Hazleton City Zoning Code
ARTICLE X
Performance Standards
§ 575-1001 Applicability.
Except when a more restrictive standard is imposed for a particular use under a separate section of this chapter, all principal and accessory uses whether permitted by right, special exception, or conditional use shall comply with the performance standards of this chapter.
§ 575-1002 Application and procedures.
A.
In order to determine whether a proposed use complies with the requirements of this chapter, an applicant must submit a plan of the proposed use and development along with a comprehensive and detailed description of all machinery, equipment, and techniques to be used at the time of filing the zoning permit application. The Zoning Officer may consult with the City Engineer to determine whether the plan is in compliance with this chapter before issuing a zoning permit.
B.
If compliance with a performance standard cannot be determined until the use is in operation, as determined by the Zoning Officer in consultation with the City Engineer, then the Zoning Officer may require the applicant and landowner to provide sworn affidavits that the use, once operational, will comply with the performance standards set forth in this chapter.
C.
Continued compliance with performance standards is required. The Zoning Officer may request that the operator or landowner demonstrate compliance with these performance standards at any time during the permit process and operation of the use.
§ 575-1003 Performance standards.
A.
Fire protection. Fire prevention and firefighting equipment must be preapproved by the City Fire Chief and readily available once the use is commenced when it involves the handling or storage of flammable or explosive materials. Building requirements shall comply with the design and construction regulations for fire prevention as per the Pennsylvania Uniform Construction Code, as amended,[1] and the City Fire Code, as amended.
[1]
Editor's Note: See Ch. 180, Construction Codes.
B.
Radioactivity or electrical disturbance. No use shall be permitted which emits dangerous radioactivity or electrical disturbance that adversely impacts the operation of any equipment or adversely affects any person in the vicinity of such disturbance. In addition, no use shall cause repetitive or continuous electrical disturbance that negatively impacts television, radio, or other equipment in the neighborhood.
C.
Noise.
(1)
No use shall cause noise in excess of the sound levels prescribed below at any point beyond a lot line of the lot upon which the use is to be located. For the purposes of this chapter, the noise level will be measured in decibels (dBA) which indicates the sound pressure level obtained from a frequency weighing network corresponding to the A-scale on a standard sound level meter.
Zoning District | Maximum Sound Level |
|---|---|
Residential Zoning Districts R-1, R-2 and R-3 | Not to exceed a maximum of 60 dBA for more than 1 hour per 24 hours |
Industrial Zoning Districts GI and LI | Not to exceed a maximum of 75 dBA |
All other zoning districts (except for the EOD as that zone has its own sound levels for the uses permitted in that zone) | Not to exceed a maximum of 65 dBA |
(2)
Where two zoning districts in which different noise levels are prescribed share a common boundary line, the most restrictive of the noise level standards shall govern.
(3)
The preceding noise standards shall not apply to the following:
(a)
Noises emanating from construction or maintenance activities between the hours of 7:00 a.m. and 9:00 p.m.
(b)
Noises caused by safety signals, warning devices and other emergency-related activities or uses.
(c)
Transient noises emanating from moving sources, such as trucks, automobiles, airplanes and trains.
D.
Lighting and glare.
(1)
All outdoor lighting shall be directed away from public rights-of-way and adjoining properties so that the lighting does not present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare), and so as not to create a nuisance by projecting or reflecting objectionable light onto neighboring uses or properties (nuisance glare).
(2)
No direct reflected glare, whether from any lighting source or production operation, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.
(3)
An outdoor lighting plan shall be required with a zoning permit application when outdoor lights are proposed or required. If the proposed use is permitted by special exception or conditional use, the applicant shall present the outdoor lighting plan as part of the application for a special exception or conditional use. If the proposed use is as of right but requires subdivision or land development approval, the applicant shall submit the outdoor lighting plan with the subdivision or land development plan for approval as part of the subdivision or land development plan. Outdoor lighting plans shall include, but not be limited to, a detailed grid of illumination levels, a calculation as to the average illumination levels, the number of lighting fixtures, the height and location of the mounting fixtures, including the underside of any canopies, details as to how lighting will be recessed, shielded and tangled, when required, as well as details of any building or canopy-mounted lighting to show compliance with this section.
(4)
In no case shall illumination exceed 0.5 footcandle measured at the lot line and 0.2 footcandle at 10 feet from the lot line onto an adjoining lot. The amount of illumination projected onto a residentially zoned or used lot from another lot shall not exceed 0.2 footcandle at the lot line.
(5)
For the lighting of roadways, pathways and parking areas fixtures shall meet the Illuminating Engineering of North America (IESNA) cutoff criteria (not have more than 2.5% of their light output emitted above 90° at any lateral angle around the fixture). The use of floodlighting, spotlighting, wall-mounted fixtures, decorative globes and other fixtures not meeting IESNA cutoff criteria shall not be permitted. Fixtures shall be equipped with light directing devices such as shields, visors or hoods when necessary to redirect offending light distribution. Lighting standards in public parking areas shall be a minimum of five feet outside the paved area, behind curb stops or on reinforced concrete pedestals at least 30 inches in height above the pavement. Lighting fixtures shall not be mounted in excess of 25 feet above grade. All newly constructed electrical feeds shall be underground.
(6)
No luminaire, spotlight or other light source that is within 200 feet of a lot line of an existing dwelling unit or approved residential lot shall be placed at a height exceeding 20 feet above the average surrounding ground level. This limitation does not apply to lights needed for air safety, lights intended solely to illuminate an architectural feature of a building, or lighting of outdoor public recreation facilities.
(7)
All light sources, including signs, shall be properly diffused as needed with a translucent or similar cover to prevent exposed bulbs from being directly visible from streets, public sidewalks, dwellings or adjacent lots.
(8)
All light sources, including signs, shall be shielded around the light source and carefully directed and placed to prevent the lighting from creating a nuisance to reasonable persons in adjacent dwellings or persons enjoying outdoor passive recreation areas, and to prevent the lighting from shining into the eyes of passing motorists.
(9)
Flashing, flickering or strobe lighting are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.
(10)
Exterior lighting on an institutional, commercial or industrial property shall not cause a spillover of light onto a residential lot that exceeds 0.2 footcandle at the residential property line. Exterior lighting shall not cause a nighttime spillover of light that exceeds five horizontal footcandles onto a street.
(11)
Light fixtures under commercial canopies (such as over gasoline pumps) shall be placed so that the cover is recessed or flush with the bottom surface of the canopy shielded by the edge of the canopy so that light is restrained to no more than 85° from vertical.
E.
Vibration. Any use or portion thereof creating intense or earthshaking vibrations shall be set back from the lot lines on all sides to a distance which will ensure that in no case shall any such vibration create a nuisance or hazard beyond such lot lines. Vibrations detectable without instruments on neighboring property shall be prohibited.
F.
Smoke. The maximum amount of smoke emission permissible shall be determined by use of the Standard Ringelmann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed. This section does not apply to starting fires and breakdown of equipment.
G.
Odor. No use shall emit odorous matter in such quantities as to be readily detectable at any point along or behind the boundaries of the lot where it is located. Malodorous gas or matter shall not be permitted to be emitted which is so objectionable as to damage property interest on any neighboring lot.
H.
Solid waste disposal.
(1)
No person or use shall dispose any solid waste matter or fill within the City. Commercial and industrial disposal shall be disposed of in a manner approved by the Pennsylvania Department of Environmental Protection.
(2)
Restaurants and other food establishments must store and dispose of grease, lard and excess meat products (renderings) in closed containers.
(3)
Vehicles transporting solid waste shall be covered at all times during transit.
(4)
No person shall empty any waste or water into the public sewer system that contains fat, oil or grease unless otherwise permitted by the Greater Hazleton Joint Sewer Authority.
I.
Air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which may cause any damage to the health of persons, animals, vegetation, or other property, or which may cause any excessive soiling.
J.
Hazardous waste. No liquid or solid waste known to be or determined to be hazardous by the Pennsylvania Department of Environmental Protection or other appropriate state or federal agencies shall be dumped, buried or otherwise dispersed within the City.
K.
Liquid waste or sewage. No discharge shall be permitted into a reservoir, sewage or storm disposal system, stream, open body of water or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements. Such objectionable contaminants or emissions must be treated so that insoluble substances (oils, grease, acids, alkalis or other chemicals) are in accordance with the standards as approved by the Pennsylvania Department of Environmental Protection and the regulations of the City.
L.
Erosion. No erosion by wind or water shall be permitted which will carry or deposit objectionable substances onto neighboring properties. Provisions required by the Luzerne Conservation District shall be applicable to all development or redevelopment.
M.
Screens, buffers and landscaping.
(1)
All nonresidential uses or structures that adjoin a residential zoning district or residential dwelling unit shall provide the following on the nonresidential lot:
(a)
A visually solid, tight fence not less than six feet in height screened to prevent the view from the residential use and zone; or
(b)
A natural wooded buffer or planting strip along the nonresidential use or zone that is six feet in height and five feet in width when planted so as to shield the residential use and zone from the proposed nonresidential use. The buffer or planting strip shall provide a substantial visual barrier. A planting and landscape plan must be submitted and approved by the Zoning Officer (for a permitted use), Planning Commission (for a subdivision or land development), the governing body (for a conditional use) or the Zoning Hearing Board (for a special exception or variance) depending on the use. It is the responsibility of the landowner to maintain the buffer or planting strip in perpetuity. The wooded buffer or planting strip must remain undisturbed and free from the accumulation and disposition of garbage, refuse, junk and other debris. The planting or maintaining of invasive plant species of Pennsylvania or noxious weeds are strictly prohibited as part of the buffer or planting strip. Every landowner shall destroy noxious weeds growing on that lot, and cut and maintain grass and other vegetation on that lot in accordance with the version of the International Property Maintenance Code adopted by the City.[2]
[2]
Editor's Note: See Ch. 350, Property Maintenance.
(2)
In the case of a land development, conditional use, special exception or use variance, the approving body may require a fence and wooded buffer or planting strip under Subsection M(1)(a) and (b) above depending on the type of use.
N.
Earthmoving activities.
(1)
Topsoil or sod may be removed from a lot, provided that it is done as part of normal lawn preparation and maintenance, or incidental to construction or alteration of a building, street, or driveway.
(2)
The removal of clay, sand, gravel, rock or other minerals shall be permitted only when it is being done in connection with the construction of a building, street, or driveway. A surface of a lot shall not be graded to a level below that of adjoining streets. Excavation shall not leave loose rocks or boulders to be exposed.
(3)
No grading or excavation shall result in a slope steeper than two to one within 20 feet of any lot line except for the construction of a retaining wall, provided that the retaining wall is constructed in accordance with the other provisions of this chapter and the applicable building code.
(4)
All new grading and excavation must be done with stormwater management controls under Chapter 424, Stormwater Management, the Luzerne Conservation District regulations, and Pennsylvania Department of Environmental Protection Erosion and Sediment Control Manual, as amended.
(5)
Except for stormwater management controls, the other parts of this section shall not apply to permitted mineral extraction.
O.
Nuisances prohibited for all uses.
(1)
No lot in any zoning district or overlay district shall be used in such a manner as to create any dangerous, injurious, noxious, or otherwise harmful condition, or in any manner that adversely impacts the public health, welfare and safety.
(2)
No person shall use or allow to be used any land, structure or building in such a manner that results or threatens to result in any of the following conditions:
(a)
Transmission of communicable disease, including conditions that may encourage the breeding of insects or rodents.
(b)
A physical hazard to the public, or a physical hazard that could be an attractive nuisance that would be accessible by children.
(c)
Pollution to ground waters or surface waters, other than as authorized by a state or federal permit.
(d)
Risks to public health and safety, including explosion, fire or biological hazards.
(e)
Interference with the reasonable use and enjoyment of property by a person of ordinary sensitivities.
