Wyalusing City Zoning Code
ARTICLE VI
Performance Standards
§ 500-600 Performance standards.
The intent of this article is to regulate the development and operation and all development within the Wyalusing Borough and to protect the environment and the health, safety and general welfare. No use, land or structure in any district shall involve any element or cause any condition that may be dangerous, injurious or noxious, or cause offensive odor, smoke, dust, dirt, noise, vibration, glare, excessive traffic, attract vermin, rodents or harbor destructive insects, constitute a nuisance or be a detriment to the health, safety and general welfare of the community or to any other person or property in the Borough. However, any use may be undertaken and maintained if it conforms to all applicable requirements of this chapter, including the standards within this article that are intended to limit nuisance elements. The following performance standards shall apply to all existing, proposed, new or expanded uses.
A.
Vibration. No vibration shall be permitted which is detectable without instruments at or beyond the property or lot line; and no use shall generate any vibration, which is capable of causing damage to buildings, structures, equipment alignment or structural soundness. This requirement shall not apply to occasional blasting conducted in accordance with applicable regulations that may be necessary during construction of streets, structures and utilities;
B.
Odors and other forms of air pollution. The discharge of smoke, fumes, gas, dust, odor or other atmospheric pollutant not in compliance with "Rules and Regulations" of the Pennsylvania Department of Environmental Protection requirements beyond the boundaries of the lot whereon such use is located shall not be permitted. The above requirements shall not apply to odors created normally coincident with permitted lands uses, so long as the odor characteristics are nonoffensive as judged by the Wyalusing Borough Zoning Officer based on the odor, strength, characteristics, and duration;
C.
Fire and explosives protection. All activities involving any manufacturing, production, storage, transfer or disposal of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire-suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. The relevant provisions of federal, state and local laws and regulations shall also apply. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the developer for review and recommendation by the Wyalusing Volunteer Fire Department. In the case of special exceptions, larger setbacks, additional buffer areas or fencing may be required if the nature of the proposed use determined by the Borough Zoning Officer so requires;
D.
Lighting and glare. Lighting shall be controlled in both height and intensity to maintain community character, as lighting design shall be an inherent part of the project design. The applicant shall provide specifications of the proposed lighting and its arrangement on the site.
(1)
Exemption. This section shall not apply to streetlighting that is owned, financed or maintained by Wyalusing Borough or the Commonwealth of Pennsylvania;
(2)
Areas to be lighted. All accessways, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted for safety purposes. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and directional signage;
(3)
Shielding. No light source shall be exposed to the eye except those covered by globes or diffusers so that the lights are fully shielded to protect the light below the horizontal plane of the lowest point of the fixture. Other lighting shall be indirect or surrounded by a shade to hide visibility of the light source;
(4)
Glare. No direct or sky-reflected glare, whether from overhead lighting, floodlights or from high-temperature processes such as combustion or welding or otherwise shall be permitted so as to be visible at the property or lot line;
(5)
Nuisances. The intensity, height and shielding of lighting shall provide for adequate and proper safety, and shall not be a nuisance or hazard to drivers and residents within Wyalusing Borough;
(6)
Height. The maximum height of light standards shall not exceed the maximum building height of the district but in no case greater than 40 feet. This limitation shall not apply to lights needed for air safety nor lights intended solely to illuminate an architectural feature of a building;
(7)
Type. The use of mercury vapor lighting shall be prohibited; and
(8)
Flashing. Flashing, flickering or strobe lights are prohibited, except for nonadvertising seasonal lights between October 25 and January 10.
E.
Discharge.
(1)
Discharge of any effluent whatsoever into the Wyalusing Borough Municipal Authority sewerage system shall be prohibited except only in accordance the rules of, and under the control of, public health authorities or the Wyalusing Municipal Authority. Any chemical or industrial waste which places undue loads, as determined by the Authority Engineer, shall not be discharged into the municipal system and must be treated by the industrial use; and
(2)
No liquid, solid, toxic or hazardous waste shall be stored or disposed in any Business zone, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers. In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground except as approved by the Pennsylvania Department of Environmental Protection.
F.
Radioactivity or electrical disturbances. No activity shall be permitted which emits dangerous radioactivity, electrical disturbance or electromagnetic radiation adversely affecting the operation of any person or any equipment other than that of the creator of such disturbance. All applicable state and federal regulations shall apply;
G.
Noise. Noise, which is determined to be objectionable due to volume, frequency or beat, shall be muffled or otherwise controlled, with the exception of fire sirens and related apparatus used solely for public purposes. Noise in excess of 85 decibels, as measured on a decibel or sound level meter of standard quality and design operated on the A-weighted scale at a distance of 25 feet from any property or lot line of the property from which the noise source is located, shall not be permitted:
NOTE: By comparison, a whisper is 30 decibels; a normal conversation is 60 decibels and heavy city traffic is 85 decibels. An increase of 10 means that a sound is 10 times more intense, or powerful. "How Loud Is Too Loud? How Long Is Too Long?" - National Institute on Deafness and Other Communication Disorders (NIDCD)
H.
Smoke. The maximum amount of smoke emission permitted shall be determined by the use of the Standard Ringelmann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 shall be permitted;
I.
Erosion. All earthmoving activities, regardless of the extent of disturbance, shall be conducted in such a way as to minimize erosion and resulting sedimentation. Any person, landowner, business or corporation involved in earthmoving activities shall develop, implement and maintain erosion and sediment control measures. At a minimum, the person, landowner, business or corporation shall meet the standards of the Bradford County Conservation District and Chapter 102 of Title 25, Pa. Code, Rules and Regulations of the Pennsylvania Department of Environmental Protection, as amended. A complete explanation is available in Department of Environmental Protection's publication "Erosion and Sediment Pollution Control Program Manual," which is available through the Conservation District Office; and
J.
Maintenance of yards and adjacent undeveloped property. The owner or lessee of the property, whether occupied or vacant, located within or adjacent to any developed area shall maintain such premises so that:
(1)
All portions of the property shall be kept free of junk, debris, disabled or unregistered motor vehicles, unless confined in a building or partially enclosed carport, and dangerous, or noxious material; and
(2)
All plantings, grass, shrubbery and trees shall be maintained in a healthy condition, and trimmed at appropriate intervals, as needed.
§ 500-601 Height regulations.
A.
Unless otherwise provided, the height of the building may be erected to a height not exceeding 35 feet if the building is set back from each yard line at least two feet for each additional one foot of building height above the height limit otherwise provided in the district in which the building is located;
B.
For all residential uses, accessory buildings shall not exceed 35 feet in height;
C.
Height regulations shall not apply to spires, belfries, flagpoles, cupolas, or domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, utility poles or towers, solar collectors, and ornamental or necessary appurtenances; and
D.
Agricultural-related uses including barns, silos, etc. are exempt from height regulations.
§ 500-602 Buffer yards and screen plantings.
A.
Buffer yards.
(1)
Unless otherwise provided, where a business or manufacturing use adjoins a Residential District, a buffer yard of not less than 15 feet in width shall be provided along the lot lines in addition to the yard required for the district in which it is located;
(2)
If a front yard is provided, the buffer yard may coincide with the front yard;
(3)
All buffer yard areas shall be planted and maintained with a vegetative material, and where required for business and manufacturing uses, a screen planting shall be planted and maintained to the full length of side and rear lot lines which do not abut streets;
(4)
Buffer yards shall be maintained and kept free of all debris and rubbish;
(5)
No structure, manufacturing or processing activity, or storage of materials shall be permitted in buffer yards;
(6)
No parking shall be permitted in buffer yards; and
(7)
Prior to the issuance of a building permit, plans for buffer yards shall be submitted for review and approval to the Borough Zoning Officer. Said plans shall show the arrangements of all of the buffer yards and the placement, species, and size of all plant materials to be placed in such buffer yard. Said plan must be reviewed by the Borough Planning Commission and approved by the Borough Zoning Officer before a building permit may be issued.
B.
Screen plantings. Where required, screen plantings shall be located in the exterior portion of the required buffer yards and shall be in accordance with the following requirements:
(1)
Plant materials used in screen planting shall be at least six feet in height when planted, and be of suitable vegetation in order to produce, within three years, a complete year-round visual screen of at least six feet in height and within 15 feet of the property or lot line;
(2)
The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year;
(3)
The screen planting shall be so placed that at maturity it will be not closer than three feet from any ultimate right-of-way or property or lot line;
(4)
A clear sight triangle shall be maintained at all street intersections and at all points where vehicular access ways intersect public streets. The clear sight triangle shall have no structures or planting more than 30 inches in height;
(5)
The screen planting shall be broken only at points of vehicular or pedestrian access;
(6)
Wherever possible, natural vegetation shall be maintained as the required screening material. Natural earth berming of at least six feet in height may be included as part of the screening requirement;
(7)
Screen plantings shall be provided between the property or lot line and any off-street parking area and any outdoor solid waste storage area for any multifamily, townhouse, business or manufacturing use where the parking or solid waste disposal area abuts a Residential Zoning District or a lot occupied by residential use; and
(8)
Any existing business or industrial use shall not be required to comply with the screening requirements except in case of enlargement or exterior alteration of same.
§ 500-603 Projections in yards.
Solar collectors, flag poles, unenclosed ground-story terraces, decks, patios and porches may project into any required yard not more than 1/2 its required dimension and not more than 10 feet into any required setback. Chimneys, flues, columns, sills and ornamental architectural features may project not more than two feet into a required setback.
§ 500-604 Obstruction to vision.
Walls, fences, signs or other structures shall not be erected or altered, and hedges, trees or other growth shall not be planted or maintained, which may cause danger to traffic on a street or road by obstructing the view except for utility poles and street signs.
§ 500-605 Fences and walls.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The development and placement of fences and walls shall comply with the following:
A.
Fences and walls may be erected, altered and maintained within the yards, excluding required buffer yards, provided that any such fence or wall in the front yard shall not exceed 3 1/2 feet in height; and any fence or wall on the side or rear yard may be a maximum of six feet in height. Any fence or wall exceeding six feet in height shall contain openings therein equal to 50% of the area of that portion of the wall or fence exceeding six feet.
B.
All yards used for the storage of any material needed for the operation or conduct of a manufacturing or commercial enterprise shall be enclosed by a solid wall, uniformly painted board fence, or chain-link fence in conjunction with a screen planting on all sides which face upon a street or face upon a lot in any district other than the Industrial District.
§ 500-606 Space regulations.
No yard or other space provided about any building or structure for the purpose of complying with this chapter shall be considered as a yard or other open space for another building or structure.
§ 500-607 Courts.
Courts shall conform to the following requirements:
A.
An open space in the form of an inner court or outer court shall be provided in connection with any building in any district wherever any room therein in which a person or persons live, work, sleep or congregate cannot be adequately lighted and ventilated from the street or yard. Such court shall be adjacent to such room, the windows of which shall open onto such court. This provision shall not apply to specialized business and/or manufacturing processes where controlled light and/or ventilation are required;
B.
Outer court.
(1)
The width of any outer court upon which windows open from a living room, bedroom or dining room shall be not less than the height of any wall opposite such windows. However, when the depth of such court is less than six feet, the minimum width shall be twice the depth; and
(2)
The depth of the outer court formed by walls on three sides shall be no greater than 1 1/2 times the width.
C.
Inner court.
(1)
The least dimension of an inner court shall be not less than the full height of the walls enclosing such court, but not less than 50 feet for apartment buildings and not less than 10 feet for two-family dwellings; and
(2)
An open and unobstructed passageway shall be provided for each inner court. Such passageway shall have sufficient cross-section area and headroom for the passage of firefighting equipment and shall be continuous from the inner court to a yard or an unobstructed open area with adequate access to a street.