Environmental performance standards are regulations which are intended to promote a peaceful and quiet environment. Restrictions or limits are established on uses or facilities whose environmental factors may create a nuisance or cause a noxious, objectionable or other undesirable effect on persons or properties outside of the subject property. These restrictions apply to a uses' construction as well as its operation. Materials and/or products of a use shall be maintained in a method so that the health, safety and welfare of persons occupying the subject property or adjacent properties are not jeopardized.
(a) Applicability and Compliance. The Environmental Performance Standards are applicable to all land uses in all zoning districts in the City, and both initial and continued compliance is required. Any condition or land use falling under the jurisdiction of the standards of this code at the time of its adoption and not in conformance with these standards shell be brought in full compliance immediately upon discontinuance of the existing use of land, structure or building. Any change in the principal use of land, structure or building shall constitute a discontinuance and be fully subject to these standards and provisions.
(b) Noise. No activity on private property shall emit noise in excess of sound levels indicated in the table below.
Sound levels shall be determined by the use of a sound level meter designed to give measurements designated as dBA or dB(A). Measurements may be taken, at the discretion of the Zoning Inspector, at the property line or anywhere beyond the property line of the source property. The maximum noise levels will be established by the receiving property or zoning district regardless of the proximity of the source property to it. The source property need not be contiguous to the receiving property.
MAXIMUM PERMITTED SOUND LEVELS | ||||
SOURCE PROPERTY | RECEIVING PROPERTY | |||
NOISE SOURCE | TIME | RESIDENTIAL | COMMERCIAL | INDUSTRIAL |
Residential | Daytime1 | 55 dBA | 55 dBA | 55 dBA |
Nighttime2 | 50 | 50 | 50 | |
Commercial | Daytime1 | 55 | 60 | 60 |
Nighttime2 | 50 | 50 | 50 | |
Industrial | Daytime1 | 55 | 60 | 70 |
Nighttime2 | 50 | 50 | 60 | |
1 Daytime shall be considered as the hours between 7:00 AM and 10:00 PM.
2 Nighttime shall be considered as the hours between 10:00 PM and 7:00 AM.
(c) Exemptions. The following noise levels shall be exempt from the noise provisions during the daytime only:
(1) Firearms on authorized ranges.
(2) Legal blasting.
(3) Temporary construction activity and equipment.
(4) Installation of utilities.
(5) Lawn mowers, chain saws and garden equipment.
The following noise sources shall be exempt from the noise provisions at all times:
(1) Aircraft.
(2) Railroads.
(3) Emergency vehicles and equipment.
(4) Warning devices operating continuously for not more than five (5) minutes.
(5) Bells, chimes or carillons operating continuously for not more than five (5) minutes per hour.
(6) The repair of essential utility services.
(7) Officially sanctioned parades or other events.
(d) Vibrations. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point outside the property line of the property on which the use is located.
(e) Glare. Any process producing intense light or heat, which may cause physical harm, including high temperature processes such as combustion or welding, shall not be visible beyond any lot line bounding the property wherein the use is conducted.
All exterior lighting on private property shall be positioned as to extend glare away from adjacent properties or rights-of-way. Furthermore, no activity on private property shall generate light that creates a nuisance to surrounding properties, as determined by the Zoning Inspector.
(f) Air and Water Pollutants. The emission of air and water pollutants shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
(g) Hazardous Materials. The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
(h) Electrical Disturbances. No activity will be permitted which emits electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance and, shall comply with all applicable FCC regulations and standards.
(i) Fire Hazards. Any activity involving the use or storage of flammable or explosive material shall be protected by adequate fire-fighting and fire suppression equipment and by safety devices. Such potentially hazardous activities shall be kept from adjacent activities at a distance determined by the National Fire Protection Code.
(j) Erosion. No erosion, by either wind or water or other liquid shall be permitted which will carry substances onto neighboring properties or rights-of-way. Erosion control methods shall be implemented on all sites where the existing ground surface is altered or disturbed. All such work shall comply with all local, state and federal erosion control regulations or standards.
(Ord. 26-99-0. Passed 8-23-99.)