Lower Burrell City Zoning Code
ARTICLE IX
Performance Standards
§ 300-73 Compliance required.
All land, buildings and uses thereof in the City shall be subject to the exceptions and requirements specified in this article.
§ 300-74 Plans; descriptions; consultants.
All permitted uses and special exceptions shall comply with the requirements of this article. In order to determine whether a proposed use will conform to the requirements of this chapter, the Zoning Hearing Board may require a plan of the proposed construction or development, and description of machinery or techniques to be used during operation of the proposed use. The Board may also obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant.
§ 300-75 Fire protection.
Fire prevention and fighting equipment acceptable to the National Fire Protection Association shall be readily available when any activity involves the handling or storage of flammable or explosive materials.
A.
All industrial uses shall be carried on only in buildings classified as fire-resistant by the Building Code of the City,[1] and shall be carried on in such a manner as to conform fully to the standards herein, and with such precautions against fire and explosion hazards as to produce no exposure hazard to a use on an adjacent property, either at present or in the future.
B.
The storage, utilization or manufacture of materials or products, ranging from free to active burning as determined by the State Fire Marshal, is permitted subject to compliance with all other performance standards and provided the following conditions are met:[2]
(1)
Such materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls.
(2)
All such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the Westmoreland County Fire Marshal.
C.
Any commercial or industrial activity not covered by local, county or state codes shall be covered by safety standards established for particular products and materials by commercial and industrial codes, regulations and laws; including the requirement to install approved and recommended smoke detectors. All activity shall be carried on only in buildings classified as acceptable by the National Fire Protection Association. All new structures shall be constructed according to the fire protection provisions of the Pennsylvania Department of Labor and Industry for those types of buildings requiring their review and approval.[3]
§ 300-76 Noise.
A.
Protection against the effects of noise exposure shall be provided by all commercial and industrial users within the City. This does not pertain to normal truck and vehicular noises. Noise, as a consequence of regular activities, emitted from commercial or industrial operations inside or outside a building shall not exceed the acceptable maximum sound pressure level for residential areas measured with a sound level meter from the closest residence, and conforming to standards prescribed by the American National Standards Institute.
B.
Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled. Fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. Noise shall not be such as to create a nuisance or hazard. Testing of noise levels, if required, shall be by City Engineer.
§ 300-77 Air pollution. [1]
No pollution of air by fly-ash, dust, vapors or other substance shall be permitted which is harmful to human health, animals, vegetation or to other property. Air pollution shall also be subject to the standards established by the Pennsylvania Department of Environmental Protection.
A.
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. Exception to this may occur when starting fires or there is a temporary breakdown of equipment.
B.
Dust. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means.
C.
Fumes; gases. No use shall emit, for any period of time, across the boundaries of the lot wherein it is located, noxious, toxic or corrosive matter, fumes or gases in such concentration as to be detrimental or to endanger the public health, safety or welfare or cause injury or damage to property or business.
D.
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 wherein it is located.
(1)
In any district, malodorous gas or matter shall not be permitted to be emitted which is so objectionable as to damage property interest on any neighboring lot.
(2)
Uses in the M-2 General Industrial District shall be permitted to emit odorous gas or matter, provided it does not endanger lives or property within the M-2 District, and provided that it is not so objectionable as to damage property interests on any neighboring lot.
§ 300-78 Water pollution.
Water pollution shall not be permitted; liquid waste storage and disposal shall be subject to the standards established by the commonwealth.
A.
Liquid waste storage. The storage of liquid wastes shall be subject to the requirements of the State Fire Marshal, the laws of the commonwealth, this chapter and other City ordinances. In addition to the foregoing requirements, the storage of petroleum by-products shall be permitted in such quantities as may be authorized by proper authority and by application to the Zoning Hearing Board. (See § 300-78.)[1]
B.
Waste disposal. No use or person shall discharge any waste matter, whether liquid or solid, into the waters of the commonwealth, including both natural or artificial surface and underground waters, or discharge into any private septic system or the public sewers of the City without written approval of the commonwealth.
§ 300-79 Solid waste disposal. [1]
No person or use shall dispose any solid waste matter or fill within the City without first securing written approval (permit) from the Board. (See § 300-173.) Commercial and industrial disposal shall also have approval from the commonwealth.
A.
The disposal of any waste material from any commercial industrial, mining or construction operation shall be permitted, subject to the following:
(1)
That materials be dumped or disposed in a scrap yard registered with the Zoning Officer.
(2)
That such materials so dumped or disposed shall be graded to a uniform slope not to exceed 60% above a horizontal plane measured from any point on the toe of the slope of the material disposed; and
(3)
That as the grading of materials so dumped or disposed is completed, such materials shall be planted with grass, shrubs, trees or some other suitable vegetation.
B.
Restaurants, meat markets and other food establishments will store and dispose of grease, lard and excess meat products (renderings) in closed containers. Vehicles transporting the above shall be covered at all times during transit. Haulers of the same shall keep all public rights-of-way free from any such products and odors from the same.
C.
Scrap yards shall be located in M-2 Districts and be over 75 feet from land zoned as an R District and shall have an approved solid fence, wall or landscaping to screen the exterior operations from any adjoining R District land, either immediately abutting or across a public street or alley.
D.
No resident, owner or tenant, institution, commercial or industrial establishment shall empty any waste or water into the public sewer system which may contain fat, oil or grease containing more than 100 parts/million by weight of such substances. See the provisions and additions of Chapter 238, Sewers.
§ 300-80 Heat.
No use shall carry on the operation that would produce heat perceptible from any property line of the lot on which the operation is located.
§ 300-81 Glare.
Uses, signs or lighting devices which produce either continuous or intermittent objectionable direct or reflected glare on adjoining properties or public thoroughfares shall not be permitted.
§ 300-82 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 insure that in no case shall any such vibration create a nuisance or hazard beyond such lot lines.
A.
Vibrations detectable without instruments on neighboring property in any zoning district, except the heavy industrial M-2 District, shall be prohibited.
§ 300-83 Research laboratories.
Research laboratories shall not include the production or manufacture of goods or materials for sale, and the laboratory areas shall be completely sealed and air-conditioned to prevent the direct emission of smoke, fumes or radiation to the outside.
§ 300-84 Animal care.
Animal hospitals shall be totally enclosed in a sealed, air-conditioned structure at least 100 feet from the nearest dwelling when located in a C-2 and C-3 District.
§ 300-85 General and heavy manufacturing.
A.
General and heavy manufacturing shall be located where vibration or noise will not be objectionable to industries or other permitted uses already established within 400 feet of the manufacturing use lot line. (See § 300-82.)
B.
General and heavy manufacturing shall be located where the emission of gases, fumes, smoke, odor or dust will not be objectionable to adjacent and established permitted uses or is controlled by the installation of special equipment.
C.
General and heavy manufacturing shall be located where the prevention of the overcrowding of land, blight, danger and congestion in travel, loss of health, life or property from fire, flood, panic or other dangers can be maintained. Manufacturing shall be located in accordance with an overall program and with consideration for the character of the City and the suitability of the various parts for particular uses and structures.
D.
The following uses may be prohibited by the Planning Commission and the Zoning Hearing Board in order to achieve the performance standards herein:
§ 300-86 Consideration of other unobjectionable uses.
A.
Any use not otherwise specified and not similar to a permitted use which is not objectionable to immediate neighbors because noise, heat, glare, erosion, water pollution, electrical disturbance, radiation, vibration or emission of noxious gases, fumes, dust or toxic waste shall be referred to the Zoning Hearing Board for interpretation, and, if approved, added by amendment and approval as provided in Article XXIV.
B.
Unobjectionable uses similar to permitted uses in all zoning districts but not otherwise specified shall be referred to the Board for interpretation and approval.
§ 300-87 Razing and removal.
The elimination of an existing structure or use shall not cause traffic obstructions and shall comply with the performance standards in this chapter. Demolition shall commence within four weeks and be completed within two months after notice is given to the Zoning Officer of the demolition.[1]