Township of Bern, PA Article VIII LI Limited Industrial District

§ 184-44 Purpose.

It is the intent of this district to provide an area in which a variety of industrial uses may 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, performance standards are established.

§ 184-45 Applicability.

In an LI District, the following regulations shall apply.

§ 184-46 Permitted uses.

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) Industrial uses which shall be carried on in a completely enclosed building and which shall include the storage, manufacture, assembly, fabrication, packing, testing or other handling of products from previously prepared materials. All other industrial uses not defined above are permitted in the General Industrial District only.

(2) Office activities.

(3) Wholesaling, industrial sales, enclosed storage warehouse units and truck terminals, subject to the following:

[Amended 12-7-2021 by Ord. No. 333-2021]

(a) All roadways, parking and loading areas shall be paved.

(b) No loading shall be permitted between the building setback line and the street line.

(c) All loading shall be conducted within or adjacent to a building.

(d) Activities shall be served by streets meeting Township collector street specifications.

(4) Printing and publishing activities.

(5) Research activities.

(6) Municipal use.

(7) Factory retail outlet stores, provided that the products sold are manufactured, assembled or produced on the premises as part of the primary activity thereon.

(8) Motor vehicle rental facilities.

[Added 4-1-2008 by Ord. No. 243-2008[1]]

[1] Editor’s Note: This ordinance also provided for the redesignation of former Subsection A(8) as Subsection A(9).

(9) Industrial park.

[Added 10-21-2015 by Ord. No. 299-2015[2]]

[2] Editor’s Note: This ordinance also provided for the redesignation of former Subsection A(9) as Subsection A(11).

(10) Large-scale industrial parks.

[Added 10-21-2015 by Ord. No. 299-2015]

(11) Short-term rental pursuant to the terms and conditions of Chapter 165 of the Code of the Township of Bern.

[Amended 5-2-2023 by Ord. No. 342-2023]

(12) Accessory uses normally associated with a permitted principal use.

[Amended 5-2-2023 by Ord. No. 342-2023]

B. The following uses are permitted by conditional use only by the Township Supervisors in accordance with § 184-210 of this chapter:

[Added 4-12-2000 by Ord. No. 186-2000]

(1) The collection, processing, bottling and distribution of surface water and groundwater, subject to the following:

(a) A permit shall be obtained from the Pennsylvania Department of Environmental Protection.

(b) A hydrologic study shall be submitted to the Township, which shall indicate the impact of water collection activities on surface water and groundwater supplies and quality in the general area of such activities. Water collection activities shall not endanger surface water and groundwater levels and quality on nearby properties. Any person engaged in water collection activities under this section who affects a public or private water supply by contamination or diminution shall restore or replace the affected water supply with an alternate source of water adequate in quantity and quality for the purposes served by the water supply.

(c) Any person engaged in water collection activities shall post security with the Township in such form and amount as the Township Board of Supervisors may determine to be adequate to guarantee the restoration or replacement of any water supply or supplies which may be adversely affected by such water collection activities.

(d) The operator shall post security with the Township to cover the cost to repair, reconstruct or resurface any public roads maintained by the Township which are damaged or subjected to excessive wear resulting from the use of said roads by the operator or others in connection with the water collection operations. In lieu thereof the operator may enter into an agreement with the Township to make an annual contribution to be used in the maintenance of said roads.

(e) The failure to post such security or to adequately protect the surface water and groundwater levels and quality on nearby properties shall be grounds for revocation of the operator's certificate of occupancy by the Township Board of Supervisors and, in that event, an officer of the Township, in addition to other remedies, penalties and forfeitures provided in this Zoning Ordinance, may institute in the name of the Township any appropriate action or proceeding to prevent, restrain, correct or abate any continuing violation of the provisions of this chapter by the operator.

(2) The Bern Township Board of Supervisors realizes that large-scale industrial parks consisting of 100 acres or more can provide economic benefit to the Township, but may face unique challenges and obstacles related to their size and the challenges presented in developing such large-scale projects. In recognizing the challenges involved in developing large-scale industrial parks, being industrial parks consisting of 100 acres or more the Bern Township Board of Supervisors may permit the waiver of or a reduction of the following requirements, as part of a conditional use approval following a conditional use hearing:

[Added 10-21-2015 by Ord. No. 299-2015]

(a) § 184-169, Slope controls.

(b) § 184-170, Removal of natural resources.

(c) § 184-171, Floodplain controls and riparian buffer zones.

(d) § 184-175, Procedures for development of land other than agriculture.

(3) Grower/processor facility in accordance with the use restrictions described in § 184-153.1C.

[Added 11-6-2017 by Ord. No. 309-2017]

(4) 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]

§ 184-47 Lot area.

[Amended 4-12-2000 by Ord. No. 186-2000]

The minimum lot area for a permitted use with either or both public water and sewer facilities shall be one acre. The minimum lot area for a permitted use without either or both public water and sewer facilities shall be five acres.

§ 184-48 Yards.

[Amended 4-12-2000 by Ord. No. 186-2000]

The minimum side and rear yards shall be 35 feet. The front yard shall be 50 feet measured from the street line. In the case of a lot without either or both public water and sewer facilities, the minimum side and rear yards shall be 50 feet. The minimum distance between buildings on the same lot shall be 50 feet.

§ 184-49 Height.

The maximum building height shall be 35 feet. This height may be exceeded through the conditional use procedure in accordance with § 184-210.

§ 184-50 Lot dimensions.

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.

§ 184-51 Coverage.

At least 40% of the lot shall be maintained as open area.

§ 184-52 Special design requirements.

A. No paving other than driveways or pedestrian walkways shall be located within 20 feet (50 feet in the case of Route 183) of the street line.

[Amended 4-12-2000 by Ord. No. 186-2000]

B. Along each side and rear property line which abuts a residential district boundary line or an existing residential use, a minimum building setback of not less than 100 feet in width shall be provided and a minimum setback of 50 feet for parking areas shall likewise be provided. In a similar manner, where a tract of land which is zoned LI abuts an existing street and the land on the opposite side of the street is zoned residential or a residential use exists, the minimum front yard shall be 100 feet, the first 50 feet of which shall be open space. The minimum parking setback shall be 50 feet.

[Amended 10-1-1996 by Ord. No. 159; 10-1-1996 by Ord. No. 160]

(1) The 20 feet of such yard space nearest the property line or street line or district boundary line shall be screened and buffered with landscaping, fencing, earth mounds, planting materials or a combination thereof as defined in § 184-5 herein. Where adjacent land that is residentially zoned is owned by the same owner as that of the LI zoned land and the same is part of an overall subdivision or land development plan or comprehensive series of land development plans, the front, side and rear yard setbacks in the abutting LI parcel or tract may be reduced to 50 feet, provided that the same remains open space and the first 20 feet of such yard space nearest the property line or street line or district boundary line shall be screened according to the definitions set forth in § 184-5 herein.

(2) In the event that the Bern Township engineering/planning consultant, in the reasonable exercise of professional discretion, determines that strict compliance with the requirement of screening in the first 20 feet of yard space nearest the street line or district boundary line is impractical or contrary to sound engineering and design principles, the Board of Supervisors may, upon recommendation of the engineering/planning consultant and the Bern Township Planning Commission, approve modification of said requirement in accordance with such recommendation.

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 Chapter 149, Stormwater Management, the storm drainage design standards found in Chapter 154, Subdivision and Land Development, as well as Chapter 89, Floodplain Management.

E. Each use shall comply with the design standards found in § 184-152.

F. Any development along the Route 183 corridor will require increased rights-of-way as determined after consultation with the Township, County and Pennsylvania Departments of Transportation.

G. 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]

H. 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]

I. 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]

§ 184-53 Performance standards.

Each use shall comply with the performance standards contained within § 184-153.