MapLink™ | Procedures | Prohibited Use

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Prohibited Use
In no district shall a building or lot contain any use which is noxious or offensive by reason of odor, dust, smoke, fumes, vibration, illumination or noise, or which constitutes a public hazard whether by fire, explosion or otherwise.
A. In determining whether a proposed use is or may become noxious, hazardous or offensive, the proposed use or operation shall comply with the following performance standards and with any more specific standards of a nationally recognized agency for a particular business or industry as may subsequently be adopted by resolution or ordinance.
(1) There shall be no emission of smoke, fumes, odor, dust or other particulate matter in such quantities as to be evident or perceptible at the property line of any lot on which a use is conducted, except as follows:
(a) There shall be no emission of noxious, toxic or corrosive fumes, gases or odor and no emission of dust or other particulate matter in excess of the limits set forth by the Pennsylvania Department of Environmental Protection and/or the United States Environmental Protection Agency and/or any other agency having jurisdiction.
(b) In no case shall the smoke emitted exceed a density described as No. 1 measured by a standard Ringelmann Chart as prepared by the United States Bureau of Mines; provided, however, that smoke of a density not in excess of No. 2 on a Ringelmann Chart will be permitted for a period not in excess of four minutes in any thirty-minute period.
(c) A kiln shall be fired by oil, gas or electricity. No individual kiln shall exceed 200 cubic feet in capacity, and no process shall contain a blast or reverberatory furnace or foundry.
(2) The proposed operation or use shall not endanger surrounding areas by reason of an unusual fire, explosion or other safety hazard.
(3) No use shall produce perceptible heat, glare or radiation beyond the property line. All necessary devices shall be so installed as to eliminate glare at the property or boundary line.
(4) No use shall result in electrical or other interference with any use, process, equipment, appliance or device located beyond the property lines of the property on which the use is located.
(5) There shall be no surface or subsurface discharge or disposal of any wastes, either liquid or solid, by any process or in any form without prior written approval of the Pennsylvania Department of Environmental Protection and the Board of Supervisors. Where public sanitary sewers are available within a reasonable distance, such facility or use shall be connected to the sewer system, subject to the regulations and requirements thereof. Where public sanitary sewers are not available, a private sewage treatment plant may be permitted or an existing private plant may be utilized only when approved by the Pennsylvania Department of Environmental Protection and the Board of Supervisors. Provision shall be made for water supply, fire protection, stormwater drainage and other utilities.
B. The applicant for a permit to construct a proposed business or processing use, when requested, shall demonstrate as a condition of approval:
(1) That the proposed use will comply with the standards contained or referred to in Subsection A above; and
(2) That adequate provisions will be made to ensure that the proposed use will not be noxious, hazardous or offensive, as defined above.
(3) In order to determine that adequate safeguards are provided, the Zoning Officer may:
(a) Require that the applicant submit necessary information, plans, impartial expert judgments and written assurances;
(b) Obtain the expert advice of official agencies or of private consultants; and
(c) Make such reasonable tests as are deemed necessary.
See § 208-105: Prohibited uses for more information.
See Permits and Inspections for more information.