Washington City Zoning Code
ARTICLE VII
Performance Standards
§ 350-41 Purpose.
A.
Any use established after the effective date of this chapter shall be so operated as to meet the performance standards established hereinafter. Any use already established on the effective date of this chapter shall be permitted to continue, provided that no alteration, expansion, enlargement or modification shall be permitted which does not meet the performance standards herein or which effectively increases the degree of nonconformity which existed prior to any alteration, expansion, enlargement or modification.
B.
Points of measurement to determine compliance with the performance standards shall be the property line nearest the source which is the subject of measurement unless otherwise specified in this section.
§ 350-42 Noise and vibration.
A.
At no point on a property line within the boundaries of a residential district shall the sound pressure level of any operation exceed the decibel levels in the designated octave bands shown below:
Frequency Band (cycles per second) | Maximum Permitted Sound-Pressure Level (decibels) |
|---|---|
0 to 75 | 75 |
75 to 150 | 67 |
150 to 300 | 59 |
300 to 600 | 52 |
600 to 1,200 | 46 |
1,200 to 2,400 | 40 |
2,400 to 4,800 | 34 |
Above 4,800 | 32 |
B.
If the noise is not smooth and continuous or is radiated during sleeping hours, one or more of the corrections below shall be added to or subtracted from each of the decibel levels given above.
Type of Operation or Character of Noise | Corrections in Decibels |
|---|---|
Noise occurs between the hours of 10:00 p.m. and 7:00 a.m. | -3 |
Noise occurs less than 5% of any one-hour period | +5 |
Noise is of periodic character (hum, scream, etc.) or is of impulsive character (hammering, etc.). (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above) | -5 |
C.
These limitations shall not apply to the operations of motor vehicles or other transportation facilities, emergency alarms or signals, parades, properly licensed public address systems, religious or social activities, or other operations of a temporary duration, but shall be interpreted to limit and control noise originating from uses of a permanent and lasting character which can be heard and measured above the ambient noise of the community.
D.
Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section, except that such activity that occurs on Sundays shall be exempt from the requirements of this section from 9:00 a.m. to 7:00 p.m.
E.
No noise from recordings, loudspeakers or public address systems shall be allowed which interferes with the reasonable enjoyment of adjacent residential properties.
F.
No use in any permissible mixed-use or nonresidential zone may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupies by the enterprise generating the vibration if the enterprise is one of several located on a lot, or the lot line if the enterprise is one of several located on a lot, or the lot if the enterprise generating the vibration is the only enterprise located on a lot.
§ 350-43 Air pollution.
Any use that emits any air contaminant, as defined in state air pollution law(s), shall comply with applicable state standards concerning air pollution.
§ 350-44 Central air-conditioning units.
Central air-conditioning units shall be located to the rear or top of all structures and in no case shall be located closer than 15 feet from any property line.
§ 350-45 Disposal of liquid wastes.
A.
No use in any zone may discharge any waste contrary to the provisions of the state law governing discharges of radiological, chemical or biological wastes into surface or subsurface waters.
B.
No use in any zone may discharge into the sanitary sewage treatment facilities any waste that cannot be adequately treated by biological means.
§ 350-46 External fuel-burning devices.
A.
Prohibition. The erection, installation, and placement of an external fuel-burning device within the Borough is prohibited.
B.
Retroactivity. This subsection shall not be considered to be retroactive and shall not require the removal of an external fuel-burning device in existence within the Borough prior to July 16, 2007.
C.
Regulation of devices already in existence. All external fuel-burning devices in existence at the effective date of this subsection shall have or must erect a flue or chimney that, as extended, exceeds the height of the roof peaks of residences located within 500 feet of the device, provided:
(1)
That the height of the chimney, as it exists or as extended, shall not exceed 35 feet;
(2)
Any wood-burning device shall use only wood that has not been chemically treated; and
(3)
Extension of the flue or chimney shall require issuance of a building permit, which shall be issued upon submission, in addition to other documents required by the issuing authority, of documentation by a licensed surveyor or professional engineer certifying the location of the device, distance to residences, and comparative heights of the flue or chimney and residential rooflines.
§ 350-47 Fire and explosive hazards.
All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazards of fire and explosion and adequate firefighting and fire suppression equipment and devices as detailed and specified by state laws.
§ 350-48 Lighting and glare.
A.
Any operation or activity producing intense glare shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of 1/2 of one footcandle above background when measured at any residence district boundary line. Flickering or intense sources of light shall be so controlled as not to cause a nuisance across any lot lines.
B.
No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light beyond its lot lines. In general, lighting fixtures that shield the reflector or lens or any high brightness surface from viewing angles above 60° from horizontal shall be utilized.
C.
All outside lighting, including sign lighting, shall be directed in such a way as not to create a nuisance to any adjacent use and roadway. All luminaries and fixtures shall be equipped with a glare shielding device, cutoff downward cast in the case of freestanding area lighting, approved by the Municipal Engineer. The height of all luminaries must also be approved by the Municipal Engineer. Intensity of outdoor lighting shall be limited within usable areas of a site (i.e., parking, walkways, etc.) to an average intensity at the ground of 25 footcandles with a maximum intensity at any given point on the ground of 80 footcandles, unless otherwise approved by Council.
D.
The height of a luminary shall be limited as follows:
(1)
In any residential district, the maximum height permitted shall be 20 feet.
(2)
In any other district, the maximum height shall be 25 feet, except where otherwise specified.
(4)
Council may further limit the height of luminaries when it is determined that proposed lighting may have a detrimental impact upon nearby properties.
§ 350-49 Odor.
Odors created by any manufacturing or processing operation shall not be discernible beyond the property carrying on a manufacturing or processing operation producing an odor.
§ 350-50 Outdoor storage.
For all uses, the following regulations shall apply:
A.
No flammable or explosive liquids, solids or gases shall be stored in bulk above the ground; provided, however, that tanks or drums of fuel directly connecting energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel shall be exempt from this provision, after review and approval of location, size and contents by established fire authorities.
B.
No caustic materials or hazardous waste in any form shall be deposited upon a lot in such a manner that they may be transferred below the surface of the lot by natural causes or forces.
C.
There shall be no outdoor storage or accumulation for a period in excess of seven days of any waste materials, materials which produce fumes detectable at the lot line, inflammable material, edible material, material which would be a harborage or breeding place for rodents or insects or abandoned, wrecked or junked vehicles.
E.
Portable storage units.
(1)
The placement of portable storage units on public streets, alleys, or rights-of-way requires a permit from the Code Enforcement Officer.
(2)
The placement of portable storage units on private property shall not require a permit.
(3)
The portable storage unit must have reflective cones placed at each corner. Reflective material may also be placed at both ends.
(4)
All state motor vehicle statutes and regulations governing parking of a motor vehicle on a public street must be obeyed. At a minimum, placement of portable storage units shall be no closer than 15 feet from a fire hydrant, 20 feet from an unregulated intersection, 30 feet from a stop sign, flashing light, red traffic signal or yield sign, 15 feet from a driveway and no further than six inches from a curb.
§ 350-51 Radioactive or electrical disturbances.
A.
No activities shall be permitted which emit dangerous radioactivity.
B.
No use in any zone shall create any electrical disturbance that adversely affects the operation at any point of any equipment other than that of the creator of the disturbance or otherwise cause, create or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.
§ 350-52 Stripping of topsoil; excavation of clay, sand, gravel or rock.
The following shall apply in all districts. Topsoil or sod may be removed only under the following conditions:
§ 350-53 Temporary structures.
Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for other temporary structures may be issues for six-month periods, but such permits shall not be renewed except as a special exception when approved by the Board.
§ 350-54 Visibility at intersections.
A clear sight triangle shall be maintained at all intersections and points of entry on a public road so that, measured along the center line, there shall be a clear view of 75 feet minimum from the point of intersection of the center lines. No obstruction shall be permitted in this area above the height of 2 1/2 feet and/or below 10 feet.
§ 350-55 Bridging of public rights-of-way.
A.
The proposed bridging of any public right-of-way shall constitute a land development. Whenever the bridging of any public right-of-way is proposed and before any permit for the erection of such a structure shall be granted, the owner or his authorized agent, shall apply for and secure approval of a special encroachment permit in accordance with the following procedures:
(1)
The applicant shall pay an appropriate fee as fixed from time to time by separate resolution of the City Council for the following services:
(a)
Reviewing the applications, permits and engineering details.
(b)
Inspecting the layouts of the site for conformance to the survey and plan.
(c)
Preparing cost estimates of improvements.
(d)
Inspecting improvements during construction.
(e)
Final inspection on completion of installation of the structure and any interim inspections as deemed necessary by the Engineer.
(2)
The applicant shall, by filing of the request for special encroachment permit, be then obligated to pay the fees herein provided. The fee required to be paid by this section shall be promptly submitted to the City by the applicant upon submission of bills therefor to the applicant from time to time by the City of Washington.
(3)
The application shall be accompanied by the requisite fee or fees as set forth herein or as adopted by the City as aforesaid along with at least nine prints of the proposed development. The City will thereafter forward to the City Engineer, the Planning Commission and the Building Inspector/Zoning Officer, as well as members of Council, a copy of said plan. The City shall forward one copy of said plan to the Washington County Planning Commission and such other agencies as deemed appropriate for review and comment. Applicant is solely responsible for gaining approval, if necessary, from appropriate federal, state and local agencies.
(4)
The City may submit the application for special encroachment permit to the Planning Commission and allow the Planning Commission 30 days for review and comment.
(5)
Thereafter, the City shall give public notice and hold a public hearing, at which time all parties in interest shall have an opportunity to be heard as it relates to the requested special encroachment permit.
(7)
All plans shall be reviewed by the City Engineer, and review shall be made within 14 days of the receipt of the proposed plan by the City Engineer and the Engineer's findings shall be transmitted, in writing, to City Council and the City of Washington Planning Commission.
(8)
The City Council for the City of Washington shall act on the requested permit within 90 days of the official filing date. Failure to do so shall be deemed an approval. City Council may attach such conditions or specifications to the approval as it deems necessary to effectuate the purposes of this chapter and/or as recommended by the Engineer.
(9)
City Council shall notify the applicant of its decision to approve, approve with conditions or disapprove the permit in writing. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the last hearing on the request. If the plan is approved with conditions or disapproved, the City Council shall specify in their notice the conditions which must be met and/or defects found in the application/plans and requirements which have not been met, if any, including recommendations by the City Engineer.
(10)
Prior to obtaining a building permit for the requested development, the applicant must submit a performance guarantee for the construction and completion of the development as determined reasonably necessary by the City Council.
B.
In considering the approval, approval with conditions or disapproval of the application for special encroachment permit, the City Council shall include, but not be limited to, the following matters:
(1)
The effect of the proposed change upon the general historic or architectural nature of the zoning district wherein the proposed structure is to be located. The appropriateness of the exterior architectural features which can be seen from any public street or right-of-way and/or the general design and arrangement of the requested structure as it relates to generally accepted engineering principals. In this regard, the Engineer for the City of Washington shall set forth in its review counts as to the structural integrity of the proposed structure should it be built in conformance with the proposed plans. Should the Engineer determine any changes or alterations in the construction of the subject structure, the City Council shall include said conditions in their approval or may deny said application based upon said requirements as deemed necessary by the Engineer for the City of Washington.
(2)
The structure bridging the public right-of-way may be deemed a separate structure by the City of Washington as it relates to building code enforcement. The City Code Enforcement Officer shall have the right to inspect the structure bridging the public right-of-way and to take all necessary action as allowed by City of Washington ordinances, Municipalities Planning Code[2] and any laws, rules or regulations affecting the same to provide for the repair, replacement or demolition of said structure.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
The applicant for a special encroachment permit shall own the parcels of property separated by the public right-of-way upon which the bridge structure is to emanate, in fee simple absolute. Furthermore, upon granting of the special encroachment permit, said property shall not thereafter be sold in part as it affects that part of property adjoining the public right-of-way upon which the bridge structure emanates, said sale or other use of the property which would convey any interest in part constituting an illegal subdivision, unless otherwise determined by the City of Washington Planning Commission and City Council for the City of Washington.
C.
Conflict with public and private provisions.
(1)
Public provisions. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of the City of Washington Code of Ordinances, or any other rules or regulations or other provisions of law, whichever provisions are more restrictive and impose higher standards, shall control.
(2)
Private provisions. This chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this chapter are more restrictive or impose higher standards of regulation, then the requirements of this chapter shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of this chapter or the determination of the City Council for the City of Washington in approving such development or enforcing this chapter, and such private provisions are not inconsistent with this chapter or determination thereunder and such private provisions shall be operative and supplemental to the provisions and determinations made under this chapter.