A.
Purpose.
The operational performance standards included in this Chapter are
intended to protect the health, safety, and welfare of the citizens
of Pittsburgh by regulating potential nuisance features associated
with certain land uses.
B.
Applicability. The standards of this Chapter are standards of performance that apply to uses after they have been established. They are intended to provide quantifiable rules of operation that can be used to ensure that uses do not become nuisances. They are not intended to be conditions for development approval. Buildings, structures or tracts of land that are established, developed or constructed shall comply with all applicable performance standards of this Chapter, except that the following activities shall only be subject to Section 917.04, Air Quality/Emissions, and Section 917.06, Construction Operations:
C.
Conflict
with Other Zoning Provisions. In the case of any conflict between
the performance standards of this Chapter and the other regulations
of this Code, the more restrictive shall control.
D.
Conflict
with Local, State or Federal Regulations. In case of conflict between
the performance standards set forth in this Chapter and any rules
or regulations adopted by any other governmental agencies, the more
restrictive shall apply.
[Ord. No. 13-2017, § 3,
eff. 3-6-2017]
These standards apply to noise from any machinery or equipment
that is part of or operated within any development, including continuous
and intermittent noise, noise emitted by speaker boxes, pick-up and
delivery trucks, and any other commercial or industrial activities
that are under the control of the occupant of a building site.
A.
Method
of Measurement. Noise shall be measured with a sound level meter that
meets the standards of the American National Standards Institute (ANSI
Section S1.4-1983 (R2006), Type 1 or Type 2.) Noise levels shall be
measured using an A-Frequency weighting filter. Impact noises, produced
when two (2) or more objects strike each other, shall be measured
using the fast time-weighting of the sound level meter, and other
noises using slow time-weighting. Impact noises shall be considered
to be those noises whose peak values are more than three (3) decibels
higher than the slow time-weighted noise measurements.
B.
Maximum
Permitted Sound Levels. The maximum permitted sound pressure levels
in decibels across lot lines and district boundaries shall be in accordance
with following table. This table shall be used to determine the maximum
noise level, measured in A-weighted decibels, that shall be permitted
at the property line of the closest use in each of the following categories.
Background Sound Level shall mean the measured sound level in the
area, exclusive of extraneous sounds and the sound contribution of
the specific source in question.
|
Receiving Land Use
(not the Zoning District)
|
Sound Level Limit (dBA)
| |
|---|---|---|
|
7:00 a.m.—10:00 p.m.
|
10:00 p.m.—7:00 a.m.
| |
|
Industrial & Manufacturing
|
75 or 3 above background sound level, whichever is greater.
|
75 or 3 above background sound level, whichever is greater.
|
|
All Other Uses
|
65 or 3 above background sound level, whichever is greater.
|
60 or 3 above background sound level, whichever is greater.
|
No use shall be operated in manner that causes earthborne vibrations
in excess of the displacement values set forth below, on or beyond
the property line of the closest use in each of the following categories:
|
Receiving Land Use
|
Peak Particle Velocity
(inches per second)
| |
|---|---|---|
|
7:00 a.m.—10:00 p.m.
|
10:00 p.m.—7:00 a.m.
| |
|
Residential
|
0.03
|
0.01
|
|
Public or Institutional
|
0.06
|
0.06
|
Any land use or activity that is a source of the emission of
smoke, particulate matter or other air pollutants shall comply with
all applicable state and federal standards and regulations governing
air quality and emissions. Any such land use or other activity shall
obtain and maintain all necessary licenses and permits from the appropriate
County, State, and Federal agencies.
Any land use or activity that involves the use of toxic, hazardous,
or radioactive materials shall comply with all applicable state and
federal regulations governing the use, storage, transportation, emission,
and disposal of such materials. Any such land use or other activity
shall also obtain and maintain all necessary licenses from the appropriate
State and Federal agencies, such as the United States Environmental
Protection Agency.
[Ord. No. 13-2017, § 3,
eff. 3-6-2017; Ord. No.
35-2017, § 1, 7-13-2017]
Construction operations for projects that have current and valid
permits are permitted during the hours of 6:00 AM and 8:00 PM Monday
through Friday and 7:00 AM and 8:00 PM on Saturdays and Sundays, and
subject to the following standards:
A.
Impact
construction or demolition operations such as pile drivers, jackhammers,
concrete saws, etc., shall be limited to between the hours of 8:00
AM and 6:00 PM, Monday through Saturday;
B.
A Construction
Management Plan may be required as a condition of zoning approval
at the determination of the Zoning Administrator and shall be required
for;
a.
Any
construction operation that includes a structure or multiple structures
totaling more than 200,000 square feet of floor area.
b.
Any
structure or group of structures subject to Residential Compatibility
Standards and that include more than 50,000 square feet of floor area;
or
c.
Any
construction operation including new construction or exterior renovation
on a lot size greater than 2,400 square feet where the existing or
proposed building occupies 90 percent of the lot or greater.
C.
Construction
efforts necessary for emergency and critical public works operations
are exempted from the standards of this section;
D.
Exceptions
to the construction operations standards of this section may be granted
as part of a Construction Management Plan, which is subject to review
and approval by the Zoning Administrator, Director of the Department
of Public Works, and the Director of Permits, Licenses and Inspections,
who may require conditions of approval including but not limited to
noise mitigation and additional time constraints;
[Ord. No. 13-2017, § 3,
eff. 3-6-2017[1]]
The Zoning Board of Adjustment may approve a Special Exception, according to the provisions of Section 922.07, to waive one (1) or more of the Operational Performance Standards imposed by this Chapter, subject to the following standards:
A.
The Board
shall determine that the waiver will not create detrimental impacts
on the surrounding properties, taking into consideration the physical
relationship of the proposed use and structure to surrounding uses
and structures, the probable hours of operation, and the emission
of odors, fumes, dust, noise, vibration or glaring light;
B.
The waiver
does not cause the proposed project to violate any Federal, State
or other local laws which may apply; and
C.
The Board
shall impose alternative methods which will cause the development
to comply with the stated purpose and intent of the Operational Performance
Standards.
