§ 154.205 PERFORMANCE STANDARDS FOR ALL ZONES.

   (A)   Application of performance standards . After the effective date of this chapter, any use established or changed to, and any building , structure , or tract of land developed, constructed or used for any permitted or permissible principal or accessory use in all zones shall comply with all of the performance standards herein set forth for the district involved. If any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use or building or other structure .

   (B)   Time schedule for compliance of performance standards .

      (1)   Except for standards regulated and enforced by the state, compliance with the provisions of this section shall be according to the following time schedule:

         (a)   All new installations shall comply as of going into operation.

         (b)   All existing installations not in compliance as of the effective date of this chapter shall be in compliance within one calendar year of the effective date of this chapter unless the owner or person responsible for the operation of the installation shall have submitted to the Zoning Administrator a program and schedule for achieving compliance, such program and schedule to contain a date on or before which full compliance will be attained and such other information as the Zoning Administrator may require. If approved by the Zoning Administrator , such date will be the date on which the person shall comply.

      (2)   The Zoning Administrator may require persons submitting such program to submit subsequent periodic reports on progress in achieving compliance.

   (C)   Performance standards .

      (1)   Building enclosures. Every use permitted in all zones except the IM, I-1, I-2, I-4 and I-5 industrial zones shall be operated in its entirety within a completely enclosed building . In the IM, I-1, I-2, I-4, and I-5 industrial districts , permitted uses shall be operated either within a completely enclosed building or within an area screened from view at the nearest district boundary, according to § 154.052 and §§ 154.185 through 154.192.

      (2)   Landscaping.

         (a)   All required yards shall either be open landscaped and grassed areas or be left in a natural state, if acceptable to the Planning and Zoning Commission . If said area is to be landscaped, it shall be landscaped attractively with lawn, trees, shrubs, and the like, according to the initially submitted plans which were first approved of for the development of such tract as a permitted use .

         (b)   In areas to be used for off-street parking, the parking arrangement and surfacing must likewise have been approved of for the development of such tract as a permitted use . Any landscaped areas shall be properly maintained thereafter in a sightly and well-kept condition. Parking areas shall likewise be maintained in good condition. Any areas left in a natural state shall be properly maintained in a well-kept condition.

      (3)   Noise.

         (a)   For the purpose of measuring the intensity and frequencies of a sound, a type 1 or type 2 sound level meter shall be employed that conforms to specifications published by the American National Standards Institute (specifications for Sound Level Meters S1.4 - 1983, or the latest edition of such standards, shall be used). In the enforcement of the regulation, noises produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel level. The sound pressure of noise radiated continuously from any activity shall not exceed the value given in Tables 1 and 2 of this section, at the location of any receiving land use. If the noise is not smooth and continuous, one or more of the corrections in Table 2 of this section shall be added or subtracted from each of the decibel labels given in Table 1 of this section.

         (b)    Noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency , or shrillness.

      (4)   Odorous matter . No emission of odorous matter shall be allowed in excess of ambient air quality standards as set forth by regulations adopted by the Kentucky Department for Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.

      (5)   Humidity, heat, or glare. Any activity producing humidity, in the form of steam or moist air or producing heat or glare, shall be carried on in such a manner that the steam, humidity, heat, or glare is not perceptible at any lot line. Detailed plans for the elimination of humidity, heat, or glare may be required before the issuance of a building permit .

TABLE 1
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVEL (DECIBELS ) AT SPECIFIED POINTS OF MEASUREMENT FOR NOISE RADIATED CONTINUOUSLY FROM A FACILITY

 

Receiving Land Use	7:00am-10:00pm	10:00pm-7:00am
Residential	55	50
Commercial and Industrial Park	60	55
Industrial	65	65

 

TABLE 2
CORRECTION IN MAXIMUM PERMITTED SOUND PRESSURE LEVEL IN DECIBELS TO BE APPLIED TO TABLE 1

 

Type of Operation of Character of Noise	Correction In Decibels
Noise source operates less than 20% of any one hour period	plus 5*
Noise source operates less than 5% of any one hour period	plus 10*
Noise source operates less than 1% of any one hour period	plus 15*
Noise of impulsive character (hammering, and the like)	minus 5
Noise of periodic character (hum, screech, and the like)	minus 5

* Apply one of these corrections only

      (6)   Exterior lighting. Any lights used for exterior illumination, except for overhead street lighting and warning, or traffic signals shall direct light away from the adjoining zones .

      (7)   Vibration. Vibrations shall be measured at the lot line in all zones except the IM, I-2, I-4 and I-5 industrial zones and at the nearest zone boundary in the IM, I-2, I-4, and I-5 zones. No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour. Vibration shall not produce, at any time, an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, "Seismic Efforts of Quarry Blasting", on any structure . The methods and equations of said Bulletin No. 442, or any subsequent revision or amendment thereto, shall be used to compute all values for the enforcement of these provisions. Detailed plans for the elimination of vibrations may be required before the issuance of any building permit .

      (8)   Emissions and open burning. No emission of particulate matter , sulphur compound, carbon monoxide, hydro-carbon, nitrogen oxide, and open burning shall be allowed in all zones in excess of regulations adopted by the Kentucky Department for Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.

      (9)   Radiation. All sources of ionizing radiation shall be registered or licensed by the Kentucky State Department of Health and operated in accordance with their regulations.

      (10)   Electrical radiation. Any electrical radiation shall not adversely affect, at any point on or beyond the lot line, any operation or equipment other than those of the creation of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or material scheduling operations is permitted.

      (11)   Storage. In all zones except the IM, I-1, I-2, I-4 and I-5 industrial zones, no materials, products, or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon. In the IM, I-1, I-2, I-4, and I-5 Zones, storage of materials, supplies, and products on the property outside the building , constructed thereon is permitted to the side and rear of the property providing that the storage of materials, supplies, and products are within an area screened from view at the nearest district boundary, in accordance with § 154.052 and this section.

      (12)   Fire and explosive hazards. In all zones except the IM, I-2, I-4 and I-5 industrial zones, storage, utilization, or manufacture of solid materials or products including free burning and intense burning is not permitted. In the IM, I-2, I-4, and I-5 Zones only, storage, utilization, or manufacture of solid materials which requires free burning and intense burning may be allowed if permitted in said zones , providing that said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible walls and protected throughout by an automatic fire extinguishing system. In the IM, I-2, I-4, and I-5 Zones only, the storage, utilization, or manufacture of flammable liquids, or materials which produce flammable or explosive vapors or gases may be allowed if permitted in said zones , provided that storage, handling, and use shall be in accordance with Standards of American Insurance Association for Storage, Handling, and Use of Flammable Liquids, "American Insurance Association", Pamphlet No. 30, June, 1959, or any subsequent revision or amendment thereto.

   (M)   Waste. In all zones except the IM, I-1, I-2, I-4 and I-5 industrial zones, no waste material or refuse shall be dumped upon or permitted to remain upon any part of the part of the property outside of the buildings constructed thereon. All sewage waste shall be treated and disposed of in such manner so as to comply with the standards of the appropriate authority. All plans for waste disposal facilities shall be required before the issuance of any building permit . In the IM, I-1, I-2, I-4, and I-5 Zones, all waste shall be disposed of in accordance with the Regulations of the Kentucky Department of Natural Resources and Environmental Protection, Division of Waste Management.

   (N)   Mining and reclamation. All methods of operation, construction of roads, backfilling, grading, blasting, water impoundments, treatment facilities, and reclamation must be in conformance with the regulations adopted by the Department for Natural Resources and Environmental Protection, Bureau of Surface Mining Reclamation and Enforcement (KRS 352). Any excavation or processing operations shall be subject to the regulations of the Kentucky Water Pollution Control Commission.

   (O)   Blasting and explosives. All blasting and the use of explosives must be conducted in accordance with the regulations set forth by the Department of Mines and Minerals, Division of Explosives and Blasting (KRS Chapter 351, Blasting Law) and in accordance with the Standards of Safety for Explosives, for the Commonwealth of Kentucky, prepared by the department of Public Safety, Division of Fire Prevention (pursuant to the authority of KRS 227.300).

   (P)   Smoke. It shall be unlawful for any person , firm, corporation or entity to permit the emission of any smoke from any source whatsoever to a density greater than that density permitted by the U.S. Environmental Protection Agency (EPA).

      (1)   Method of measurement. For the purpose of grading the density of smoke, U.S. EPA Method 9, or any subsequent revision or amendment thereto, shall be the standard method of measurement.

      (2)   Detailed plans for the elimination of smoke may be required before the issuance of any building permit .

   (Q)   Agricultural and silvicultural operations. No agricultural or silvicultural operation or any of its appurtenances shall be or become a nuisance or trespass, private or public, or be in violation of this chapter, or be restricted by the provision of this chapter provided the operator of the agricultural or silvicultural operation utilizes normal and accepted practices and the same has been in operation for more than one year, when the operation was not a nuisance at the time the operation began.

(Ord. 0-11-82, passed 11-3-82; Ord. O-01-05, passed 3-16-05) Penalty, see § 154.999