[Ord. No. 353, 6/19/1991, § 1800; as amended by
Ord. No. 430, 7/17/2002, § X.A]
1.
It is the intent of this district to:
A.
Provide for the orderly and planned development and redevelopment
of office, research, development, and laboratory uses, commercial
recreational, traffic-intensive or required intensive land uses generally,
as well as a variety of nonpolluting, small-scale industries and major
industrial operations in Hatfield Borough.
B.
To provide performance standards, setback regulations and buffer
requirements to ensure that the type and scale of the permitted development
and uses will cause minimal negative impact on surrounding residential
neighborhoods, and to provide for a suitable transition from intense
land uses to residential neighborhoods.
[Ord. No. 353, 6/19/1991, § 1801; as amended by
Ord. No. 430, 7/17/2002, § X.B; and by Ord. No. 501, 8/15/2012]
1.
In an I Industrial District, a building may be erected, altered,
or used, and a lot may be occupied for any of the following uses:
A.
Scientific or industrial research, engineering, training, testing,
experimental laboratory or similar establishment.
B.
Administrative or corporate office.
C.
Public or governmental utility building or use, including storage
yard, repair shop or similar use.
D.
Printing, publishing, lithography or similar processes.
E.
Manufacturing, fabrication, assembly, processing and packaging of
natural and man-made materials, chemicals, synthetics and other organic
and inorganic products, except those uses specifically prohibited
in Subsection 1.J, below.
F.
Warehouse, storage, or distribution center.
G.
Contractor's office and storage.
H.
Lumberyard.
I.
Retail sales of industrial products similar to those which may be
produced in the district.
J.
Any use of the same general character as the above permitted uses,
except that the following uses are specifically prohibited:
(1)
Abattoir, meat-packing, tanning, curing or storage of leather,
rawhides or skins; manufacture or processing of fertilizer, wood pulp,
disinfectants or soap.
(2)
Lime kilns, flour mills, manufacture of cement.
(3)
Foundries, manufacture or processing of asphalt.
(4)
Auto wrecking, junkyard.
(5)
Dump, incineration or reduction of garbage, except a sanitary
landfill or transfer station operated in accordance with the requirements
of the Pennsylvania Department of Environmental Protection.
(6)
Any other use which is or may be, in comparable degree to any
of the foregoing, noxious or offensive by reason of odor, dust, fumes,
smoke, gas, vibration, illumination or noise, or which may be dangerous
to the public health, welfare or safety.
K.
Accessory use on the same lot and customarily incidental to any of
the above permitted uses, including, but not limited to:
(1)
Storage within an enclosed building or fenced area, meeting the requirements of § 27-1805, Subsection 7, herein.
(2)
Repair shop or maintenance facilities normally required for
the conduct of industrial operations.
(3)
Cafeteria, recreation facility or other service facility located
within a permitted use and operated solely for the occupants of the
buildings.
L.
Commercial recreation uses, such as bowling alleys, roller rinks
and similar uses.
M.
Exercise clubs.
N.
Self-storage developments.
O.
Parking lot as an accessory or principal use.
P.
If a lot in the I District is adjacent to the CC District (not including
lots separated by a railroad right-of-way), it may also be occupied
by any use that is allowed in the CC District, under the requirements
of the CC District and not the requirements of the I District. However,
any residential use shall also require special exception approval.
Q.
Kennel, provided the following additional regulations shall apply:
(1)
The applicant shall prove to the Zoning Officer that suitable
soundproofing measures will be used to avoid a noise nuisance to neighboring
lots.
(2)
All areas where animals are kept shall be set back a minimum
of 25 feet from a lot line of an existing industrial use and 150 feet
from any other lot line.
(3)
This use may also include pet grooming and similar pet care
activities.
R.
Veterinarian office.
S.
Commercial communication antenna that extends less than 25 feet from
an existing structure, such as a water tank, commercial or industrial
building or existing tower. No antenna shall cause conflicts with
emergency communications.
[Ord. No. 353, 6/19/1991, § 1802; as amended by
Ord. No. 430, 7/17/2002, § X.C]
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The following standards shall apply in the I Industrial District:
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1.
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Minimum lot area:
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40,000 square feet.
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2.
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Minimum lot width at street line:
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200 feet.
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3.
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Front yard setback:
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30 feet.
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4.
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Side yard setback:
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20 feet each.[1]
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5.
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Rear yard setback:
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40 feet.[2]
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6.
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Maximum building coverage (percent of total lot area):
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40%.
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7.
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Maximum impervious coverage:
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75%.
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8.
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Maximum building height:
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35 feet.
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9.
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Accessory buildings less than 120 square feet setback:
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10 feet.
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[Ord. No. 353, 6/19/1991, § 1803]
1.
Public Utilities. All uses shall be capable of being served by public
sewer and water facilities.
2.
Access. A planned system of efficient ingress, egress and internal
circulation of traffic shall be required. Loading and unloading areas
shall be provided to the rear of the proposed use, and arranged so
that they may be used without blocking or interfering with the use
of driveways or parking areas.
3.
Lighting. Lighting shall be arranged in a manner which will project
adjacent highways and neighboring properties from direct glare.
4.
Service. Areas for refuse collection and recycling shall be provided.
A plan for disposal of solid waste material shall be required. All
solid waste material shall be stored in covered containers, no closer
than 15 feet from any property line. Refuse collection areas shall
be shielded from the direct view of any adjacent property by walls
which measure a minimum of six feet in height.
5.
Landscaping. A buffer strip at least 25 feet wide shall be provided along all property lines which abut a residential or institutional use or district. Landscaping shall be provided along all property lines as per the requirements of § 22-420 of the Subdivision and Land Development Ordinance (Chapter 22).
6.
Parking. Parking shall be provided for all industrial district uses
in accordance with the requirements of Part 10, herein.
[Ord. No. 353, 6/19/1991, § 1803]
1.
All permitted uses within the industrial district shall comply with
the following standards wherever applicable:
A.
Air Pollution Controls. All uses shall comply with the standards
of the Air Pollution Control Act, 35 P.S. § 4001 et seq.,
as amended, and the following standards:
(1)
Visible Emissions. Visible air contaminants shall be not emitted
in such a manner that the opacity of the emissions is equal to or
greater than 20% of a period or period aggregating more than three
minutes in any one hour; or equal to or greater than 60% at any time,
and shall comply with 25 Pa. Code § 127.A(7), or its most
recent update.
(2)
Particulate, Vaporous, and Gaseous Emissions. No person shall
cause, suffer, or permit the emission of fugitive particulate, vaporous,
or gaseous matter from any source in such a manner that the emission
is visible or detectable outside the property of the person where
the source is being generated.
(3)
Hazardous Air Emission. All emissions shall comply with National
Emissions Standards for Hazardous Air Pollutants promulgated by the
U.S. Environmental Protection Agency under the Federal Clean Air Act,
42 U.S.C. § 7412, as promulgated in 40 CFR, Part 61, or
its most recent update.
(4)
Odor.
(a)
No person shall cause, suffer, or permit the emission into the
outdoor atmosphere of any malodorous air contaminants from any source
in such a manner that the malodors are detectable outside the property
of the person where the source is being generated.
(b)
Any process which causes an odor emission shall be operated
in a manner such that escaping odors are eliminated. Backup odor reduction
equipment shall be maintained to support primary odor reduction equipment.
B.
Noise Control. At no point on the boundary of any nonindustrial property
shall the sound level of any operation exceed the described levels
of the designed octave bands shown below for the district indicated.
Objectionable noises, due to intermittence, beat frequency, or shrillness,
shall be muffled so as not to become a nuisance to adjacent uses.
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Octave Band in Cycles per Second
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Along Residential District Boundaries-Maximum Permitted
Sound Level in Decibels
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At Any Other Point on the Lot Boundary-Maximum Permitted
Sound Level in Decibels
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0 to 75
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72
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79
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75 to 150
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67
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74
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150 to 300
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59
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66
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300 to 600
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59
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62
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600 to 1,200
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46
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53
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1,200 to 2,400
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40
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47
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2,400 to 4,800
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32
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39
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Above 4,800
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32
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39
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C.
Vibration Control. No vibration which is discernible to the human
sense of feeling shall be perceptible without instruments at any point
beyond the lot line.
D.
Glare or Heat Control. 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 beyond
the lot lines.
E.
Control of Radioactivity or Electrical Disturbance. There shall be
no activities which emit dangerous or harmful radioactivity. There
shall be no electrical disturbance (except from domestic household
appliances) adversely affecting the operation of any equipment located
beyond the property boundary of the creator of such disturbance.
F.
Fire and Explosive Hazards. Flammable and explosive materials shall
be stored, used, and transported in accordance with the applicable
state and federal regulations regarding such materials and associated
storage vessels.
G.
Outdoor Storage.
(1)
All outdoor storage facilities for fuel, flammable or explosive
materials and raw materials shall be enclosed by a fence adequate
to prevent the access of children and other members of the general
public.
(2)
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.
(3)
All material or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise be attractive
to rodents or insects shall be stored outdoors only in closed, sealed
containers.
(4)
No materials or wastes of any form may be stored in a floodplain
area.
H.
Waste Disposal. Industrial wastes shall not be stored, discharged,
incinerated or otherwise disposed of except in conformance with the
applicable state and federal regulations regarding solid and hazardous
wastes.
[Ord. No. 353, 6/19/19991; as added by Ord. No. 430, 7/17/2002,
§ X; and amended by Ord. No. 501, 8/15/2012]
1.
In the Industrial District, the following uses shall be allowed as special exception uses, with approval by the Zoning Hearing Board, in accordance with the following standards and conditions, and § 27-611:
A.
Adult uses, including adult bookstore, adult motion picture theater,
adult live entertainment use or massage parlor. These uses shall meet
the following additional requirements:
(1)
Any conditions on special exception approval of adult uses are
intended to serve the following purposes, in addition to the overall
objectives of this chapter.
(a)
To recognize the adverse secondary impacts of adult uses that
affect health, safety and general welfare concerns of the municipality.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to: increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases
and other communicable diseases, increases in blight, decreases in
the stability of residential neighborhoods, decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
(b)
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and downtown revitalization, and to accommodate an orderly transaction
of land uses.
(c)
To permit activities protected by the "free speech" protections
of the U.S. Constitution, while minimizing adverse effects.
(2)
No portion of a building occupied by an adult use shall be located
within any of the following distances: (a) 300 lineal feet from any
residential zoning district boundary, (b) 200 lineal feet from any
existing primarily residential use that is not in a residential district,
(c) 300 lineal feet from any CC district boundary, and (d) 800 lineal
feet from the lot line of any existing primary or secondary school,
public park, playground, place of worship, day-care center or child
nursery.
(3)
A fifty-foot buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with § 27-306. Such planting area shall include a mix of low level plantings and deciduous shade trees, with sufficient clearance vertical between them to allow views into the parking area for security purposes.
(4)
No materials that are illegal to sell to minors and no pornographic
displays or words shall be placed in view of persons who are not inside
of the establishment. An applicant shall demonstrate that definite
precautions will be made to prohibit minors from entering the premises.
(5)
An adult use shall not be used for any purpose that violates
any federal, state or municipal law.
(6)
Signs or displays visible from a lot line that include words
or images that are pornographic shall be prohibited.
(7)
The use shall not include the sale or display of obscene materials,
as defined by state law, as may be amended by applicable Court decisions.
(8)
Adult uses shall be distinct land uses that shall only be allowed
where specifically listed as allowed in the zoning district regulations.
Special exception use approval shall be required.
(9)
The use shall meet the dimensional requirements for the I District.
(10)
For public health reasons, private or semi-private viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers.
(11)
No use may include live actual or simulated sex acts nor any
sexual contact between entertainers nor between entertainers and customers.
This shall specifically prohibit, but not be limited to, entertainers
dancing on the laps of customers.
(12)
Only "lawful" massages as defined by state court decisions shall
be performed in a massage parlor.
(13)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except for entertainers
within a permitted lawful "adult live entertainment use."
(14)
Any application for such use shall state the names and home
addresses of (a) all individuals intended to have more than a 5% ownership
in such use or in a corporation owning such use and (b) an on-site
manager responsible to ensure compliance with this chapter on a daily
basis. Such information shall be updated at the beginning of each
year in writing to the Zoning Officer.
(15)
The use shall not operate between the hours of 12:00 midnight
and 7:00 a.m.
(16)
As specific conditions of special exception approval, the applicant shall prove to the Zoning Hearing Board that the use will comply with the following state laws, as amended: the Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq.; Act 219 of 1990, 18 Pa.C.S.A. § 7327 (which pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00 a.m.); Act 207 of 1990, 18 Pa.C.S.A. § 5903 (which pertains to obscenity); and Act 120 of 1996, 68 Pa.C.S.A. § 5501 et seq. (which pertains to adult-oriented establishments and which limits enclosed viewing booths among other matters) and the Massage Therapy Law, 63 P.S. § 627.1 et seq.
(17)
An applicant for a massage parlor shall prove that any person
conducting massages is a massage therapist licensed under the Massage
Therapy Law, 63 P.S. § 627.1 et seq.
B.
Treatment center, as defined in § 27-202, is permitted as a special exception under the following conditions:
(1)
The applicant shall provide a written description of the treatments
to be offered and types of patients intended to occupy or use the
facility during the life of the permit. Any changes to this description
shall require an additional special exception approval.
(2)
The applicant shall prove to the satisfaction of the Zoning
Hearing Board that the use will involve adequate on-site supervision
and security measures to protect public safety.
(3)
The Zoning Hearing Board may place conditions upon the use to
protect public safety, such as conditions on types of treatments,
patients and security measures.
(4)
The use shall be set back a minimum of 100 feet from any CC
or Residential Zoning District.
(5)
Any methadone treatment center shall also meet the requirements
of Section 621 of the State Municipalities Planning Code, 53 P.S.
§ 10621 et seq., as amended, from time to time, which is
hereby included by reference.
C.
Similar Uses or Excluded Uses. The Zoning Hearing Board may also
grant special exception approval to a use similar to those permitted
in the I District that is not listed as otherwise allowed in any manner
in any zoning district in the Borough if the applicant proves to the
satisfaction of the Zoning Hearing Board that the use will: A) not
create a hazard to the public health and safety, B) not create serious
nuisances to neighbors and C) be compatible with adjacent uses, and
D) not be more intense than allowed uses. For these uses, the Zoning
Hearing Board may require a minimum setback of up to 300 feet from
any residential district.
