[Amended 5-16-2007 by Ord. No. 2007-05]
The I-2 General Industrial District is intended to provide areas for heavy industrial uses. Such uses shall comply with established performance standards to mitigate potential impacts on adjacent uses and districts. In addition, the I-2 District may be appropriate for adaptive reuse of existing buildings, redevelopment, and brownfield redevelopment as a new mixed-use development, as set forth in Article XIIIA.
A.
Uses by right. In the I-2 District, land, buildings and premises may be used by right for any one or more of the following principal purposes and no other, subject to Article IV and Article XIA:
[Amended 12-1-1999 by Ord. No. 99-14]
(1)
Any industrial use permitted within the I-1 District,
but also including the process of manufacturing electrical machinery,
components and materials.
(2)
Railroads, freight or storage yard and all appurtenances
thereto.
[Amended 5-16-2007 by Ord. No. 2007-05]
(3)
Any process involving cleaning, distribution, manufacture,
processing, production, warehousing or testing, provided that no such
process shall involve noxious or offensive odor, dust, fumes, smoke,
gas, vibration, glare or noise or which are or may be dangerous to
the public health, welfare or safety or which constitute a public
hazard.
[Amended 5-16-2007 by Ord. No. 2007-05]
(5)
Physical-fitness facility.
B.
Accessory uses. Only the following accessory uses
shall be permitted:
(1)
Restaurant, cafeteria or recreational facility for
employees.
(2)
[1]Uses customarily accessory to the above permitted uses,
but not including retail sales.
[1]
Editor's Note: Former Subsection B(2), which
listed helistops as an accessory use, was repealed 5-16-2007 by Ord.
No. 2007-05. This ordinance also provided for the redesignation of
former Subsection B(3) as Subsection B(2).
C.
D.
Conditional uses. The following uses shall be permitted only upon the grant of conditional use approval from the Borough Council, subject to the terms of this article and § 287-137, and subject to Article XIA:
[Added 4-3-1991 by Ord. No. 91-7; amended 12-1-1999 by Ord. No. 99-14; 5-16-2007 by Ord. No.
2007-05]
(1)
Helistop, as a use accessory to a principal permitted use in the I-2 District, when granted conditional use approval by the Borough Council in accordance with the terms of § 287-97 of this chapter.
(2)
All other uses as determined by Borough Council to
be of the same general character as the permitted use.
[Amended 12-1-1999 by Ord. No. 99-14; 5-16-2007 by Ord. No. 2007-05]
Except as noted in § 287-60 above, Subsection K below, and Article XIIIA, the following regulations shall apply to all uses in the I-2 District, subject to Article XIA:
A.
Minimum lot area: three acres.
B.
Minimum lot width: 300 feet at the building setback
line.
C.
Maximum building coverage: 45%.
D.
Maximum other impervious surface coverage: 30%.
E.
Minimum front yard: 50 feet.
F.
Minimum setback of paved areas from any property line:
15 feet.
G.
Minimum side yard and rear yards: 50 feet for each
side and rear yard, except that none shall be required along a railroad
right-of-way, and 200 feet shall be required when contiguous to a
residential district, unless the building is for administrative or
office purposes in support of the principal industrial use, in which
case the fifty-foot minimum for each yard shall be required.
H.
Maximum building height: 35 feet, exclusive of roof-mounted equipment (as stipulated in § 287-71 of this chapter); additional height, up to a maximum of 55 feet, may be allowed, when approved as a special exception by the Zoning Hearing Board, where two feet of additional front, side and rear yard setback are provided for each one foot of increased height; except as shown on the Zoning Map for Zone 1 and Zone 2 of the Height Option Overlay Districts, taller buildings may be permitted in accordance with § 287-51D. Zone 1 buildings may be built by right up to five stories to a maximum of 75 feet; and up to seven stories to a maximum of 90 feet as a conditional use. Zone 2 buildings may be built by right up to four stories to a maximum of 60 feet to the extent shown in the Height Option Overlay Districts Map.
[Amended 8-1-2007 by Ord. No. 2007-10]
J.
Minimum vegetative cover: Not less than 20% of any lot shall be planted and maintained with existing and/or installed vegetative material, as further prescribed in § 287-77 of this chapter.
K.
Buffer area: A minimum fifteen-foot buffer shall be provided on any lot in the I-2 District which abuts a residential use or district or an open space district; in all other cases, a minimum ten-foot buffer shall be provided along all side property lines. Additional standards for the design of the buffer area shall be as prescribed in § 287-78 of this chapter.
L.
Specific standards for auto body shops, as defined by this chapter and permitted under § 287-60 above:
(1)
Minimum lot area shall be 22,000 square feet.
(2)
Minimum lot width shall be 150 feet at the building
setback line.
(3)
Repair equipment and operations shall be entirely
enclosed within buildings.
(4)
Wrecked vehicles or vehicles in an inoperative condition
shall be permitted on the premises for a period not to exceed two
weeks.
The following design standards of this chapter
shall, as applicable, govern all uses within the I-2 District:
Any use authorized within the I-2 District shall be conducted in full compliance with the standards contained in § 287-84 of this chapter and with the requirements of Chapter 109, Building Construction.[1]
[1]
Editor's Note: Per the Borough's request,
the former references to Ch. 119, Commercial and Industrial Facilities,
have been changed to refer to Ch. 109, Building Construction, pursuant
to the repeal of Ch. 119 9-4-1996 by Ord. No. 96-11.
A.
In order to demonstrate compliance with the terms of this article, any landowner proposing any use authorized by right or by special exception within the I-2 District shall submit a plan (map and text) to the Borough Zoning Officer, describing specifically how each standard in §§ 287-61, 287-62 and 287-63 shall be addressed. The plan also shall include a certification from the Chief of the servicing fire company as to the adequacy of access for emergency vehicles.
[Amended 12-1-1999 by Ord. No. 99-14]
Any special exception application to operate a junkyard shall meet the following standards and criteria, subject to Article XIA:
A.
Every licensee hereunder shall at all times keep and
maintain records of the time of his purchase, acquisition or receipt
of junk; a full and complete description, including trade names, serial
or manufacturer's numbers, if any, of every article or item of junk
purchased, acquired or received by him; the date and approximate hour
of such purchase, acquisition or receipt; and the name and address
of the person from whom such articles or items of junk were purchased,
acquired or received. Such written records shall at all times be subject
to the inspection of the Borough. Such records shall be retained for
a period of five years.
B.
Every licensee hereunder shall continuously maintain
the licensed premises in the manner hereinafter prescribed:
(1)
Such premises shall at all times be maintained so
as not to constitute a nuisance or a menace to the health and welfare
of the community or to residents nearby nor a place for the breeding
of rodents and vermin.
(2)
No garbage, other organic waste or hazardous waste
shall be stored on such premises.
(3)
The manner of storage and arrangement of junk and
the drainage facilities of the premises shall be such as to prevent
the accumulation of stagnant water upon the licensed land and to facilitate
access for inspection purposes and fire fighting. All junk shall be
arranged and maintained in a neat and orderly fashion. All junk shall
be arranged in rows with a minimum of 20 feet of clear space between
each row; each row shall be no greater in width than 40 feet.
(4)
Every structure erected upon the licensed premises
and used in connection therewith shall be of fireproof construction,
as deemed sufficient by the Borough Engineer.
(5)
Gasoline, oil, air-conditioning refrigerant or any
similar potentially hazardous substance shall be removed from any
junk or other items stored on the premises. Disposal or storage of
such liquids shall be in a manner deemed acceptable by the Borough
Council upon advice of the Borough Engineer and/or Fire Marshal; such
liquids shall not be deposited on or into the ground.
(6)
No junk or other material shall be burned on the premises.
D.
No junk shall be stored or accumulated nor shall any
structure be erected within 100 feet of the side and rear lines of
the licensed premises, nor shall any junk be stored or accumulated
or any structure be erected that is used in connection with said junkyard
within 150 feet of any street right-of-way line that the licensed
premises abuts.
E.
No item of junk shall be stored, maintained, situated,
placed or otherwise located within any designated floodplain area
or within 100 feet of any river, stream, run, creek, irrigation ditch
or any other natural watercourse. The more stringent of these two
standards shall govern in all cases.
F.
The premises shall be enclosed by a metal chain link fence constructed of heavy-duty steel and supported upon steel posts or, in lieu thereof, a solid masonry or metal wall of a uniform design, texture and structure. Such fence or wall shall be located no closer than 150 feet to the street right-of-way line, as stipulated in Subsection D above. The land area between the fence or wall and any public street shall be landscaped in accordance with the terms of §§ 287-77 and 287-78. Such fence or wall shall not be less than six feet in height. It is further provided that these fencing provisions shall be applicable only to that portion of the premises being used directly for the storage of junk and shall not be applicable to the balance of the property owned or used by the junkyard operator so long as said remaining portion of land is not being used for the storage of junk.
G.
By means of a fence or wall, as described immediately
above, or vegetative material or a combination thereof, any view of
the junkyard from a public street or from an adjoining property shall
be effectively screened.
H.
The maximum height of any outdoor, unenclosed accumulation
of junk materials within a junkyard shall be eight feet.
I.
An applicant for special exception approval of a junkyard
shall submit a plan (map and text), describing specifically how each
standard in this section shall be addressed.
J.
Licensing procedures.
(1)
No person shall establish or operate a junkyard in
Downingtown Borough except as authorized by this chapter and without
first having obtained a license therefor from the Borough.
(2)
Application for such license shall be made in writing
and in the form prescribed by the Borough and shall contain the name
of the applicant, his address, the address of the premises upon which
such junkyard is to be established or operated and the name of the
owner or owners of said property, if other than the applicant.
(3)
Upon any subsequent application for license renewal,
a statement shall be required by the applicant that, during the preceding
term of his license, he did comply with and did maintain his premises
in full compliance with the provisions of this chapter.
(4)
Each initial application shall describe the premises
upon which the junkyard is to be established or operated, specifying
therein the setback lines, structures erected thereon, dwellings erected
upon premises adjacent to the premises proposed to be used and any
other applicable area, bulk, dimensional and design requirements of
this chapter.
(5)
Every applicant for a junkyard or for renewal of a
junkyard license shall pay an annual fee, the amount of which shall
be established by resolution of the Borough Council. All licenses
shall be issued for a term of one year, beginning January 1 and ending
December 31 of each calendar year. All licenses must be renewed annually
on or before the first day of each year.
(6)
Where the Zoning Hearing Board grants approval of
an application for a junkyard, the Borough shall issue to the applicant
a license, upon which shall be designated the name of the junk dealer
and the address of the premises approved for use as a junkyard. Such
license shall at all times be posted conspicuously upon the premises
licensed thereunder. No such license issued by the Council shall be
transferable or assignable by agreement, will, intestacy or otherwise.
K.
Inspections.
(1)
The Borough shall, from time to time, inspect the
premises of every licensee hereunder for the purpose of determining
whether said licensee has established and maintained his premises
in full compliance with the provisions of this chapter. The Borough
shall forthwith prosecute any discovered violation of this chapter.
(2)
Any junkyard in the Borough shall at all times be
subject to inspection during reasonable hours of the day by authorized
representatives of the Borough, without prior notice.
