Franklin Park City Zoning Code
ARTICLE 2100
Performance Standards
§ 212-2101 Emission of offensive odors.
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 1 (Odor Thresholds in Air) found in "Odor Threshold Determinations of 53 Odorant Chemicals" by Gregory Leonardos, David Kendall and Nancy Barnard published in the Journal of the Air Pollution Control Association, Volume 19, Number 2, February 1969.
§ 212-2102 Storage of hazardous materials.
A.
No highly flammable or explosive liquids, solid or gases shall be stored in bulk above the ground, except the following:
(1)
Tanks or drums of fuel, regardless of size, connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel, specifically designed to handle the material.
(2)
Tanks or drums for storage of less than 300 gallons of fuel oil or gasoline, provided that such tanks are located no closer than 25 feet to any building or lot line or 50 feet from any street line.
(3)
In addition to Borough standards, any individual storing flammable or explosive liquid must abide by PADEP and Allegheny County requirements.
B.
No materials or wastes shall be deposited upon a lot in such form or manner that they shall be transported off the lot by natural causes or forces; nor shall any substance which can contaminate wells, watercourses or potable water supplies or otherwise render such wells, watercourses or potable water supplies undesirable as sources of water supply or recreation; nor shall any substance which will destroy aquatic life be allowed to enter any wells, watercourses or potable water supplies.
C.
Any materials or wastes which might cause fumes or dust or which constitute a fire hazard or which shall be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards.
D.
All existing storage and water disposal facilities that do not conform to this section are hereby declared a public nuisance and shall be brought into conformity with this section within three years of adoption of this chapter.
E.
Any activity involving the use or storage of flammable material shall be controlled by the requirements contained in the applicable National Fire Protection Association Code standards.
§ 212-2103 Visible smoke emissions.
No emission at any point from any chimney or otherwise of visible smoke from commercial and industrial uses in excess of that permitted by the Department of Environmental Protection (DEP) shall be permitted.
§ 212-2104 Air-pollutive emissions.
A.
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals, to vegetation or to property ,or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.
B.
No emission of liquid or solid particles from any chimney or other source shall exceed 0.3 grain per cubic foot of the carrying gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air in the stack at full load.
C.
Air pollution requirements shall meet Allegheny County Health Department rules and regulations.
§ 212-2105 Lighting projecting beyond lot lines.
No use shall produce a strong light or a reflection of a strong light greater than 0.1 footcandle beyond its lot lines or onto any public street. Street lighting beyond 0.1 footcandle is permitted if approved by Borough Council.
§ 212-2106 Noise.
The ambient sound level of any operation (other than the operation of motor vehicles or other transportation facilities, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels listed in Table 21-1.
A.
The sound pressure level or ambient level is the all-encompassing noise associated with a given environment, being a composite of sounds from any source, near and far. For the purpose of this chapter, "ambient noise level" is the average over 15 minutes of the alleged offensive noise, excluding random or intermittent noises. A reading to determine the average ambient noise level shall be conducted a minimum of three times during any fifteen-minute period.
B.
It shall be unlawful for any person to operate any fixed machinery or equipment or similar mechanical device in any manner so as to create any noise which would cause the noise level measured at the property line of the property affected by the noise emission to be beyond permitted levels.
(1)
Noise limits shall not exceed the following:
Table 21-1: Noise Limits | |||
|---|---|---|---|
Zoning District | Time Period | Sound Level (dBa) | |
R-1, R-2, R-3, R-4 and M-1 | 7:00 a.m. to 10:00 p.m. | 60 | |
10:01 p.m. to 6:59 a.m. | 55 | ||
M-2 and M-3 | 7:00 a.m. to 10:00 p.m. | 60 | |
10:01 p.m. to 6:59 a.m. | 55[1] | ||
[1]
Editor's Note: Former Subsection B(2), concerning measurement locations on a boundary between two zoning districts, which immediately followed this table, was repealed 11-20-2013 by Ord. No. 606-2013.
§ 212-2107 Sewage discharges.
No discharge at any point into any private sewage disposal system or stream or into the ground of any materials in such a way or in such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or the accumulation of solid wastes conducive to the breeding of rodents or insects is permitted.
§ 212-2108 Conditions at lot lines.
A.
Fences, walls and electric fences. No walls, fences, signs or other structures shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained or permitted that shall cause damage to traffic on a public street by obscuring the view. The maximum permitted height of a fence in the rear and side yard shall be six feet. Fences in the front yard shall be no higher than four feet and at least fifty-percent open and not of the chain-link or wire type generally used for enclosure or containment. On a corner lot, the side yard abutting the right-of-way shall be considered a front yard for fencing purposes. Along arterial roads, fences may be six feet in height and may be open (anything less than one-hundred-percent screening) or solid.
B.
Higher fences between properties in different zoning districts shall be authorized or required at the time of site plan approval. Higher fences along lot lines adjacent to swimming pools or commercial properties shall be authorized by the Borough Council when necessary for effective buffering. Higher fences around recreational facilities or recreation areas may be required by Council. Electrified fences, fences with barbed wire or razor wire, or barbed- or razor-wire electrified fences are not permitted in any residential district except as shall be authorized by Borough Council. Aboveground electrical fences as authorized by Borough Council are subject to the following conditions:
(1)
Electric fences are permitted on farms only, except as shall be authorized in other areas by Borough Council.
(2)
Warning signs at least three inches by 12 inches shall be placed on the fence every 25 feet and at least three feet from ground level.
(3)
The wire carrying the current shall be placed on the inside fence perimeter.
(4)
Maximum voltage shall not exceed 12 volts.
(5)
Electric fences shall be properly installed with an approved charger.
(6)
The placement of the electrified fence should be carefully considered so that it is further away from bus stops, playgrounds, school yards or any type of pedestrian path or facility subject to heavy pedestrian traffic.
C.
Activity affecting atmosphere at lot lines. No activities producing heat, cold, dampness or significant movement of air are permitted which shall produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.
§ 212-2109 Vibrations.
No use shall cause earth vibrations or concussions in excess of the standards outlined below in Table 21-2, with the exception of that vibration produced as a result of construction activity. Vibration shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.
Table 21-2: Frequency Amplitude Relations | |
|---|---|
Frequency of Ground Motion (cycles per second) | Maximum Amplitude of Ground Motion in Inches, Not More Than: |
Up to 10 | 0.0305 |
20 | 0.0163 |
30 | 0.0102 |
40 | 0.0076 |
50 | 0.0061 |
60 | 0.0051 |
§ 212-2110 Electrical disturbances.
No electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance shall be permitted.
§ 212-2111 Radioactive emissions.
No activity shall emit dangerous radioactivity which exceeds the standards established by the United States Nuclear Regulatory Regulations, Title 10, Code of Federal Regulations, Part 20, Standards for Protection Against Radiation, as may be amended from time to time.