It is the purpose of this district to provide
an area in which a variety of industrial uses may be locate, provided
that they will not adversely affect the public health, safety and
general welfare of the residents and inhabitants of the Township.
To accomplish this, specific performance standards are established.
In addition, certain land uses are permitted, provided that a conditional
use is secured.
In a GI District, the following regulations
shall apply.
A.
A building may be erected, altered or used and a lot
or premises may be used for any of the following purposes and for
no other:
(1)
All uses as permitted by right in § 184-46A(1) through (8), LI District.
[Amended 6-17-2003 by Ord. No. 204-2003]
(3)
Adult businesses - uses that are restricted to adults
only, subject to the following:
[Amended 4-12-2000 by Ord. No. 186-2000]
(a)
No materials offered for sale, rent, lease,
loan or for view on the premises shall be visible from any door, window
or exterior of the building or structure nor shall they be displayed
or exhibited outside of a building or structure.
(b)
No persons under the age of 18 years shall be
permitted within an adult business.
(c)
No unlawful sexual activity or conduct shall
be permitted.
(d)
Not more than one such use shall be permitted
within any one building or lot.
(e)
No sign on the premises shall pictorially depict
or give the visual representation of the type of materials, merchandise
or film offered therein.
(f)
Any portion of a building or structure used
as an adult business shall be windowless or have an opaque covering
over all windows and doors.
B.
In addition, the following uses are permitted by conditional use only by the Township Supervisors in accordance with § 184-210 of this chapter.
[Amended 4-12-2000 by Ord. No. 186-2000]
(2)
Sanitary landfill, subject to the Bern Township Landfill
Ordinance ________ adopted _______________ and all current regulations
of the Pennsylvania Department of Environmental Protection.
(3)
Surface mining activities, subject to:
(a)
The filing with the Township of a copy of a
complete and detailed plan for the reclamation of the land affected,
which has been filed by the operator and has received approval of
any and all Commonwealth of Pennsylvania and federal governmental
agencies having regulatory jurisdiction over such matters. All copies
of amendments and supplements thereto shall thereafter be filed with
the Township. Said plans shall show or describe the following:
[1]
The use to which the land was put prior to the
commencement of surface mining.
[2]
The use which is proposed to be made of the
land following reclamation.
[3]
The manner in which topsoil and subsoil will
be conserved and restored.
[4]
Where the proposed land use so requires, the
manner in which compaction of the soil and fill will be accomplished.
[5]
A complete planting program.
[6]
A timetable for the accomplishment of each major
step in the reclamation plan.
[7]
A reclamation bond, which shall be submitted
to the Township in accordance with Township bond requirements.
(b)
The periodic filing with the Township of copies of any and all reports which set forth the current status of reclamation work performed and activities undertaken to implement stormwater management and erosion and sediment control plans which the operator is required to file with the aforesaid governmental agencies. When verified in writing by the governmental agency or body having jurisdiction, a noncompliance with any approved reclamation plan, erosion and sediment control plan or stormwater management plan shall be grounds for issuance of a stop order under § 184-199 of this chapter, until such noncompliance is corrected.
(c)
An erosion and sediment control plan and a stormwater
management plan shall be submitted to and approved by the Township
Supervisors. Such plans shall be designed to prevent adverse effects
from water runoff, erosion and sedimentation on adjoining streams,
properties and streets and the stagnation of water. Any plans submitted
to and approved by the aforesaid governmental agencies shall be received
in lieu of such plans if they have been prepared to cover such subject
matter.
(d)
A plan indicating the location and proposed
construction materials used on roadways within the property lines
of the mining operations which will be used by trucks entering and
leaving the site shall be submitted to the Township Supervisors. The
plan shall state that all such roadways shall be maintained and constructed
by the operator so that trucks leaving the mining operation will not
deposit any amount of mining products, dirt, mud or other such substance
on public roads.
(e)
No surface mining operations which will result
in the creation of an elevation difference in excess of 10 feet between
the surface of the mine and any adjacent property or public road shall
be carried out within 200 feet of such a property, nor within 200
feet of such public road.
(f)
No storage of products, by-products, overburden
or cover material shall be permitted to reach a height in excess of
35 feet. No such storage shall be permitted within 150 feet of a property
line of the mining operation or a public road.
(g)
All blasting operations shall conform with the
regulations enforced by the aforesaid agencies of the Commonwealth
of Pennsylvania and the federal government. Blasting shall not be
permitted on Sundays and legal holidays. Notice of all blasting operations
shall be given to the Township and the occupants of all properties
within a radius of 3/4 of a mile of the location of blasting at least
24 hours prior to the commencement of blasting.
(h)
All other state and federal requirements pertaining
to surface mining activities, air pollution and noise shall be complied
with. When a license is required from the state, a copy of such license
shall be filed with the Township along with evidence that any bond
required for completion of the reclamation plan has been filed with
the state.
(i)
The minimum lot size for any surface mining
operation shall be 10 acres.
(j)
No operations shall be carried out on Sundays
or legal holidays, nor between the hours of 6:00 p.m. and 8:00 a.m.
(k)
Planting screens to screen mining operations
from adjoining exclusively residential properties shall be placed
along the property lines of the mining operation.
(l)
Removal of materials from the site shall be
done in such a manner that no spillage will be deposited on any public
road or other properties.
(m)
Crushing and processing operations of the minerals,
rock and other products of the earth mined on the premises shall be
permitted so long as the physical or chemical properties of the same
are not changed and so long as such crushing and processing operations
do not involve the manufacture of cement or concrete, asphalt materials
and products or any other form of manufacturing or fabrication.
(n)
No substance which can harm persons, animals,
vegetation or other forms of property shall be dispersed beyond the
property lines of the mining operations.
(o)
When required by the Township Board of Supervisors,
a hydrologic study shall be submitted to the Township, which shall
indicate the impact of the surface mining activity on groundwater
supplies and quality in the area of operations. Surface mining activities
shall not endanger groundwater levels and quality in the area, nor
adversely affect groundwater supplies of nearby properties. Any surface
mining operator who affects a public or private water supply by contamination
or diminution shall restore or replace the affected supply with an
alternate source of water adequate in quantity and quality for the
purposes served by the supply.
(p)
"Surface mining" shall be defined as the extraction
of minerals, rock and other products of the earth by activities conducted
upon the surface of the land which require the removal of the overburden,
strata or material overlying, above or between the minerals, rock
or other products of the earth or by otherwise exposing and retrieving
the minerals from the surface. Mining activities carried out beneath
the surface by means of shafts, tunnels or other underground mining
openings are not included in this definition.
(q)
All surface mining activities shall be adequately
fenced for security purposes. The height and materials of said fencing
shall be approved by the Township Supervisors.
[Amended 6-17-2003 by Ord. No. 204-2003]
(r)
The surface mining operation shall be subject
to all fees and escrows that the Township of Bern may set by resolution,
including but not limited to inspection fees, tonnage fees, and escrows
for repair of damage to public roads or clean up of public roads.
[Added 6-17-2003 by Ord. No. 204-2003]
(4)
Waste or refuse recycling activities, subject to the
following:
(a)
All materials shall be stored inside a building.
(b)
Gasoline, oil or other flammable or toxic substances
shall be removed from any recyclable materials or other items stored
in the premises. Such liquid shall be removed and disposed of in a
proper manner and shall not be deposited on or into the ground.
(c)
No material shall be burned on the premises.
(d)
No garbage or other waste liable to give off
a foul odor or attract vermin or insects shall be kept on the premises.
(e)
The facility shall conform to the regulations
of the Pennsylvania Department of Environmental Protection.
(f)
Waste of a hazardous nature shall not be handled
at the facility.
(6)
Mini self storage units, subject to:
(a)
Off-street parking spaces shall be provided
at the rate of one space per each employee, plus four additional spaces
if an office is provided.
(b)
In addition to the parking spaces required by
the preceding subsection, parking shall be provided by parking driveway
lanes adjacent to the buildings. These lanes shall be at least 24
feet wide.
(c)
Required parking spaces may not be rented as,
or used for, vehicular storage. However, additional external storage
area may be provided for the storage of privately owned travel trailers
and/or boats, so long as such external storage area is screened from
adjoining residentially zoned land, parcels on which a residence exists
and adjoining local roads, and is located behind the minimum yard
setback lines. This provision shall not be interpreted to permit the
storage of partially dismantled, wrecked or inoperative vehicles.
(d)
All storage shall be kept within enclosed buildings.
Storage of flammable, highly combustible, explosive or hazardous chemicals
shall be prohibited. Any fuel tanks and/or machinery or other apparatus
relying upon such fuels shall only be stored in an external storage
area as described above.
(e)
Because of the danger from fire or explosion
caused by accumulation of vapors from gasoline, diesel fuel, paint,
paint remover and other flammable materials, the repair, construction
or reconstruction of any boat, engine, motor vehicle or furniture
is prohibited.
(f)
No door openings for any mini self storage unit shall be constructed facing any adjoining residentially zoned property, or any adjoining property on which a residence exists, unless such door opening is screened from view of the adjoining residentially zoned property or adjoining property on which a residence exists in accordance with § 184-148 of this chapter.
(g)
Mini self storage units shall be used solely
for the storage of property.
[1]
The following lists examples of uses expressly
prohibited upon the site:
[a]
Auctions, wholesale or retail sales
or garage sales;
[b]
The servicing, repair or fabrication
of motor vehicles, boats, trailers, lawn mowers, appliances or other
similar equipment;
[c]
The operation of power tools, spray-painting
equipment, table saws, lathes, compressors, welding equipment, kilns,or
similar equipment;
[d]
The establishment of a transfer
and storage business; and
[e]
Any use which may be noxious or
offensive because of odors, dust, noise, fumes or vibrations.
[2]
The applicant shall adequately demonstrate that
all mini self storage unit rental and/or use contracts specifically
prohibit these uses.
(h)
The minimum distance between buildings containing
storage units shall be 24 feet.
(i)
Any refuse area shall be screened from adjoining
properties.
(j)
All areas on the site not covered by pavement
or structures shall be planted with turf and with deciduous and/or
coniferous plant materials. A landscaping plan, indicating the type
and location of the proposed plantings, shall be included in the site
development plan and shall be submitted to the Township for review.
All plantings shall be maintained in good condition by the property
owner.
(7)
Wireless communications facilities, subject to § 184-177.1 of this chapter.
[Added 8-4-2015 by Ord.
No. 298-2015[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection
C, added 2-1-2000 by Ord. No. 184, which permitted communications
antennas, communications towers, and communications equipment buildings
as special exception uses.
(8)
Grower/processor facility in accordance with the use restrictions described in § 184-153.1C.
[Added 11-6-2017 by Ord.
No. 309-2017]
(9)
Medical marijuana delivery vehicle office in accordance with the use restrictions described in § 184-153.1D.
[Added 11-6-2017 by Ord.
No. 309-2017]
[Amended 4-12-2000 by Ord. No. 186-2000; 6-17-2003 by Ord. No. 204-2003]
The minimum lot area for a permitted use with
public water and sewer facilities shall be two acres. The minimum
lot area for a permitted use with public water facilities or public
sewer facilities shall be two acres. The minimum lot area in all other
cases shall be five acres.
[Amended 4-12-2000 by Ord. No. 186-2000]
The minimum side and rear yards shall be 50
feet. The minimum front yard shall be 100 feet measured from the street
line. The minimum distance between buildings on a lot shall be 50
feet.
The maximum building height shall be 35 feet.
The minimum lot width at the building setback
line shall be 150 feet. The minimum lot width at the street line shall
be 100 feet.
[Amended 4-12-2000 by Ord. No. 186-2000]
At least 40% of the lot shall be maintained
as open area.
A.
No paving other than driveways shall be located within
20 feet of the street line.
B.
Along each side and rear property line which abuts a residential district boundary line or an existing residential use, an open area not less than 100 feet in width shall be provided. In a similar manner where a tract of land zoned GI abuts an existing street and the land on the opposite side of the street is zoned residential or a residential use exists, a minimum open area of 100 feet shall be provided along the street right-of-way. The 30 feet of such open area nearest the property line or street line or district boundary line shall contain a screen according to the definitions found in § 184-5. The minimum parking setback shall be 30 feet.
[Amended 6-17-2003 by Ord. No. 204-2003; 12-7-2021 by Ord. No. 333-2021]
C.
Each use shall comply with the applicable parking standards found in § 184-156. In addition, sufficient land area shall be reserved to accommodate one parking space for every 1 1/3 employees based on the future needs of the proposed use.
D.
Each use shall comply with the Storm Drainage District
Ordinance No. 131,[1] the storm drainage design standards found in the Subdivision
and Land Development Ordinance[2] for the Township of Bern, as well as the Flood Plain District
Ordinance No. 59-1980 and No. 61-1980.[3]
[Amended 4-12-2000 by Ord. No. 186-2000]
F.
Where greater setbacks are established in § 184-147, or elsewhere in this chapter, regarding accessory buildings, structures and uses, such greater setbacks shall apply.
[Added 4-12-2000 by Ord. No. 186-2000]
G.
Any building facade which faces a patron parking area,
street or other space used or viewed by the public shall be provided
with decorative facade treatment, architecturally integrated with
all other building faces.
[Added 4-12-2000 by Ord. No. 186-2000]
H.
Site models and/or graphic portrayals, providing a
clear perspective of the relationship of the proposed development
to the site and its visual impact on adjacent properties, shall be
submitted to the Township.
[Added 4-12-2000 by Ord. No. 186-2000]
Each use shall comply with the performance standards contained within § 184-153.
