Township of Maidencreek, PA
Berks County
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Table of Contents
Table of Contents
This district has been established and the regulations of this article enacted in support of the following purposes:
A. 
To accommodate and regulate those agricultural activities which, by reason of their impacts upon the surrounding lands, are more similar to industrial uses than other agricultural activities;
B. 
To accommodate food-processing activities;
C. 
To provide for special agricultural activities which require an unusual intensity of use in order to be economically viable;
D. 
To provide locations for intensified agricultural activities which will minimize complaint from residents in regard to odor, noise, glare, dust, and any other potentially objectionable externality which is a normal by-product of such activities;
E. 
To regulate intensified agricultural activities such that negative impacts upon the surrounding environment are minimized;
F. 
To provide for heavy commercial uses and heavy industrial uses under certain controlled conditions; and
G. 
To allow for heavy commercial, industrial and special intensified agricultural activities consistent with these purposes.
A. 
Uses by right.
(1) 
Mushroom farming.
(2) 
Processing of farm products.
(3) 
Facilities or structures owned or operated by the Township, a duly created authority of the Township, or the county, state, or federal government for the benefit of the general public.
(4) 
Municipal services as defined in § 220-11 of this chapter.
(5) 
Forestry subject to the provisions of § 220-101 of this chapter.
(6) 
General agricultural uses subject to the provisions of § 220-87 of this chapter.
(7) 
Uses and buildings customarily accessory to the above uses, including, but not necessarily limited to, garages and off-street parking areas subject to the provisions of § 220-61, signs subject to the provisions of § 220-62, and storage within completely enclosed structures.
(8) 
Certain wireless communication facilities (WCFs) subject to § 220-81B(1).
B. 
Uses by special exception. In the granting of any special exception listed below, the Zoning Hearing Board shall, insofar as possible, determine compliance with the supplementary regulations contained in Article XVI of this chapter. Furthermore, the Board shall attach such additional conditions that are reasonable and necessary to secure the public health, safety and welfare and to advance the purposes of this district as stated above in § 220-50.
(1) 
Manufacturing and industrial-type activities incidental to a permitted use by right on the same property, including packaging for retail sale.
(2) 
Seasonal housing for transient employees as an accessory use to a permitted principal use, subject to all applicable regulations of this and other Township codes and ordinances.
(3) 
General industrial uses which shall be carried on in a completely enclosed building and which include the storage, manufacture, assembly, fabrication, packing, testing, or other handling of products from raw materials or previously prepared materials, not including the retail sale of such items.
(4) 
Accessory uses and structures not located on the same lot as the permitted principal use.
(5) 
Billboards subject to the provisions of § 220-62 of this chapter.
(6) 
Animal hospital, veterinary facility, or commercial kennel subject to the provisions of § 220-89 of this chapter.
C. 
Conditional uses. The following uses are permitted when allowed by the Board of Supervisors as conditional uses, subject to the performance standards set forth in this chapter, including but not limited to § 220-53, the other requirements of Article XV, and the requirements of Article XVIII, § 220-109 of this chapter:
(1) 
Manufacture of landscape products, soil products and nonpetroleum renewable fuel products with related composting.
(2) 
Public utility uses.
(3) 
Power generation subject to § 220-78.
(4) 
Electrical substation.
(5) 
Heavy commercial uses which shall be carried on in a completely enclosed building except for off-street parking and loading facilities, including but not limited to wholesale business, warehousing establishments, truck and freight terminals, delivery and distribution centers, mechanical and vehicle equipment repair, and dyeing and dry-cleaning plants.
(6) 
Heavy commercial or industrial uses including retail or wholesale sale of building materials, farm equipment, construction equipment, businesses for the sale or storage of new and used machinery, businesses for the sale or storage of vehicles or trailers.
(7) 
Certain wireless communication facilities (WCFs) subject to § 220-81B(2).
A. 
Lot requirements.
Minimum lot area
5 acres
Minimum lot width at street line
Minimum lot width at building line
Minimum front yard
100 feet
Minimum side yard (each side)
100 feet
Minimum rear yard
150 feet
Maximum extent of impervious surface
45%
Maximum building height
45 feet
Accessory structures minimum side yard
50 feet
Accessory structures minimum rear yard
50 feet
B. 
Whenever a lot accommodating a use permitted in this district abuts a residential district along a side or rear lot line, the owner of the special intensified activities (SIA) lot shall provide a landscaped screen in conformance with § 220-64 between the SIA property and the residential property.
A. 
The following performance standards shall be met for all conditional uses provided in § 220-51C. These standards supplement the performance standards set forth in Article XV of this chapter, which shall also be met. However, in the event of any conflict, the specific provisions of these performance standards shall control.
(1) 
The owners shall demonstrate full compliance with all federal and state statutes and regulations applicable to the particular activity. The applicant must demonstrate that as at the time of the conditional use hearing applications have been filed with all other governmental authorities having jurisdiction. While permits are not required as and at the date of hearing, the Board may condition any approval upon receipt of such permits. Under no circumstances shall any use or occupancy permit be issued without proof of receipt of all other governmental permits and approvals.
(2) 
Maximum height may be exceeded if demonstrated to the satisfaction of the Board of Supervisors that exceeding maximum height is required based on the technology and/or permitting of the activity involved. The applicant shall submit with the application such documentation as is necessary to establish these standards. However, the specific height shall be determined as part of the conditional use process. In addition and notwithstanding any contrary provision in this chapter, additional front, side, and rear yard setbacks shall be required at the rate of three feet additional setback for every one foot of height exceeding the maximum height provided in § 220-52. In addition, if height is exceeded, lot size requirements shall also be increased to the extent necessary to accommodate the proposed structure. The five-acre minimum lot size and the additional setback requirements for exceeding height shall not be used to justify a variance for lot size or yard setback requirements.
(3) 
The minimum height for landscape buffer, including berm, shall be eight feet, reaching a height of 11 feet no later than three years from the date of planting. The minimum height of plantings shall be five feet. The minimum depth of the landscape buffer shall be 20 feet.
(4) 
Noise originating from the property shall be controlled so that it is not at levels in excess of the standards set forth in Chapter 133, Noise, as amended.
B. 
In addition to the above, power-generation facilities shall meet the requirements of Article XVI, § 220-78.