In expansion of the declaration of legislative intent contained in § 116-2 of the Zoning Ordinance, it is hereby declared to be the intent of this article with respect to industrial zones to establish reasonable standards for the height and size of buildings, the area and dimensions of yards and open spaces, and the provision of facilities and operation of industries to minimize traffic congestion, noise, glare, vibration, air pollution, water pollution and fire and safety hazard in LIM and LIM-X Industrial Districts. It is the further intent to provide for the rehabilitation of extractive uses when completed.
The Board of Supervisors may authorize as an
amendment to the Zoning Map the designation of an area as an LIM Limited
Industrial District or as an LIM-X Limited Industrial District for
the location of an industrial development. In an LIM or LIM-X Limited
Industrial District, the following regulations shall apply.
No Limited Industrial District shall be less
than 10 acres.
A.
No industrial lot size shall be less than four acres.
B.
Lot area coverage and yard regulations.
(1)
Lot coverage. Maximum building coverage shall
be no more than 40% of the total lot area. Impervious ground cover
shall be no greater than 60% of the total lot area. Each lot shall
have a minimum green space area of 40% of the total lot area.
[Amended 9-9-2004 by Ord. No. 794]
(2)
No building or structure may be erected closer
than 200 feet to any residential district; open areas shall be landscaped
in accordance with a landscape plan showing the location, species
and size of trees and shrubs and other proposed landscaping, which
plan shall include proposals for screening adjacent residential areas
and shall be submitted to and approved by the Shade Tree Commission
prior to issuance of a building permit.
(3)
No side or rear yard shall be required for the side or rear of a building or structure abutting on an existing railroad right-of-way except as provided in Subsection B(2) above.
(4)
Front yard. The required minimum depth of a front yard shall be 50 feet except as provided in Subsection B(2) above.
(6)
On each corner lot, there shall be two side yards, each having a width of not less than 50 feet, the side yards abutting the street having the width of not less than 50 feet and the side yard not abutting the street having a width of not less than 50 feet, except as provided in Subsection B(2) and (3) hereof.
C.
Height regulations.
(1)
The maximum height of buildings and other structures
erected in this district measured at the building line of all required
yards shall be 35 feet, but any portion of a building erected above
such height limit shall be erected within a recession at the rate
of one foot of recession for each one foot of additional height, provided
that a height of 40 feet or more shall require a special exception,
with no structure to be erected over 65 feet.
(2)
The following appurtenances of buildings may
be erected above the recession plane, provided that such structure
shall not reduce the width or depth of a court or yard to less than
the minimum required:
D.
Control of dust, dirt, smoke, vapors and gases. No
emission shall be made which can cause any damage to health, to animals,
or to vegetation or to other form of property or which can cause any
detrimental soiling at any point outside the operations. Table I,
Chapter V, Industrial Hygiene Standards, Maximum Allowable Concentrations,
Air Pollution Abatement Manual, Manufacturing Chemists Association,
1951, Washington, D.C., shall be used as a guide in determining what
is a toxic gas.
E.
Control of radioactivity or electrical disturbances.
There shall be no activities which emit dangerous or harmful radioactivity
or electrical disturbances on or beyond the lot line.
F.
Control of odors. There shall be no emission of odorous
gases or other odorous matter in such quantities as to be offensive
at or beyond the lot line or which exceeds the standards of Table
III (odor threshold) Chapter V, Industrial Hygiene Standards, Maximum
Allowable Concentrations, Air Pollution Abatement Manual, Manufacturing
Chemists Association, 1951, Washington, D.C. Any process which may
involve the creation or emission of any odors shall be provided with
a secondary safeguard system, so that control will be maintained if
the primary safeguard system should fail.
G.
Control of glare and heat. Any operation producing
intense glare or heat shall be performed within an enclosed building
or behind a solid fence in such a manner as to be completely imperceptible
from any point on or beyond the lot lines.
H.
Control of noises. At no point on or beyond the boundary
of a residential or commercial district shall the sound-pressure level
of any operation exceed the maximum of that permitted.
|
Sound Levels
| |||
|---|---|---|---|
|
Maximum Permitted Sound Level
(decibels)
| |||
|
Octave Band
(cycles per second)
|
Along Residential District Boundaries
(Re: 0.0002 microbars)
|
At Any Other Point on Lot Boundary
(Re: 0.0002 microbars)
| |
|
0 to 75
|
72
|
79
| |
|
75 to 150
|
67
|
74
| |
|
150 to 300
|
59
|
66
| |
|
300 to 600
|
52
|
59
| |
|
600 to 1,200
|
46
|
53
| |
|
1,200 to 2,400
|
40
|
47
| |
|
2,400 to 4,800
|
34
|
41
| |
|
Above 4,800
|
32
|
39
| |
I.
Conformity to federal, state, regional and local standards.
Any use permitted under the provisions of this chapter shall conform
to appropriate federal, state, regional and local standards relative
to water or air pollution, particle emission, noise, electrical disturbances,
waste disposal, light, glare, heat, vibration, radioactivity and outdoor
storage of materials.
Provision shall be made for safe and efficient
ingress and egress to and from streets and highways serving the site.
All means of access to any tract in a Limited Industrial District
from any street shall be so located and designed as to minimize the
effect on existing traffic and adjacent land uses. All access and
internal circulation streets shall be constructed or treated so as
to be substantially dust-free and mud-free. A traffic circulation
and control plan shall be prepared and filed with the Township for
approval. The Township may require the owners in a Limited Industrial
District to provide traffic control by various means when vehicles
are entering or crossing streets for the safe movement of vehicular
and pedestrian traffic.
Signs in a Limited Industrial District shall be regulated in accordance with Article XXVIII of this chapter of the Whitemarsh Township Code, as amended.
Adequate off-street parking and loading shall be provided at all times, but requirements for same shall not be less than those specified in Article XXVI, relating to off-street parking and loading, as contained in the Whitemarsh Township Zoning Ordinance. No parking area shall be permitted within the minimum required front yard of any lot in a Limited Industrial District, nor closer than 100 feet to a residential district.
A.
No flammable or explosive liquids, solids or gases
shall be stored in bulk above the ground; provided, however, that
tanks or drums directly connecting with energy devices, heating devices,
or appliances located on the same lot as the tanks or drums are excluded
from this provision.
B.
All outdoor storage facilities for fuel, raw materials and products stored outdoors, including those permitted in Subsection A hereinabove, shall be enclosed by a fence of a type, construction and size as shall be adequate to protect and conceal the facilities from any adjacent properties. Fencing shall not only encompass the question of safety but also of screening, and the screening may be in the nature of trees, shrubbery, etc.
C.
No materials or wastes shall be deposited upon a lot
in such a form or manner that may be transferred off the lot by natural
causes or forces.
D.
All materials or wastes which might cause fumes 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 containers.
Every use requiring power shall be so operated,
constructed and installed, etc., to be an integral part of the architectural
features of the plant, or if visible from abutting residential properties
shall be concealed by coniferous planting.
[Amended 9-25-2008 by Ord. No. 862]
A.
When deemed appropriate by the Zoning Officer, plans for any use in a Limited Industrial District shall be submitted to the Planning Commission prior to the issuance of any zoning permit or certificate of occupancy as provided in Article XXX, and such plans shall include, in addition to other applicable requirements, the following:
[Amended 3-28-2013 by Ord. No. 925]
(1)
A plot plan of the lot showing the location of all present and
proposed buildings, drives, parking lots, waste disposal facilities
and other constructional features on the lot and all buildings, streets,
alleys, highways, streams and other topographical features of the
lot and within 200 feet of any lot line.
(2)
Architectural plans for any proposed building and/or addition.
(3)
A description of the industrial operations proposed in sufficient
detail to indicate water pollution, fire hazard or safety hazards.
(4)
Engineering and architectural plans for the handling and disposal
of sewage and industrial waste.
(5)
Engineering and architectural plans for the handling of any
excess traffic congestion, noise, glare, air pollution, water pollution,
fire hazard or safety hazard.
(6)
Designation of the fuel proposed to be used and any necessary
architectural and engineering plans for controlling smoke.
(7)
The proposed number of shifts to be worked and the maximum number
of employees on each shift.
(8)
Landscaping plan for all front yards, side yards and rear yards,
which shall show the location, species and size of trees and shrubs
and area to be in lawn, and which plan shall be submitted to the Shade
Tree Commission for approval prior to the issuance of any permit.
(9)
Any other data that the Planning Commission may require.
B.
The Planning Commission shall review all plans and the data submitted
to it and shall submit such plans and data, together with any recommended
conditions for the issuance of a permit, to the Zoning Officer.
[Amended 3-28-2013 by Ord. No. 925]
C.
As a guide for recommendations by the Planning Commission, the following
provisions shall be considered:
(1)
The plan is consistent with the Comprehensive Plan for the orderly
development of the Township with the purpose of this chapter to promote
the health, safety, morals and the general welfare of the Township.
(2)
The appropriate use of the property adjacent to the area included
in the plan will be safeguarded.
(3)
The development will consist of harmonious groupings of buildings,
service and parking area circulation and open spaces, planned as a
single unit, in such manner as to constitute a safe, efficient and
convenient industrial site.
(5)
There is adequate provision made for safe and efficient pedestrian
and vehicular traffic circulation within the boundaries of the site.
(6)
Provision is made for safe and efficient ingress and egress
to and from public streets and highways serving the site without undue
congestion to or interference with normal traffic flow within the
Township.
(8)
All buildings within the development shall be served by a central
sanitary sewage disposal system.
(9)
If the development is to be carried out in progressive stages,
each stage shall be so planned that the foregoing requirements and
intent of this chapter shall be fully complied with by the development
at the completion of any stage.
A.
A building may be erected, altered or used and a lot
or premises may be used for any of the following purposes and no other:
(1)
Cinema, radio and television productions.
(2)
Distribution plant for small parcels (capable
of being hand delivered), cold storage plants and bottling plants.
(3)
Electric-transforming substations, or other
necessary public service uses.
(4)
Laboratories, experimental manufacturing and
research.
(5)
Manufacture, compounding, assembly or treatment
of articles or merchandise from the following previously prepared
materials: bone, cellophane, canvas, cloth, cork, rope, cord and twine,
plastics, natural and synthetic rubber, feathers, felt, fiber, fur,
glass, hair, horn, leather, paper, plaster, metals, precious or semiprecious
stones, shell, tobacco, textiles, wood (excluding planing mill), yarns.
(6)
Manufacturing, compounding, processing, packaging
or treatment of such products as candy, cosmetics, dairy products,
drugs, perfume, pharmaceuticals and toiletries.
(7)
Manufacture of ceramic products, using only
previously pulverized clay.
(8)
Manufacture and assembly of electrical or electronic
devices; home, commercial and industrial appliances and instruments;
including the manufacture of accessory parts or assemblies.
(9)
Manufacture of musical instruments, toys and
novelties.
(10)
Manufacture of textiles or textile products,
including spinning and weaving, but not including wool pulling or
scouring, or jute or burlap processing or reconditioning.
(11)
Manufacture of paper or cardboard boxes, containers
and novelties from previously prepared paper or cardboard.
(12)
Offices and office record storage.
(13)
Printing, publishing, lithographing, binding
and kindred arts.
(14)
Parking or garage, for pleasure or commercial
vehicles.
(15)
Warehouse as an accessory use to a manufacturing
process.
(16)
Office buildings.
(17)
Banking facilities.
(18)
Medical facilities.
(19)
Restaurants.
(20)
Accessory uses on the same lot with and customarily
incidental to any specific permitted use.
(22)
Any use permitted in an Institutional District.
[Added 10-21-1982 by Ord. No. 442]
(23)
Private-use heliport, subject to the provisions of § 116-33.1, when authorized as a special exception.
[Added 11-17-1983 by Ord. No. 481]
(24)
Apartment buildings and condominiums, age-restricted,
when authorized by the Board of Supervisors as a conditional use.
The Board of Supervisors may grant approval of such use, provided
that the following conditions are satisfied:
[Added 12-18-2003 by Ord. No. 784]
(a)
Lot size shall not be less than 40 acres.
(b)
The lot shall abut, on some portion of its perimeter,
land zoned AD, Apartment - LR, Apartment - HR, or MHP.
(c)
A minimum of 50% of the site shall be set aside
as common open space which shall be owned and maintained by the property
owner, if an apartment project, or the condominium association, if
a condominium regime is established. For the purposes of open space
calculation, open space shall not include public or private streets
and driveways, public street rights-of-way, parking area, any areas
within 25 feet of any principal building, or other public improvements,
nor shall it include the fifty-foot buffer area along the perimeter
of the site.
(d)
Unit occupancy shall be no more than three persons
on a permanent basis, at least one of whom shall be 55 years of age
or older. Further, no person under the age of 19 shall occupy a dwelling
for more than three months in a calendar year.
(e)
Declaration of age restriction. At the time of conditional use approval, the developer shall record a declaration against the entire site area, in a form acceptable to the Township, binding the entire property and all owners and subsequent owners and occupants to adhere to the requirements set forth in Subsection A(24)(d) hereinabove with regard to unit occupancy.
(f)
The application for development shall be accompanied by a plan or plans, which shall comply with all requirements of Chapter 105 (Subdivision and Land Development) and Chapter 116 (Zoning) of the Whitemarsh Township Code and any other applicable ordinances and/or chapter of the Whitemarsh Township Code. The plan shall clearly designate the proposed use for each area of the parcel(s).
(g)
The parcel(s) of land shall be in single ownership
and shall be developed in accordance with the plan.
(h)
When apartment buildings and condominium, age-restricted,
is permitted as a conditional use, the following regulations shall
apply:
[1]
Maximum density shall not exceed
six dwelling units per acre within the site area.
[2]
All interior roads shall be undedicated
and have a minimum width of 30 feet.
[3]
Building setbacks on interior undedicated
roadways or parking areas shall be a minimum of 20 feet measured from
the curbline.
[4]
No building shall contain more
than 30 dwelling units. The maximum length of any building shall not
exceed 220 feet, and the maximum depth shall not exceed 140 feet.
[5]
The exterior facade shall present
sufficient variation in elevation by way of balconies, varied roofline,
setbacks and indentation.
[6]
Principal and accessory buildings
shall not cover more than 15% of the site area.
[7]
Impervious coverage shall not exceed
25% of the site area.
[8]
No building or structure may be erected closer than 200 feet to any residential zoning district. Setbacks from nonresidential zoning districts shall be in accordance with the provisions of § 116-137.
[9]
No two buildings shall be closer
than 60 feet to one another at any point along the external walls.
[10]
The maximum building height shall
be 50 feet with not more than three stories/floors of residential
occupancy.
[11]
Provisions for walking trails,
gardens and public gathering places shall be incorporated into the
required open space.
[12]
A minimum of two off-street parking spaces shall be provided for each dwelling unit and such additional guest parking as established by the conditional use hearing to be appropriate. If ground floor parking beneath residential units is in a building as provided, the provisions of § 116-256J shall govern the design of the underground parking spaces.
[13]
A maximum of one sign identifying
the name of the development owner and/or manager to not exceed 16
square feet on one face and 32 square feet total area may be permitted
at each regular permanent entrance serving the development.
[14]
One sign may be provided for each
separate building identifying the building, provided that the area
of any one side of such sign shall not exceed eight square feet.
[15]
Accessory structures and uses
shall be limited to those that are accessory to the apartment buildings
and condominiums, age-restricted, development. No other "limited industrial"
uses are permitted.
(25)
Attached dwellings subject to the following site and design
criteria:
[Added 10-14-2010 by Ord. No. 897]
(a)
Site shall not be less than 40 acres.
(b)
The site shall abut, on some portion of its perimeter, land
zoned AD, Apartment – LR, Apartment – HR, or MHP.
(c)
Maximum density shall not exceed 3.2 units per acre within the
site area.
(f)
The following additional design criteria shall apply:
[1]
Height: 35 feet maximum.
[2]
Width at building setback line: 20 feet minimum.
[3]
Side yard, from adjacent private road or drive
or right-of-way of dedicated road: 15 feet.
[4]
Distance between buildings where orientation of
two buildings is side to side shall be a minimum of 30 feet between
two exterior walls.
[5]
Distance between buildings where orientation other
than side to side shall be a minimum of 40 feet between two exterior
walls.
C.
Extraction of mineral deposits and removal of same shall not be permitted in an LIM District but shall be permitted in an LIM-X District in strict compliance with further requirements of §§ 116-155 and 116-157 of the Whitemarsh Township Code, but no stockpiles shall be permitted except stockpiles of topsoil or overburden not exceeding 50 feet in height.
D.
Any permitted use shall be conducted wholly within
a completely enclosed building or in a court, enclosed on all sides
by buildings, except for on-site parking, loading and storage incidental
thereto.
