Dublin City Zoning Code
PART 6
PERFORMANCE STANDARDS
§ 27-601 General Performance Standards.
[Ord. 294, 11/26/2007, § 27-601]
All uses and activities established after the effective date of this chapter shall comply with the following standards.
§ 27-602 Storage and Waste Disposal.
[Ord. 294, 11/26/2007, § 27-602]
1.
There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in accordance with the laws and regulations of the United States, the State of Pennsylvania, Bucks County and Dublin Borough.
2.
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except the following:
A.
Tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
B.
Tanks or drums for storage of less than 300 gallons of fuel oil (other than that used for home heating) or gasoline, provided such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line.
3.
All outdoor storage facilities for fuel, raw materials, and products, and all fuel, raw materials, and products stored outdoors, shall be enclosed by an approved safety fence.
4.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
5.
Any materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
6.
All outdoor storage facilities for fuel, raw materials, products, waste, or similar material, shall be shielded from view of the public highways and any residential or recreational use.
§ 27-603 Noise.
[Ord. 294, 11/26/2007, § 27-603]
1.
Purpose. The purpose of this section is to protect the citizens of the Borough from noise disturbances. Although it is recognized that in present society certain amounts of noise are unavoidable, the citizens of the Borough are entitled to be protected from unnecessary disturbance, annoyance or injury from sound.
2.
Inspection and Testing. Upon presentation of appropriate credentials, the Zoning Officer or other duly appointed official, may enter and inspect any private property or place for purposes of testing for violations of these sound performance standards or to locate the source of any noise disturbance. When permission is refused, the aforesaid official may obtain a search warrant from a court of competent jurisdiction upon a showing of probable cause that a violation of this chapter exists. All tests shall be conducted using a sound level meter which is accepted in the trade as being of average quality and sensitivity. The meter shall be at least the quality of an ANSI S1.4-1971 Type 2 sound level meter.
3.
Impulsive Sounds. No sound shall be permitted for a duration of more than five seconds or more than two incidents within a twenty-four-hour period which is above the level of 110 dBA at any real property boundary upon which the source of the sound is located.
5.
Noise Sensitive Zones. The property upon which any hospital, school, nursery, rehabilitation center, sanitarium, nursing home, convalescent home, or home for the aged is located shall be designated as a "noise sensitive zone." The measure of the dBA level at the boundary line of any such "noise sensitive zone" shall comply with the general sound standard as set forth in this section except all dBA ratings shall be lowered by a factor of 15 dBA for computation purposes.
6.
General Sound Standard. All sound sources, including nonconforming uses shall comply with the general sound standard for the district in which it is located unless covered specifically by another section herein.
dB(A) Rating Limit | |||
|---|---|---|---|
Land Use Category | From 7:00 a.m. to 10:00 p.m. | From 10:00 p.m. to 7:00 a.m. and Sundays and Holidays | |
R1 and R2 | 60 | 50 | |
C-1 | 60 | 50 | |
C-2 | 75 | 65 | |
Ind. | 75 | 65 | |
Ind.-1 | 75 | 65 | |
TC | 60 | 50 | |
All measurements shall be taken at any real property boundary of the sound source. |
7.
Specific Prohibitions. The following acts, and the causes thereof, are declared to be in violation of this chapter:
A.
Operating, playing or permitting the operation or playing of any radio, television, phonograph, sound amplifier, musical instrument, or other such device between the hours of 10:00 p.m. and 10:00 a.m. in such a manner as to create a noise disturbance across a real property line or within a noise sensitive zone.
B.
Owning, possessing or harboring any animal which frequently or for any continued duration howls, barks or makes any other sound so as to create a noise disturbance across any real property boundary or within a noise sensitive zone.
C.
Performing any construction operation or operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 9:00 p.m. and 7:00 a.m. or at any time on weekends if such operation creates a noise disturbance across a real property boundary line or within a noise sensitive zone. This section does not apply to domestic power tools or to vehicles which are designed for transportation use on public highways.
D.
Repairing, rebuilding, modifying, testing or operating any motor vehicle, motorcycle, recreational vehicle, snowmobile or powered model vehicle in such a manner as to cause a noise disturbance across a real property or within a noise sensitive zone. This section shall not apply to operation on public highways of any vehicle in a normal manner.
E.
Operating or permitting the operation of any mechanically powered saw, drill sander, grinder, lawn or garden tool, or similar device (used outdoors) between the hours of 10:00 p.m. and 7:00 a.m. so as to cause a noise disturbance across any non-industrial real property boundary or within a noise sensitive zone.
8.
Exceptions and Variances.
A.
The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, the emission of sound in the performance of emergency work, or the performance of municipal service operations or activities.
B.
The Dublin Borough Zoning Hearing Board is empowered to hold public hearings and to grant variances from the terms of this chapter (pursuant to the procedure established in § 27-1206). A variance shall be granted only if the applicant can establish:
(1)
The source of the sound violation cannot be controlled so as to be brought into conformance with this chapter by any reasonable method.
(2)
The property in question cannot be used without the source of noise violation, or that the source of noise violation is necessary to prevent a taking of the property without compensation.
(3)
All reasonable steps have been taken to reduce the noise violation to the lowest level possible.
C.
The Board shall have the power to grant a variance for a limited period of time, not more than two years, to assure that the applicant will avail himself of any technical advances in sound control which may be developed in the future.
D.
The Board shall have the power to grant a reasonable extension of time for compliance with this chapter, if after public hearing, the applicant can establish that he will comply with this chapter but that he cannot do so within the time limit established by this chapter.
9.
Time for Compliance. Every person or use shall comply with this section within 30 days of adoption of this chapter.
10.
Enforcement and Appeals. All enforcement and appeal provisions governing this chapter as a whole shall be applicable to these noise performance standards.
11.
Applicability. Where any two or more provisions of these sound performance standards apply to any sound source, the most restrictive section shall be applicable to that source.
12.
Terminology. All technical terminology not defined in this chapter shall be defined in accordance with the publications of the American National Standard Institute (Acoustical Terminology, ANSI S1.1-1960 R1976) with its latest approved revisions.
§ 27-604 Air Pollution.
[Ord. 294, 11/26/2007, § 27-604]
1.
Compliance. No use shall emit or cause or allow to be emitted or permit to escape into the open air any air contaminant of a quantity or quality which will violate any provision of this chapter, the Commonwealth of Pennsylvania, or United States Air Pollution Regulations. Permits required by state or federal regulatory agencies shall be filed with the Zoning Officer prior to installation or use of the regulated items.
2.
Operation of Equipment. No use shall operate or maintain or permit to be operated or maintained any equipment, installation, or device which by reason of its operation or maintenance will discharge contaminants to the air in excess of the limits prescribed herein unless there shall be installed and maintained, in conjunction therewith such control equipment as will prevent the emission into the open air of any air contaminant in a quantity or quality that will violate any provision of state or federal law.
§ 27-605 Electrical and Electromagnetic Interface.
[Ord. 294, 11/26/2007, § 27-605]
There shall be no electrical or electromagnetic disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbances.
§ 27-606 Fire and Explosion.
[Ord. 294, 11/26/2007, § 27-606]
All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices.
§ 27-607 Odors.
[Ord. 294, 11/26/2007, § 27-607]
1.
No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. The guide for determining such quantities of offensive odors shall be the 50% response level of Table I (Odor Thresholds in Air), "Research on Chemical Odors: Part I-Odor Thresholds for 53 Commercial Chemicals," October, 1968, Manufacturing Chemists Association, Inc., Washington, D.C.
§ 27-608 Glare and Heat.
[Ord. 294, 11/26/2007, § 27-608]
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 lot line shall be permitted. These regulations shall not apply to signs or floodlighting of parking areas otherwise permitted by this chapter. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line.
§ 27-609 Vibration.
[Ord. 294, 11/26/2007, § 27-609]
No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or at any point beyond the lot lines; nor shall any vibration produced exceed 0.002g peak measured at or beyond the lot line using either seismic or electronic vibration measuring equipment.
§ 27-610 Buffer Yards. [1]
[Ord. 294, 11/26/2007, § 27-610]
1.
A buffer yard is an area of plantings surrounding a land use which screens or blocks vision, noise, pollutants, or other negative by-products associated with that use.
A.
Buffer yards are required for land developments. The extent of buffering required shall be determined by the type of use proposed and the adjacent uses surrounding the proposed development.
(1)
To determine the required buffer yard and planting schedule, a three step procedure shall be followed:
(2)
The procedure outlined above shall consist more specifically of:
(a)
Step 1-Site Analysis and Determination of Buffer Yard Class.
1)
For each property boundary, the applicant shall determine the adjacent land use. Land use information shall be determined by an on-site survey. Table 27-610-1 below specifies the buffer yard class for each boundary.
2)
The applicant shall match his proposed land use with the corresponding adjacent land use for each property boundary from Table 27-610-1. The letter on Table 27-610-1 indicates the buffer yard class.
(b)
Step 2-Selection of the Planting Option for the Buffer Yard Class.
1)
After determining the buffer yard class, the applicant shall select a planting option from Table 27-610-2. For each buffer yard class, planting options are available, one of which the applicant shall select to meet the buffer yard requirement for each boundary. The Planning Commission may consider an alternative planting option which shall have a screening capability at least equal to any of the available options.
(c)
Step three-Selection of Plant Material.
1)
Planting options are listed in Table 27-610-2 by plant groups (canopy, evergreen, etc.) Table 27-610-3 provides a description of the general growth characteristics and the desired buffering function for each plant group, followed by a suggested plant list. Plants other than those listed may be used, provided characteristics described are met.
2)
All plant material shall meet the requirements of the American Association of Nurserymen.
B.
General Requirements.
(1)
Existing Vegetation. All existing deciduous and coniferous trees larger than two inches in caliper and/or six feet in height may be considered to contribute to the required buffer yard. If the amount of existing plant material of that size or greater equals any of the above planting, it may be included in meeting those requirements. In all cases, existing plant material of the above caliper and height shall be preserved in any buffer yard except where clearance is required to insure adequate sight distance as per § 27-701, Subsection 4.
(2)
The buffer yard may be coterminous with required front, side or rear yards and, in case of conflict, the wider yard requirements shall apply.
(3)
All buffer yards shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass in conformance with existing regulations.
(4)
No structure, manufacturing or processing activity, or storage of materials shall be permitted in the buffer yards.
(5)
Parking is not permitted in any buffer yard.
(6)
Buffer Yard Materials.
(a)
Minimum size:
Deciduous | 1 1/2 inches caliper | |
Flowering | 1 1/2 inches caliper | |
Evergreen | 4-6 feet in height | |
Shrubs | 2-3 feet in height |
(b)
Plant materials shall be permanently maintained and any plant material which does not live shall be replaced within one year.
(c)
Fences and walls shall be completely opaque. Minimum height six feet, maximum height eight feet.
(7)
Prior to the issuance of any zoning permit, complete plans showing the arrangement of all buffer yards, the placement, species, and size of all plant materials, and the placement, size, materials, and type of all fences to be placed in such buffer yard shall be reviewed by the Zoning Officer to ascertain that the plans are in conformance with the terms of this chapter.
[1]
Tables 27-610-1, 27-610-2 and 27-610-3 are included as attachments to this chapter.
§ 27-611 Steep Slope Regulations.
[Ord. 294, 11/26/2007, § 27-611]
Development of land on ground in excess of 15% slope shall be subject to reviews and approval by the Bucks County Soil Conservation Service for soil erosion and sedimentation controls and shall require a zoning permit in accordance with § 27-1104.
§ 27-612 Modification of Existing Lot Usage.
[Ord. 294, 11/26/2007, § 27-612]
In cases where there is "land development" and where public water is not available to the lot, and where water is provided by means of a private well or wells owned and maintained by the lot owner, notice is given that such lots and wells are subject to the Bucks County Department of Health's Individual Water Supply Well Construction Specifications, as amended from time to time, and the Water System Connection. Ord. 164 and Res. 86-02 incorporated herein by reference, as the same may, from time to time, be amended. In addition, prior to any new connection to or new use of a well, the lot owner must prove that the well water meets all health and regulatory requirements, and be treated, if necessary, at the source by reliable means of purification, requiring minimal supervision under the current state of the art. In the case of individual lot owner development of a well, the well water shall meet DEP/EPA limits for at least the following:
A.
Total dissolved solids or conductivity, pH, iron, nitrate, chloride and sulfate, bacteriological quality and total volatile organics. Such wells are also subject to all other ordinances and resolutions if effect form time to time, there being no intention hereby to repeal any other provisions of this or any other ordinances or resolutions.
§ 27-613 Planned Residential Development.
[Ord. 294, 11/26/2007, § 27-613]
In planned residential development, applicants shall present evidence that the planned residential development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement, or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence. Such applicants shall likewise be subject to Ord. 164 and Res. 86-02, as amended, incorporated herein by reference, and all other applicable ordinances, resolutions and public regulation, there being no intention hereby to repeal any other provisions of this or any other ordinance or resolution.
§ 27-614 Parking Performance Standards.
[Ord. 294, 11/26/2007, § 27-614]
1.
General Regulations Applying to Required Off-Street Parking and Off-Street Loading Facilities.
A.
Existing Parking. Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this Part so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not be reduced below such requirements in the future.
B.
Change in Requirements. Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements according to the standards specified in this chapter, the total additional parking required for the structure or use, including the existing and additional alteration, change or extension, shall be provided in accordance with the requirements of that section.
C.
Conflict with Other Uses. No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
D.
Continuing Character of Obligation. All required facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except upon the approval of the Zoning Hearing Board and then only after proof that, by reason of diminution in floor area, seating area, the number of employees, or change in other factors controlling the regulation of the number of parking spaces, such reduction is in conformity with the requirements of this Article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance, a hazard or an unreasonable impediment to traffic.
E.
Joint Use. Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total by special exception if it can be demonstrated to the Zoning Hearing Board that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility.
F.
Location of Parking Spaces. Required off-street parking spaces shall be on the same lot or premises with the principal use served; or, where this requirement cannot be met, within 300 feet of the same lot when joined by sidewalks and curbs designed in accordance with Borough ordinances.
G.
Maintenance of Parking Areas. For parking areas of three or more vehicles, the area not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Borough Engineer to the extent necessary to prevent dust, erosion, or excessive water flow across streets or adjoining property. All off-street parking spaces shall be marked so as to indicate their location. Failure to keep parking areas in satisfactory condition, i.e., free from holes, shall be considered a violation of this chapter.
2.
Reduction of Nonresidential Parking Requirements. In order to prevent the establishment of a greater number of parking spaces than is actually required to serve the needs of nonresidential uses, Borough Council, after consulting with the Planning Commission and Borough Engineer, may permit a conditional reduction of parking space if the following conditions are satisfied:
A.
The design of the parking lot, as indicated on the land development plan, must designate sufficient space to meet the parking requirements of this chapter. The plan shall also illustrate the layout for the total number of parking spaces.
B.
The conditional reduction shall provide for the establishment of not less than 67% of the required number of parking spaces, as specified in this chapter. This initial phase of the parking provision shall be clearly indicated in the plan.
C.
The balance of the parking area conditionally reserved shall not include areas for required buffer yards, setbacks or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. This parking area which is reserved shall be located and have characteristics so as to provide amenable open space should it be determined the additional parking spaces are not required. The developer shall provide a landscaping plan for the reserved area with the land development plan.
D.
The developer shall enter into a written agreement with Borough Council that, after one year following the issuing of the last occupancy permit, the additional parking spaces shall be provided at the developer's or owner's expense should it be determined that the required number of parking spaces are necessary to satisfy the need of the particular land development.
E.
At the time of the above-stated agreement, the developer or owner shall post a performance bond or other securities to cover the expense of a traffic study to be undertaken by a registered traffic engineer of Borough Council's choosing who shall determine the advisability of providing the full parking requirement. Said study shall be undertaken one year after the issuance of the last occupancy permit pursuant to Subsection 2D above. With recommendations of the traffic engineer, the Borough Engineer and the Planning Commission, Borough Council shall determine if the additional spaces shall be provided by the developer or if the area shall remain as open space.
F.
Land which has been determined and designated by Borough Council to remain as open space rather than as required parking shall not be used to provide parking spaces for any addition or expansion but shall remain as open space.
3.
Alternative Compliance with Parking Facility Requirements.
[Amended by Ord. 312, 4/24/2017]
A.
The minimum number of off-street parking spaces within the zoning district designated as TC-1 may be decreased or waived when authorized by the Borough Council.
B.
The off-street parking space requirements for uses within the TC-2 and PVD Zoning Districts may be reduced or met by paying Dublin Borough a fee-in-lieu for each required parking space not provided if the Borough Council finds that such requirements are impractical or would conflict with the economic intentions of the TC-2 and PVD Zoning Districts. Said fee shall be determined from time to time by a fee schedule resolution of the Borough Council for the acquisition, construction, and maintenance of public parking and for related parking management services. This option may be used to meet up to 100% of the parking requirement.
4.
Design Standards. The design standards specified below shall be required for all off-street parking facilities with a capacity of three or more vehicles built after the effective date of this chapter:
A.
A parking stall is that area specifically designated by pavement markings, or some other means, for the temporary parking of one motor vehicle. Design standards for parking stalls shall not apply where the primary purpose is that of vehicle storage related to sales, service, or other use, either commercial or non-commercial.
B.
Unless otherwise specified, parking stalls shall conform to the following minimum dimensional standard:
[Amended by Ord. No. 324, 6/10/2019]
Type | Width (feet) | Depth (feet) | |
|---|---|---|---|
Conventional | 9.5 | 19 | |
Compact* | 8 | 18 | |
Handicapped | (As required by the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq, as shall be amended from time to time) | ||
Oversized** | (as determined by Borough Engineer) | ||
* | Where required parking for nonresidential uses exceeds 20 spaces, up to 30% of the total parking spaces may be designed and clearly designated for compact cars. | |
** | Including, but not limited to, recreational vehicles, tandem trailers, trucks and buses. |
C.
In order to provide for flexibility in parking lot design and layout, angle parking may be appropriate in certain instances. Where angle parking is utilized, the width of stalls for various types of parking uses shall remain consistent with the minimum dimensions established for each, while the depth of stall shall vary as follows:
Angle of Parking (In degrees) | Stall Depth Variation (feet) | |
|---|---|---|
90 | 0 | |
60 | +1 | |
45 | 0 | |
30 | -2 |
5.
Parking Access and Control.
A.
For the purpose of servicing any property held under single and separate ownership, entrance and exit drives crossing the street lot line shall be limited to two along the frontage of any single street, and their center lines shall be spaced at least 80 feet apart. On all corner properties, drives shall be spaced a minimum of 60 feet, measured at the curb line, between the center line of any entrance or exit drive and the street line of the street parallel to said access drive.
B.
In no case shall parking areas for three or more vehicles be designed to require or encourage cars to back into a public street in order to leave the lot.
C.
Parking spaces are not permitted in front of the minimum building setback line except in the TC-2 Town Center District. All parking spaces and access drives shall be at least five feet from any side or rear lot line, except for the additional requirements in buffer yards.
[Amended by Ord. No. 324, 6/10/2019]
D.
All parking areas of over three spaces shall be separated from any public street or adjacent property line by a planting strip of at least 10 feet in depth, and landscaped in accordance with § 27-610 Buffer Class A planting requirement for parking areas, unless it otherwise comes under Buffer Class B standards.
6.
All artificial lighting used to illuminate any parking space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring property or streets.
§ 27-615 Off-Street Loading Requirements.
[Ord. 294, 11/26/2007, § 27-615]
1.
In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this section.
A.
Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be so arranged that they may be used without:
B.
Location. All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicles shall project into any traffic lane. No loading berth for vehicles of more than two-ton capacity shall be located less than 100 feet from any Residential District.
(1)
No loading facilities shall be constructed between the building setback line and a street right-of-way line or within a required yard.
C.
Size. A required off-street loading berth shall be at least 15 feet in width by at least 50 feet in length, exclusive of aisle and maneuvering space, and shall have vertical clearance of at least 16 feet.
D.
Access. All required off-street loading berths shall be designed with appropriate means of vehicular access to an interior drive in a manner which will least interfere with traffic movements, and shall be subject to approval of the Borough. They shall have all-weather surfaces to provide safe and convenient access during all seasons.
E.
Surfacing. All open off-street loading berths shall be paved in accordance with the Subdivision and Land Development Ordinance. [Chapter 22].
F.
Repair and Service. No storage of any kind, or motor vehicle repair work of any kind, except emergency work, shall be permitted within any required loading berth.
G.
Space Allowed. Space allowed to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. Required off-street parking spaces shall not be used for loading and unloading purposes except during hours when business operations are suspended.
Use | Floor Area | Required Berths | |
|---|---|---|---|
Business and Professional Offices or Public Administration Building | First 10,000 square feet Next 40,000 square feet Each additional 50,000 square feet or fraction thereof | 1 1 1 | |
Food Stores and Retail Department Stores | First 5,000 square feet Next 5,000 square feet Each additional 20,000 square feet or fraction thereof | 2 1 1 | |
Manufacturing | First 3,000 square feet Next 7,000 square feet Each additional 20,000 square feet or fraction thereof | 1 1 1 | |
Wholesale and Other Uses | First 2,000 square feet Next 8,000 square feet Each additional 10,000 square feet or fraction thereof | 1 1 1 |