Municipality of Kingston, PA Article VI Performance Standards

§ 181-31 General provisions.

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.

§ 181-32 Requirements; procedure.

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.

§ 181-33 Regulation of certain nuisance elements.

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:

(1) The point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution.

(2) The property lines of the use creating such elements for noise, for vibration, for glare and for odors.

§ 181-34 (Reserved) [1]

[1] Editor's Note: Former § 181-34, Fire and explosion hazards, was repealed 3-4-2013 by Ord. No. 2013-1. See now Ch. 65, Burning, Open.

§ 181-35 Radioactivity or electrical disturbance.

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.

§ 181-36 Noise.

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.

§ 181-37 Vibration.

No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 181-33B.

§ 181-38 Glare.

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.

§ 181-39 Smoke.

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.

§ 181-40 Odors.

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.

§ 181-41 Additional air pollution regulations.

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.