Permitted and special uses enumerated in the
C and M Districts, and uses accessory thereto, are subject to the
following performance standards and procedures. If the Zoning Officer
or the Zoning Hearing Board has reasonable grounds for believing that
any other use will violate these performance standards, such existing
and proposed use shall also be subject to these performance standards.
A.
Prior to construction and operation. Any application
for a building permit for a use, which shall be subject to performance
standards, shall be accompanied by a sworn statement by the owner
of subject property that said use will be operated in accordance with
the performance standards set forth herein.
B.
Continued compliance. Continued compliance with performance
standards is required and enforcement of continued compliance with
these performance standards shall be the responsibility of the Zoning
Officer or Zoning Hearing Board.
C.
Determination of violation. The Zoning Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Zoning Hearing Board of the occurrence or existence of a probable violation thereof. Said Board shall investigate the alleged violation. If after public hearings on due notice, said Board finds that a violation occurred or exists, such violation shall be terminated provided in § 181-32D as follows.
D.
Termination of violation. All violations as ascertained in accordance with Subsection C above shall be terminated within 30 days of the decision of the Zoning Hearing Board or shall be deemed a separate violation for each day following and subject to fines as set forth herein, except that certain uses established before the effective date of this chapter and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by said Board.
A.
Definition of elements. No land or building in any
M District which shall be used or occupied for manufacturing purposes
shall be operated in such a manner so as to create any dangerous,
injurious, noxious or otherwise objectionable fire, explosive or other
hazard; noise or vibration, smoke, dust, dirt or other form of air
pollution; electrical or other disturbance; glare; or other nuisance,
condition or element in such amount as to adversely affect the surrounding
area or premises (referred to herein as "dangerous or objectionable
elements"); provided that any use permitted by this chapter may be
undertaken and maintained in an M District if it conforms to the regulations
of this subsection limiting dangerous and objectionable elements at
the specified point or points of the determination of their existence.
B.
Locations where determinations are to be made for
enforcement of performance standards. The determination of the existence
of any dangerous and objectionable elements shall be made at:
No activities shall be permitted which emit
dangerous radioactivity or an electrical disturbance adversely affecting
the operation of any equipment other than that of the creator of such
disturbance.
A.
At the points of measurement specified in § 181-33B, the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table III after applying the corrections shown in Table IV. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, N.Y.; and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.)
Table III
| ||
---|---|---|
Frequency Ranges Containing Standard Octave
Bands in Cycles Per Second
|
Octave Band Sound Pressure Level in Decibels
re 0.0002 dyne/cm2
| |
20 to 300
|
60
| |
300 to 2,400
|
40
| |
Above 2,400
|
30
|
B.
If the noise is not smooth and continuous and is not
radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more
of the corrections in Table IV shall be applied to the octave band
levels given in Table III.
Table IV
| |||
---|---|---|---|
Type or Location of Operation or Character
of Noise
|
Correction
(decibels)
| ||
Daytime operation only
|
5
| ||
Noise source operates less than:1
| |||
20% of any one-hour period
|
5
| ||
5% of any one-hour period
|
10
| ||
Noise of impulsive character, hammering, etc.
|
-5
| ||
Noise of periodic character, hum, screech, etc.
|
-5
| ||
Property is located in an M District and is
not within 500 feet measured horizontally or vertically of any R District
|
10
|
NOTES: 1Apply one
of these corrections only.
|
No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 181-33B.
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in § 181-33B. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.
No emission shall be permitted from any chimney
or otherwise visible gray smoke of a shade equal to or darker than
No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill
Publishing Co., Inc., and copyrighted 1954 (being a direct facsimile
reduction of a standard Ringelmann Chart as issued by the United States
Bureau of Mines), except that visible gray smoke of a shade equal
to No. 3 on said chart may be emitted for four minutes in any 30 minutes.
No emission shall be permitted of odorous gases
or other odorous matter in such quantities as to be readily detectable
at the property line of the zone lot from which they are emitted without
instruments.
No emission of fly ash, dust, fumes, vapors,
gases and other forms of air pollution shall be permitted which can
cause any damage to health, to animals, vegetation or other forms
of property, or which can cause any excessive soiling.