes Code.
(3)
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.
(4)
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.
(5)
A permittee is delinquent in the payment to the Township of
any fees that are due.
C.
Period of Revocation. When the Zoning 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 Zoning 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.
[Ord. 11/25/2003, § 701; as amended by Ord. 2013-150,
6/26/2013, § 6]
|
Districts
| |
|---|---|
|
Use Classifications
|
I
|
|
Manufacturing of products from aluminum, brass, bronze, copper,
iron, steel, tin, zinc or other metals; and from bone, glass, leather,
paper, plastic, rubber, shell, wire or wood; or similar in kind uses;
or casting of such products
|
P
|
|
Fabrication of carpeting, clothing and clothing accessories,
electric and electronic products, flooring, instruments, medical and
testing equipment and similar in kind uses
|
P
|
|
Processing of food and beverages, medicine and personal care
products (excluding soap), and similar in kind uses
|
P
|
|
Printing of paper, plastic and metal
|
P
|
|
Research, development and testing of new products, laboratories
|
P
|
|
Warehousing and distributing, including storage for personal
household use
|
P
|
|
Cinema, radio and television stations or studios
|
P
|
|
Transit stations, public utility facilities
|
P
|
|
Commercial greenhouse, nursery and wholesale florist
|
P
|
|
Sales of burial monuments and burial vaults
|
P
|
|
Accessory office uses
|
P
|
|
Public garage, motor-vehicle sales, service or repair shop,
gasoline service station and motor vehicle parking lot
|
SE
|
|
Auto body shop
|
SE
|
|
Dry cleaning and dyeing facilities
|
SE
|
|
Animal hospital, veterinarian
|
SE
|
|
Sales, repair and service of business, office and household
and garden machines, equipment and devices
|
SE
|
|
Adult Uses
|
CU
|
|
Heliport
|
CU
|
|
Forestry
|
P
|
|
Essential services
|
P
|
|
KEY:
| |
|---|---|
|
P
|
Permitted
|
|
E
|
Special Exception
|
|
CU
|
Conditional Use
|
[Ord. 11/25/2003, § 702]
|
Districts
| ||
|---|---|---|
|
Standards
|
I
| |
|
Maximum Tract Density (floor-area ratio [FAR])
|
0.4
| |
|
Minimum Tract Area (square feet)
|
80,000
| |
|
Maximum Building Coverage (% of tract)
|
25
| |
|
Maximum Impervious Coverage (% of tract)
|
40
| |
|
Central Water & Sewer Facilities Required
|
Yes
| |
|
Maximum Height - Principal Structures (feet)
|
60
| |
|
Maximum Height - Accessory Structures
|
50% height of tallest principal structure
| |
|
Minimum Lot Width at Right-of-Way Line (feet)
|
200
| |
|
Minimum Lot Width at Building Setback Line (feet)
|
250
| |
|
Minimum setbacks from streets (feet):
| ||
|
Any building face to arterial street ultimate right-of-way
|
60
| |
|
Any building face to collector or local street ultimate right-of-way
|
60
| |
|
Any building face to common parking area
|
80
| |
|
Surface parking areas to arterial street ultimate right-of-way
|
20
| |
|
Surface parking areas to collector or local street ultimate
right-of-way
|
20
| |
|
Minimum building setbacks from tract perimeter (feet):
| ||
|
From other like-zoned tracts
|
25
| |
|
From any residential district boundary line
|
100
| |
|
From other district boundary lines
|
50
| |
|
Minimum surface parking areas, driveways, interior roadways
setbacks from tract perimeter (feet):
|
10
| |
|
From other like-zoned tracts
| ||
|
From any residential district boundary line
|
50
| |
|
From other district boundary lines
|
25
| |
[Ord. 11/25/2003, § 703]
1.
Permitted Uses. Uses are permitted in I Industrial Districts in accordance with § 27-702. Specified uses are allowed as special exception uses in accordance with § 27-701, Subsection 2, when authorized by the Zoning Hearing Board. Accessory uses are permitted in accordance with § 27-701, Subsection 3, and Part 13.
