Article 15
Limited Industrial District (LI)

§14-1501 Purpose.

The regulations of the Limited Industrial District are designed to provide an area in which a variety of limited industrial uses and some commercial uses may be located. Essentially, this district provides for limited industrial uses as permitted by right, along with limited commercial uses and accessory retail sale of uses produced or stored on the same lot. New residential uses of land are to be excluded in this district. Limited industrial areas have been located near existing public utility service areas and along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.

(Ord. 2008-1, 6/9/2008, §1500)

§14-1502 Permitted Uses.

The following is a list of uses and/or activities that may be permitted within this district provided that the performance standards listed in §14-1504 are satisfied.

A.    Manufacturing, processing, and storage related to, but not limited to, the following:

(1)    Meat products.

(2)    Dairy products.

(3)    Bakery products.

(4)    Candy and other confectionary products.

(5)    Bottled and canned soft drinks, carbonated water and spring water.

(6)    Manufactured ice.

(7)    Apparel and other finished products made from fabrics and similar materials.

(8)    Millwork.

(9)    Wood kitchen cabinets.

(10)    Furniture and fixtures.

(11)    Converted paper and paperboard products, except containers and boxes.

(12)    Paperboard containers and boxes.

(13)    Printing, publishing, and allied industries.

(14)    Pharmaceutical preparations.

(15)    Glass products made of purchased glass.

(16)    Metal cans and shipping containers.

(17)    Cutlery, hand tools, and general hardware.

(18)    Metal doors, sash, frames, molding, and trim.

(19)    Wire springs, from purchased wire.

(20)    Fabricated pipe and fabricated pipe fittings.

(21)    Office, computing, and accounting machines.

(22)    Refrigeration and service industry machinery.

(23)    Electric transmission and distribution equipment.

(24)    Household appliances.

(25)    Electric lighting and wiring equipment.

(26)    Radio and television receiving equipment.

(27)    Communication equipment.

(28)    Electric components and accessories.

(29)    Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks.

B.    General contractors and operative builders.

C.    Public warehousing.

D.    Wholesale trade–durable goods.

E.    Wholesale trade–nondurable goods.

F.    Retail businesses directly in connection with permitted uses, not to exceed 30 percent of the gross leasable area of the building in which it is located.

G.    Office uses when directly in connection with permitted uses.

H.    Communications antennas, communications equipment buildings, and communications towers, subject to the conditions listed in §14-2613 of this Chapter.

I.    Forestry activities, subject to the conditions listed in §14-2220 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1501)

§14-1503 Conditional Uses.

Upon approval by Borough Council, the following conditional uses are permitted provided that the use complies with the performance standards listed in §14-1504 of this Chapter, the applicable requirements specified in Article 30 of this Chapter and the following conditions:

A.    The excavation, extraction, or removal of rock and slag which are waste products or stock piles from prior mining and extraction activities in the Borough provided that the following conditions are met:

(1)    Granting of the conditional use shall be conditioned upon an approved Pennsylvania Department of Environmental Protection (herein “DEP”) permit authorizing said activities.

(2)    The proposed operation shall not adversely affect soil fertility, drainage and lateral support of abutting land or other properties, nor shall it contribute to soil erosion by water or wind.

(3)    That portion of access roads located within 100 feet of any residence shall be provided with a dustless surface. Access roads shall connect to major

roads avoiding undue movement through residential areas.

(4)    At all stages of operation, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.

(5)    A site plan for rehabilitation, showing both existing and proposed final contours, shall be submitted. After any such operations, the site shall be made re-usable for a use permitted in the zoning district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation is terminated. Except where lakes are created and retained, the area shall be brought to final grade by a layer of earth at least 2 feet deep or to original thickness, whichever is less, and capable of supporting vegetation or shall meet those requirements established by the DEP. Fill shall be of material acceptable to the DEP.

B.    Race Tracks, Dirt Bike and ATV Courses.

(1)    Tracks shall be encompassed by a berm a minimum of 8 feet in height which shall be no greater distance than 50 feet from edge of the track. The berm shall have a 10-foot top width with side slopes no greater than 2:1.

(2)    Dense vegetative or fence screen shall be installed on top of berm no less than 6 feet in height.

(3)    Hours of operation shall be limited to: 7 a.m. – 11 p.m.

(4)    Lighting shall be directed towards the track, parking, and spectator areas, and shall be shielded from adjoining properties. A maximum lighting level of 0.0 foot-candles shall be maintained at the property line.

(5)    All parking facilities shall be paved with a bituminous material acceptable to the Borough.

(6)    Frontage of the property adjacent to all roadway shall have concrete curbing.

(7)    Restrooms and concession stands shall be provided in permanent structures.

(8)    A traffic impact study shall be provided if greater than 100 trips per day are expected to be generated.

C.    Shooting/Gun Ranges Outside/Open Air.

(1)    Shot Containment. Shooting range facilities shall be designed to contain all of the bullets, shot, or arrows or any other debris on the range facility.

(2)    Setbacks. All shooting stations on a range facility shall be located a minimum of 200 feet from any property line.

(3)    Warning Signs. Warning signs meeting National Rifle Association (NRA) guidelines for shooting ranges shall be posted at 100-foot intervals along the entire perimeter of the shooting range facility.

(4)    Distance from Occupied Dwelling. All shooting stations shall be located at least one-fourth mile [1,320 feet] from any existing, occupied dwelling.

(5)    Hours of Operation. Shooting ranges shall be allowed to operate between 10 a.m. to 8 p.m., except that the hours may be extended after sunset for purposes of certification of law enforcement officers, or may be extended for other purposes only when a permit allowing such activity is issued in advance by the Police Department. On Sundays, shooting shall be allowed between 12:30 p.m. to 6 p.m., unless a permit allowing such activity is issued in advance by the Police Department.

(6)    Liability Insurance. The permittee shall be required to carry a minimum of $1,000,000 of liability insurance. Such insurance shall name Cornwall Borough as an additional insured party and shall save and hold Cornwall Borough, its elected and appointed officials, and employees acting within the scope of their duties harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of a person or group’s members or employees or third parties on account of any property damage arising out of the acts or omissions of the permittee, his/her group, club, or its agents or representatives. The Borough shall be notified of any policy changes or lapses in coverage.

(Ord. 2008-1, 6/9/2008, §1502; as amended by Ord. 2017-1, 2/13/2017, §1)

§14-1504 Performance Standards.

No use and/or activity, provided for in this Article shall be established, expanded, reconstructed or relocated in the Limited Industrial District unless and until certification is provided to the Borough Council that satisfactorily demonstrates compliance with the performance standards of this Section. Certification shall consist of approvals through State or Federal permitting authorities, reports or analyses by private consultants, engineers, etc., or other acceptable sources.

A.    Certification Criteria. At a minimum the following issues shall be addressed as a part of the performance standards certification:

(1)    Detailed description of the industrial process to be established, expanded, reconstructed, or relocated, including the general type of equipment involved.

(2)    Detailed description of environmental safety measures, existing and proposed, which are required by other governmental agencies.

(3)    Raw materials to be utilized and the location of their source.

(4)    Storage facilities required, both before and after processing has taken place.

(5)    Type of waste generated, the disposal method and location of the waste disposal. If off-site, contracts/agreements with disposal sites and haulers shall be included.

(6)    Environmental monitoring measures, existing and proposed.

(7)    Air and/or water quality controls, existing and proposed.

(8)    Carrying capacity (load and volume) of Borough roads for transportation of both raw materials and the finished product.

(9)    If communication equipment is involved, detailed information concerning the type of transmission and/or reception capabilities intended and the resulting levels of radiation involved both on and off the property.

(10)    Specific documentation of the requirements of paragraphs .B(1), .B(3), .B(5) and .B(12).

B.    Specific Performance Criteria.

(1)    No uses of land, buildings, and structures or industrial processes shall be permitted that:

(a)    Emit obnoxious, toxic, or corrosive fumes or gases.

(b)    Emit odors that are perceptible at or beyond the lot lines.

(c)    Emit noxious smoke from the primary activities of plant operations.

(d)    Discharge into the air hazardous amounts of dust or other particulate matter.

(e)    Produce any heat or glare perceptible at or beyond the lot lines.

(f)    Utilize lighting in a manner which produces glare perceptible at or beyond the lot lines.

(g)    Produce physical vibrations perceptible at or beyond the lot lines.

(h)    Produce electromagnetic radiation or injurious radioactive emissions.

(i)    Engage in the production or storage of any material designed for use as an explosive.

(j)    Engage in the storage of objectionable or toxic waste materials on the lot for any period beyond 30 days.

(k)    Discharge any untreated or potentially dangerous and/or toxic effluent from plant operations.

(2)    All manufacturing, fabricating, processing, compounding, or treatment activities shall be conducted within a completely enclosed building. All exterior storage of materials/products shall be in sturdy containers or in enclosures that are fenced, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the enclosure. The use of screen plantings is recommended around such enclosures.

(3)    The use and storage of all flammable and combustible liquids shall comply with the requirements set forth by the Fire Marshall Division of the Pennsylvania State Police, based on 37 Pa.Code, Chapters 11 and 13, and the following requirements, whichever are greater:

(a)    All gasoline and petroleum pumps shall be located outside of buildings, no less than 35 feet from any road right-of-way line or lot line.

(b)    All fuel, oil, or similar combustible petroleum products storage tanks shall be located under ground at least 35 feet from any road right-of-way or lot line.

(4)    The site shall be served by an adequate supply of public water and sewer.

(5)    Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA.

(6)    In addition to the requirements of this district, all landscaping and buffer area requirements shall comply with Article 23 of this Chapter.

(7)    A buffer area of 25 feet shall be required along the side and rear perimeter of the property excepting driveways may encroach on the buffer area.

(8)    Where industrial uses abut a residential district, the buffer area shall be a minimum of 100 feet and shall be planted with a double-wide dense screen planting (minimum width of 10 feet) for the entire length of the residential district area.

(9)    The required yard space shall be considered as part of the buffer area and shall be planted with grass seed, sod or ground cover or where specified, screen plantings. Buffer areas shall be maintained and kept free of all debris and rubbish.

(10)    No principal or accessory structure, manufacturing or processing activity or storage of materials shall be permitted in buffer areas; however, access drives may cross buffer areas. In side or rear yards the parking of employees or visitor automobiles may be permitted in that portion of the required side or rear yard which is not a part of the buffer area. In the front yard, parking shall not be permitted within 25 feet of any street or road right-of-way; provided, however, that the minimum 25 feet is satisfied, up to 50 percent of the required front yard may be utilized for parking facilities.

(11)    All loading and unloading facilities shall be located in the rear yard.

(12)    A traffic plan for the facility shall be filed with the Borough, preferably with the land development plan, for approval prior to issuance of a building and zoning permit. Said plan shall restrict most vehicular traffic to and from the facility to major collectors or arterials where possible.

(Ord. 2008-1, 6/9/2008, §1503)

§14-1505 Lot Area, Building Height, and Yard Requirements.

A lot width, lot area, lot coverage, yard setback, and building height requirement of not less than the dimensions shown in the following table, unless otherwise specified heretofore in this Article shall be provided for every industrial use and/or principal nonresidential building or use erected, altered or established in this district.

A.    District Requirements.

	Lot Requirements			Yard Requirements
	Min. Lot Area	Min. Lot Width	Max. Lot Coverage	Each
Use				Front	Side	Rear
Nonresidential building	2 acres	250 ft.	10%	75 ft.	50 ft.	50 ft.

B.    Height Requirements. The height of any main or accessory building or structure shall not exceed 35 feet, except that chimneys, flagpoles, water tanks, and other mechanical appurtenances may be built to a height not exceeding 75 feet above the finished grade where erected upon or as an integral part of the building.

(Ord. 2008-1, 6/9/2008, §1504)

§14-1506 Minimum Off-Street Parking Requirements.

Off-street parking shall be provided for in accordance with Article 24 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1505)

§14-1507 Signs and Advertising Structures.

Signs shall be permitted in accordance with Article 25 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1506)

§14-1508 Supplementary District Regulations.

The supplementary district regulations in Article 22 shall apply, where applicable, as additional requirements for this district.

(Ord. 2008-1, 6/9/2008, §1507)

§14-1509 Environmental Improvements and Energy Conservation Requirements.

The environmental and energy requirements in Article 23 shall apply, where applicable, as additional requirements for this district.

(Ord. 2008-1, 6/9/2008, §1508)

§14-1510 Access to Major Road.

All uses permitted hereunder shall have access to a major road as defined in Article 2 of this Chapter.

(Ord. 2008-1, 6/9/2008, §1509)