The following performance standards shall be applicable to uses within TPD Districts:
A. Intent.
1. The intent of this section is to require permitted uses to be established and maintained compatible with adjoining properties through the control of noise, odor, glare, vibration, smoke, dust, radiation, waste, etc.
2. It is further the intent of this section to state the requirements for the construction and operation of permitted uses. In many cases, the relation of a prospective use to these performance standards cannot be judged properly at the time of the building permit issuance. In such cases, the recipient of the building permit shall note that these performance standards, like all other provisions of this chapter, are continuing obligations and that all permitted uses shall operate in compliance with these standards.
B. Compliance Required.
The performance standards set forth in subsection C. hereof shall be followed, and any use which fails to comply with these standards shall be in violation of this section.
C. Standards.
1. Noise.
The sound pressure level at the nearest site or property line of any operation on a site or property lot, other than the operation of auto-calls, bells, sirens or whistles, shall not exceed the average intensity of the street traffic noise of the District and no sound shall be objectionable due to intermittence, beat, shrillness or frequency.
2. Odors.
Odors emanating from any activity shall not be discernible beyond the site or property line to such degree or of such characteristic as to be considered objectionable or cause extreme agitation to humans or animals. The evaluation and control of odors shall be in general conformity with procedures described in the "Odors" chapter of the latest published edition of "Air Pollution Manual," published by the American Industrial Hygiene Association.
3. Glare and Heat.
a. No permitted use shall cause heat at the site or property line so intense as to be a public nuisance or hazard. No such use shall cause illumination at or beyond any residence district boundary in excess of 0.1 footcandle.
b. All exterior lighting shall be used in a manner that produces no glare on public highways, neighboring property or adjacent zoning districts.
4. Vibration.
Vibration shall not be discernible to the human sense of feeling beyond any site or property line for three (3) minutes or more duration in any one (1) hour.
5. Smoke.
The measurement of smoke shall be at the point of emission. The U.S. Bureau of Mines Ringelmann Smoke Chart shall be used for this measurement. Smoke no darker nor more opaque than No. 1 on such Chart shall be emitted. Smoke no darker nor more opaque than No. 2 on such Chart shall be emitted for periods not exceeding three (3) minutes during any sixty (60)-minute period. These provisions apply to smoke of any color, but with an equivalent opacity.
6. Dust.
The emission of dust or other particulate matter shall be controlled to a degree consistent with modern air cleaning capability. At no time shall it exceed No. 1 on the Ringelmann Chart, nor shall it be of such a nature or quantity as to interfere with operations on nearby sites or properties. Control methods described in the latest published edition of "Industrial Ventilation," published by the American Conference of Governmental Industrial Hygienists, shall be followed and used as the standard.
7. Gases.
The emission of gases or fumes shall be controlled to a degree consistent with modern air cleaning capability. At no time shall gases or fumes be discharged into the atmosphere in such concentrations or of such a nature as to be toxic, corrosive or noxious to persons, plants or animals, or to interfere with operations on nearby properties. The latest published edition of "Air Pollution Manual," published by the American Industrial Hygiene Association, shall be the guideline for the control of gaseous emissions.
8. Fire and explosive hazards.
All operations shall be carried on with reasonable precautions against fire and explosive hazards in accordance with all applicable standards.
9. Water pollution control.
The City wastewater regulations and State Environmental Protection Agency requirements shall be in effect and full force in the District.
(Ord. 98-176. Passed 8-3-98.)