In expansion of the declaration of legislative intent and statement of community development objectives found in §§ 500-101 and 500-102 of Article I of this chapter, it is the intent of this article to provide regulations to permit limited industrial and commercial development in appropriate areas in conformance with the goals of the Comprehensive Plan, Open Space and Environmental Resource Protection Plan, and the following objectives:
A.
Effectively regulate the establishment and maintenance
of outdoor storage and other uses as defined herein.
B.
Protect the public health, safety and welfare from
potential dangers and/or any adverse effects which may result from
the operation of the uses described herein.
C.
Contain the standards and criteria for licensing and
operating the uses described herein.
D.
Permit solid waste disposal facilities as per Article XXI, subject to additional criteria intended to protect the public health, safety and welfare from any adverse effects of such facilities and operations.
E.
Permit other intense uses which are not permitted
elsewhere.
F.
Provide standards and criteria for outside storage
and intensive commercial and industrial development in appropriate
areas of the Township in accordance with the Comprehensive Plan.
A.
All presently existing uses as set forth in this article,
whether located or not in the OS Outdoor Storage and Intensive Commercial/Industrial
District, are declared nonconforming and subject to the provisions
of this chapter only at the time of expansion onto adjacent properties,
whether or not held in single ownership.
B.
The intent and interpretation of this section is as
follows:
(1)
Uses existing at the time of 1996 adoption of
the OS Outdoor Storage and Heavy Commercial District are considered
to be legitimate uses.
(2)
The Township has no intention of taking any
action against such uses which are intended primarily to cause the
closure and/or removal of any of these uses.
(3)
Because of the nature of the uses permitted,
it is in the best interest of the Township to require application
of all the rules and regulations of the OS District to all new proposals
and expansion of these nonconforming uses onto adjacent properties.
The following are the uses permitted in this
district:
A.
Uses contained in § 500-1801, Permitted uses, of the Limited Industrial District of this chapter, developed according to LI District standards.
B.
The following uses when approved as a conditional
use:
(1)
Solid waste disposal facilities, recycled materials processing facility, resource-recovery operation, or salvage operation, in compliance with Article XXI, Solid Waste Disposal and Recycling Regulations. In the event of a conflict between requirements of this article and those of Article XXI, the regulations of Article XXI shall prevail.
(2)
Adult uses, as defined in this chapter, in compliance with the standards and criteria of § 500-816.
(3)
Outdoor storage business, as defined below,
subject in addition to the licensing and operation standards and criteria
found in the following sections.
(4)
Quarrying or mining operations.
(5)
Paintball or sportsmen's club.
(6)
Any other use not permitted within any other
district, provided that the applicant shall demonstrate to the satisfaction
of the Board of Supervisors that provisions will be made to adequately
reduce or minimize any noxious, offensive or hazardous features of
such use.
The following dimensional standards shall be
applied to subdivision and/or land development proposals, other construction
and/or use of land.
A.
Minimum lot area: five acres.
B.
Minimum lot width: 250 feet.
C.
Maximum impervious surface: 50%.
D.
Maximum building and structure height.
[Amended 8-8-2023 by Ord. No. 2023-02]
(2)
The maximum height of a building is 40 feet, excluding mechanical
penthouses the height of which are determined with reference to the
International Building Code. Any building height in excess of 40 feet
requires conditional use approval by the Board of Supervisors. In
considering an application for conditional use related to building
height, the Board of Supervisors shall consider the following factors:
(a)
The nature of the building itself and the extent to which it
is consistent or inconsistent with the landscape and structures in
the vicinity of it;
(b)
The height of other buildings in the area;
(c)
The proximity of residences and the extent to which the height
of the building diminishes the quality of life for those residing
in proximity to the building, also considering topography and the
extent to which the building is visible from nearby residences;
(d)
Whether the building will include a mechanical penthouse that
is excluded from the definition of building height;
(e)
The extent to which the requirements, standards or common practices
associated with a particular proposed use require a building that
is more than 40 feet tall;
(f)
Whether the increased building height will increase the impact
of the use of the building with respect to noise, traffic volume,
light spillover, or similar community impacts.
E.
Setbacks.
|
Parking, Loading
|
Stored Materials, Service Areas
(feet)
|
Buildings, Storage Areas
(feet)
| |
|---|---|---|---|
|
From the ultimate right-of-way of any public
street
|
30
|
100
| |
|
An abutting residential or institutional district
boundary line or a property line of such a use
|
50
|
100
| |
|
Any other district boundary line or property
line
|
25
|
50
|
[Amended 9-13-2005 by Ord. No. 2005-10]
A license shall be required to own and/or operate an outdoor storage business or a business which includes outdoor storage, as defined herein, and permitted under § 500-1902B(3).
A.
Plans for new proposals or expansion of any existing OS Outdoor Storage and Intensive Commercial/Industrial District use shall be submitted to the Township Secretary per the final submission date prior to the Planning Commission's regularly scheduled meeting, and such plans shall include all of the information required in § 500-1706, Plan submission and review, and § 500-817, Performance standards, including an environmental assessment statement, per § 500-820 of this chapter.
B.
The additional license required for an outdoor storage
business shall be issued by the Township Supervisors after written
application has been made to the Planning Commission by the person,
partners, association or others desiring to be licensed.
(1)
Such application shall state the name of the
person or business for whom the license is requested and the premises
licensed thereunder.
C.
No incomplete applications will be accepted by the
Township Planning Commission.
A.
Fee, approval, issuance. Upon approval of the Township
Supervisors, the Supervisors shall issue a license upon receipt of
a license fee in the amount set by resolution of the Board of Supervisors
for each and every license issued.
B.
License limitation. No person licensed under this article shall, by virtue of one license, keep more than one place of business within the Township or maintain more than one of the uses contained in § 500-1902, Permitted uses. A separate license is required for each place of business or use maintained or operated as set forth herein.
C.
Recordkeeping. Every person licensed under this article
shall provide and keep a book which shall be written in the English
language, at the time of purchase or receipt of any motor vehicle,
a description of the vehicle, the date and hour of purchase or receipt,
and the person from whom such article or material was purchased or
received. The description of the motor vehicle shall include the trade
name; the motor body manufacturer's numbers and any other serial numbers;
the style of the body; model; color; and license number.
D.
Nontransferability. No license issued by the Township shall be transferable by the licensee to any other person unless such a transfer is authorized by written consent of the Township Supervisors. Any person desiring to transfer his license shall notify the Township Supervisors in writing, and notification shall be accompanied by an application for a license, as described in § 500-1904, Application procedure, by the transferee.
E.
Delay in disposal. Every person licensed under this
chapter shall keep and retain upon the licensed premises, for a period
of 48 hours after receipt, all motor vehicles received by him and
shall not alter the original form, shape or condition until the forty-eight-hour
period has elapsed.
No person shall be licensed under this article, nor any plan approved or property used as an outdoor storage use contained in § 500-1902, Permitted uses, herein, unless the property to be used complies with the performance standards of § 500-817 plus the additional regulations listed below:
A.
Premises shall be maintained so as not to constitute
a nuisance or menace to the health of the community or of residents
nearby.
B.
No organic wastes or water shall be discharged, treated
or stored, except as shall be approved by the Upper Hanover Authority
and the Montgomery County Health Department.
C.
There shall be erected a front yard fence or wall
not less than six feet in height, and it shall be located within the
setback area at a point not closer than the ultimate right-of-way
line and maintained in a constant state of good repair. The same fence
shall be continued around the sides and rear of the portion of property
being actively used so that all parts of the outdoor storage operation
are enclosed by the fence.
D.
An adequate internal circulation pattern of streets
of at least 20 feet wide shall be maintained in order to allow fire
and emergency equipment to maneuver within and to prevent the spread
of fires. The internal roads shall be constructed of an all-weather
paved material that will permit passage during all types of weather
conditions.
E.
The outdoor storage of any materials or wastes which
are visible from any adjoining or opposite residential uses, residential
districts, or public roads shall be permanently screened by a buffer
area. The primary component of the buffer area shall be placement
of evergreen trees and deciduous trees.
(1)
Evergreen trees shall be planted at a height
not less than four feet when planted and attain a height at maturity
of not less than 15 feet.
(2)
Deciduous trees shall be at least 1 1/2
inches in caliper and six feet in height when planted and shall attain
a height of not less than 20 feet at maturity.
F.
Also required as a secondary component of the buffer
is one or a combination of the following: grass, ground cover and/or
similar vegetation; earth mounding (the use of which is encouraged),
provided that slopes shall be a maximum of three to one; fencing;
and coniferous shrubbery. Any combination of evergreen trees, deciduous
trees, mounding, fencing, coniferous shrubs, or other natural vegetation
or man-made material is allowable, provided that they are properly
related to one another so as to produce an effective buffer area designed
to visually screen the materials or wastes and it is achieved within
a reasonable time.
G.
Permitted uses contained in § 500-1801, Permitted uses, shall be allowed only where direct access can be obtained from a major arterial or collector road, as defined in the Comprehensive Land Use Plan of Upper Hanover Township, and not any local residential streets. In the event that a secondary access driveway is needed and to be taken from a local residential street, it shall be used for emergency purposes only and not for normal business operations.
H.
No more than two uncrushed vehicles can be stacked
on top of one another. All other material and vehicles shall be stored
in a manner to prevent any materials or wastes to be washed, blown
or otherwise transferred off the site by normal causes or forces and
to a height which does not exceed 10 feet.
The Fire Marshal and/or Building Inspector and/or
the Township Engineer are required to regularly inspect the premises
of licensed operations to determine if the licensee is in full compliance
with the provisions of this chapter and any conditions of the license.
Township officials are required to report, not less than once a year,
in writing, to the Township Supervisors regarding the conditions of
the property. By applying for a license, the property owner or operator
of the business in question consents to said inspection.
