[Ord. 1112, 1/19/2010]
A. 
All uses shall comply with the requirements of this Part, and the landowner and/or developer shall demonstrate that a proposed use shall comply with the standards below prior to the Borough issuing approval and operation commencing on the lot. Compliance shall be determined by the Zoning Officer with respect to permitted uses, by the Zoning Hearing Board with respect to special exceptions, and by the Borough Council with respect to conditional uses. In order to determine whether a proposed use will conform to the requirements of this chapter, the Borough may obtain a qualified consultant's report, whose cost for services shall be borne by the applicant.
B. 
All uses that require new facilities or expansion of existing facilities, such as sewers, storm drains, fire hydrants, potable water, public streets, streetlighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval. No availability of essential services shall be permitted to be grounds for denying permits for additional development until such services are available. The jurisdiction is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be by and at the cost of the developer, unless the jurisdiction agrees otherwise. All service extensions shall be designed and installed in full conformance with the jurisdiction's standards for such service and shall be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.
[Ord. 1112, 1/19/2010]
Fire protection and firefighting equipment, procedures and safety protocols acceptable to the Borough fire standards and National Fire Protection Association shall be readily available and followed where there is any activity involving the handling or storage of flammable or explosive material.
[Ord. 1112, 1/19/2010]
Unless otherwise permitted by the Borough for medical purposes, no activity shall emit radioactivity at any point or cause electrical disturbance adversely affecting the operation of radio or other equipment in the vicinity.
[Ord. 1112, 1/19/2010]
Fire sirens, place of worship bells and related apparatus used solely for public purposes shall be exempt from this requirement. Loudspeakers associated with restaurants shall not operate between the hours of 11:00 p.m. and 7:00 a.m. Within the R-M, C-G, or CMM District when adjoining a residential use and OT District when adjoining a residential use, noise in excess of 75 decibels between 7:00 a.m. and 11:00 p.m. and 50 decibels between 11:00 p.m. and 7:00 a.m., as measured on a decibel or sound-level meter of standard quality and design operated on the A-weighted scale, shall not be permitted. Industry standards and equipment shall be utilized for measuring such noise at any and all lot lines of the subject property on which the noise source is located. Proof of such current compliance shall be presented to the Borough upon the request of the Zoning Officer.
[Ord. 1112, 1/19/2010]
Vibrations detectable without instruments on any adjacent lot in any zoning district shall be prohibited, except that temporary vibration as a result of construction activity shall be permitted.
A. 
No use in any permissible nonresidential zoning district may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or the lot line if the enterprise generating the vibration is the only enterprise located on a lot.
B. 
No use may generate any ground-transmitted vibration in excess of the limits set for this in Subsection E. Vibration shall be measured at any adjacent lot line or residential zone line as indicated in the table set forth in Subsection E.
C. 
The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
D. 
The vibration maximums set forth in Subsection E are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
PV = 6.28 FxD
Where:
PV
=
Particle velocity (inches per second)
F
=
Vibration frequency (cycles per second)
D
=
Single amplitude replacement of the vibrations (inches)
The maximum velocity shall be the vector sum of the three components recorded.
E. 
The Table of Maximum Ground-Transmitted Vibration shall be as follows:
Table of Maximum Ground-Transmitted Vibration Particle Velocity
(inches per second)
District
Adjacent Lot Line
Residential Zone
Commercial districts
0.15
0.20
Industrial districts
0.15
0.20
Residential districts
0.20
0.20
F. 
The values stated in Subsection E may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.
G. 
Vibrations resulting from temporary construction activity that occurs between 7:30 a.m. and 7:00 p.m. shall be exempt from the requirements of this section.
[Ord. 1112, 1/19/2010]
A. 
For purposes of this section, the "odor threshold" is defined as the maximum concentration in air of a gas, vapor or particulate matter that can be detected by the olfactory systems of a panel of three healthy observers appointed by the Borough Council.
B. 
No use other than agricultural in any zone many generate any odor that reaches the odor threshold, measured at:
(1) 
The outside boundary of the immediate space occupied by the enterprise generating the odor.
(2) 
The lot line if the enterprise generating the odor is the only enterprise located on a lot.
C. 
The release of odorous matter from any district across residential or commercial district boundary lines shall be so controlled that, at ground level or at a habitable elevation, the concentration shall not exceed the odor threshold. Further, the release of odorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses. As a guide in determining qualities of offensive odors, Table III (Odor Threshold), Chapter 5, Air Pollution Abatement Manual, by the Manufacturing Chemists Association, Inc. (as amended), may be used.
[Ord. 1112, 1/19/2010]
The maximum amount of smoke emission permitted shall be determined by the use of the Standard Ringelmann Chart issued by the United States Bureau of Mines or most recent industry standard. No smoke of a shade darker than No. 2 shall be permitted.
[Ord. 1112, 1/19/2010]
A. 
Any use that emits any air contaminant, as defined in state air pollution law(s), shall comply with applicable state standards concerning air pollution.
B. 
No zoning permit, building permit or conditional use approval may be issued with respect to any development covered by Subsection A until the Cumberland County Health Department has certified to the permit-issuing authority that the appropriate state permits have been received by the developer or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution standards.
[Ord. 1112, 1/19/2010]
A. 
A plan of luminosity, the measure of light impacts, shall be submitted in accordance with Chapter 22, Subdivision and Land Development.
B. 
In any zoning district, any operation or activity producing outdoor lighting and/or intense glare shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of zero footcandles when measured at any residential zoning district boundary line or any residentially developed property in a mixed-use or other nonresidential zoning district. Flickering or intense sources of light shall be so controlled as not to cause a nuisance across any lot lines.
C. 
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 about 60 feet from horizontal shall be utilized. Architectural lighting shall be recessed under roof overhangs or generated from concealed sources utilizing low-intensity light fixtures. The interior illumination of a canopy which permits any light to pass through is hereby banned. The illumination or lighting of freestanding and building canopies, awnings and exterior auxiliary parts is prohibited, with the exception of flat-lens, full-cutoff, downcast lighting, which may be mounted on the underside surface of a structure, provided that it illuminates only the ground area beneath the structure.
D. 
All outside lighting, including sign lighting, shall be focused away from adjacent streets and properties and shall be directed in such a way as not to create a nuisance to any adjacent use and roadway. All luminaries and fixtures hereafter constructed, installed, changed or remodeled shall be equipped with a glare-shielding device, full-cutoff downward cast in the case of freestanding area lighting. 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 3 1/2 footcandles with a maximum intensity at any given point on the ground of 12 footcandles, unless otherwise approved by the Borough Council. A four-hundred-watt maximum shall apply to any light source.
E. 
In any zoning district, all pole-mounted illumination or lighting over six feet in height or any wall-mounted illumination or lighting supported by brackets or pole arms over six feet in height, hereafter constructed, installed, changed or remodeled shall be full-cutoff lighting with flush or recessed lens caps only. All light fixtures shall be mounted parallel to the ground. "Full-cutoff lighting" shall be defined as the type of lighting fixture designed to provide a light distribution so that the candela at 90° above nadir is zero and less than 10% of rated lumens at 80° above nadir as defined by current industry standards.
F. 
Illumination and light intensity shall not exceed zero footcandles, measured either vertically or horizontally to the ground surface, at any height, at any adjoining lot line in a residential zoning district.
G. 
Where light is reflected in a street area, the intensity measurement shall be made on the right-of-way line across the street from where the light source emanates.
H. 
Sign lighting shall be low-intensity and generated from a concealed source and shall not spill over into adjoining properties or roadways or in any way interfere with the vision of oncoming motorists. Spotlights used to illuminate signs, or each side of a two-faced sign, shall be restricted to not more than one one-hundred-fifty-watt light per sign for up to 40 square feet and no more than two one-hundred-fifty-watt lights per sign for over 40 square feet. The sign base or landscaping around the sign shall be designated to shield the light from oncoming motorists to conceal the light source and light fixtures.
I. 
The height of a luminaire shall be limited as follows:
(1) 
In any residential zoning district, the maximum height permitted shall be 20 feet.
(2) 
In any mixed-use district, the maximum height permitted shall be 20 feet.
(3) 
In any other zoning district, the maximum height shall be 30 feet.
(4) 
The Borough Council may further limit the height of luminaires when it is determined that proposed lighting may have a detrimental impact upon nearby properties.
J. 
Ball diamonds, playing fields and tennis courts that have a unique requirement for nighttime visibility may be exempted from Subsections A through H if, in the judgment of the Borough Council, their limited hours of operation and the location of the luminaires will adequately protect neighboring residential uses.
[Ord. 1112, 1/19/2010]
A. 
No erosion by wind or water shall be permitted which will carry or deposit objectionable substances onto neighboring properties. Provisions required by the County Conservation District shall be applicable to all development or redevelopment.
[Ord. 1112, 1/19/2010]
A. 
See Chapter 22, Subdivision and Land Development, lof the Mechanicsburg Borough Code.
[Ord. 1112, 1/19/2010]
A. 
See Chapter 8, Floodplains, of the Mechanicsburg Borough Code.