Danville City Zoning Code
ARTICLE VII
Performance Standards
§ 260-43 General application.
[Amended 5-5-2009 by Ord. No. 496]
All existing and proposed principal and accessory permitted uses, special exceptions, and conditional uses are subject to the following performance standards and procedures.
§ 260-44 Performance standards procedures.
A.
Prior to construction and operation.
(1)
Any application for a building permit for a use, which shall be subject to performance standards, shall be accompanied by a sworn statement by the owner of subject property that said use will be operated in accordance with the performance standards set forth herein.
(2)
Any application for a principal or accessory permitted use in a C-3 or M-1 Zone shall further be accompanied by a report prepared by a licensed professional engineer describing the methods or procedures to be undertaken to assure compliance with the performance standards specified herein; provided, however, that the Zoning Hearing Board will consider requests for a waiver of this requirement and may waive this requirement for uses which are not considered likely to violate any of the standards set forth herein.
B.
Continued compliance. Continued compliance with performance standards is required and enforcement of continued compliance with these performance standards shall be the responsibility of the Zoning Officer.
§ 260-45 Nuisance elements.
A.
Definition of elements. No land or building shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other nuisance, condition or element in such amount as to adversely affect the surrounding area or premises (referred to herein as "dangerous or objectionable elements").
B.
Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made at:
§ 260-46 Standards to be enforced.
A.
Fire and explosion hazards.
(1)
In all activities involving and all storage of inflammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulations shall also apply.
(2)
No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground except in structures according to commonwealth and federal specifications.
(3)
All outdoor storage facilities for fuel shall be enclosed by an approved safety fence to prevent access thereto by unauthorized individuals.
(4)
All materials or wastes which might cause fumes, constitute a fire hazard or attract rodents or insects may only be stored if enclosed in buildings or containers which are adequate to eliminate such hazards.
(5)
No materials, fuels, wastes or flammable substances may be deposited or stored on a lot in such a manner as to allow them to be transferred off the lot by natural causes or forces. No substances, including but not limited to gasoline, oil, waste oil and chemicals, which can contaminate a stream or watercourse or render such stream or water source unusable or undesirable as a source of water supply or recreation or which will destroy or damage aquatic life shall be stored in such a location so that it could be introduced into said stream or watercourse by natural causes or forces or by rupture of storage containers or accidental discharge.
B.
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
D.
Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 260-45B.
E.
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in § 260-45B shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.
F.
Smoke, dust, fumes, vapor and gas control. The emission of dust, dirt, fly ash, fumes, vapors or gases which cause any damage to human health, to animals or to vegetation or other forms of property or which can cause soiling or staining of persons or property at any point beyond the lot line of the use creating such emission is hereby prohibited. No emission of liquid or solid particulate from any chimney or stack or otherwise shall exceed three hundredths (0.03) grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. Identical processes or facilities may be compared to determine compliance with this subsection. For measurement for the amount of particles discharged as set forth above, measurement procedures shall follow those then employed by the Pennsylvania Department of Environmental Protection for similar or identical measurements.
G.
Odors. No emission shall be permitted of malodorous gases or other malodorous matter in such quantities as to be readily detectable without instruments at the property line of the zone lot from which they are emitted.
H.
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling.
I.
Surface and ground water contamination. All activities involving the possible contamination of surface or groundwater shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions shall be provided by the developer.