(A) Compliance required. Every use permitted by this chapter shall be so established and maintained as to comply with the provisions of this section. The Council may require the complaining party to provide such tests or investigations by an independent testing organization satisfactory to the Council as are necessary to show non-compliance with these standards. The entire cost of such investigations and tests shall be paid for by the complaining party unless the results disclose non-compliance with these standards; in the event, the entire cost shall be borne by the owner or operator. This provision does not preclude the city from making any investigations and tests it finds appropriate to determine compliance with these standards.
(B) Noise.
(1) Noise shall be measured on any property line of the tract on which the source of the noise is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity. At the property line of the tract on which the source of noise is located, the sound pressure level of noise radiated shall not exceed the following limits measured for 10% (L10) and 50% (L50) of a one-hour period, using a sound level meter having the characteristics as specified in standards endorsed by the American National Standards Institute, specification for sound level meters, and using procedures approved by the state’s Pollution Control Agency. Noises emanating from any use shall be in compliance with and regulated by the state’s Pollution Control Standards, Minn. Regs. NCP 7010.
(2) In addition, no persons shall make a cause to be made, any impulsive and loudly audible noise that injures or endangers comfort, repose, health, peace, safety or welfare of any persons or precludes their enjoyment of property of affects their property value.
[Adjoining Property Zone - Time Table follows on next page]
Adjoining Property Zone - Time | ||||
Day, 7:00 a.m. - 10:00 p.m. | Night, 10:00 p.m. - 7:00 a.m. | |||
L10 | L50 | L10 | L50 | |
Decibels, residential zones | 60 | 55 | 50 | 45 |
Decibels, commercial zones | 65 | 60 | 65 | 60 |
(C) Odor. No use shall cause the discharge of toxic, noxious or odorous matter beyond the limits of the site where it is located in such concentrations as to be obnoxious or otherwise detrimental to the public health, safety, comfort or welfare or cause injury to property or business.
(D) Glare. Direct or reflected glare, such as from floodlights, spotlights or high temperature process, and as differentiated from general illumination, shall not be visible beyond the sight of origin at any property line. Any lights used for exterior illumination shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted where in view of adjacent property or public right-of-way. Except for public street lights, any light or combination of lights which cast light on a public street shall not exceed one foot-candle as measured from the property line of said street. Any light or combination of lights which cast light on residential property shall not exceed one foot-candle as measured from the property line of said property.
(E) Vibration. Vibration at any property line shall not be discernible to the human sense of feeling for three minutes or more duration in any one-hour period. Vibration of any kind shall not produce at any time an acceleration of more than one-tenth gravities or result in any combination of amplitudes and frequencies beyond the “safe” range of Table VII United States Bureau of Mines Bulletin No. 442, “Seismic Effects of Quarry Blasting” on any structure. The methods and equations of that bulletin shall be used to compute all values for the enforcement of this provision.
(F) Smoke. The emission of smoke by any use shall be in compliance with and regulated by the state’s Pollution Control Standards, Minn. Regs. APC 7017. Open burning shall require a DNR burning permit.
(G) Dust and other particulate matter. The emission of dust, fly ash or other particulate matter by any use shall be in compliance with and regulated by the state’s Pollution Control Standards, Minn. Regs. APC 7011.
(H) Fumes or gases. Fumes or gases shall not be emitted at any point in concentrations that are noxious, toxic or corrosive. The values given in Table I (Industrial Hygiene Standards - Maximum Allowable Concentration for eight hour day, five days per week), Table III (Odor Thresholds), Table IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposure to Substances Causing Damage to Vegetation) in the latest revision of Chapter 5, “Physiological Effects” that contains such tables, in the Air Pollution Abatement Manual published by the Manufacturing Chemists’ Association, Inc., Washington D.C., are hereby established as guides for the determination of permissible concentration and amounts. The city may require detailed plans for the elimination of fumes or gases before the issuance of a zoning permit.
(I) Fire hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of such materials. Such hazards shall be kept removed form adjacent activities to a distance that is compatible with the potential danger involved.
(J) Wastes.
(1) All waste generated shall be disposed of in a manner consistent with all State Pollution Control Agency rules.
(2) Any accumulation of waste generated on any premises not stored in containers which comply with State Pollution Control Agency rules, or any accumulation of mixed solid waste generated on any premises which has remained thereon for more than one week, or any accumulation of infectious, nuclear, pathological or hazardous waste which is not stored or disposed in a manner consistent with State Pollution Control Agency rules, is a nuisance and may be abated and the cost of abatement may be addressed against the property where the nuisance is found.
(3) The accumulation, storage, processing and disposal of waste on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this chapter.
(K) Air pollution. Every activity shall conform to state regulations relating to air quality standards and air pollution control.
(L) Erosion and drainage.
(1) No land shall be developed and no use shall be permitted that results in water runoff causing flooding, erosion or deposit of sediment on adjacent properties.
(2) All storm sewer inlets and drainageways that are functioning during construction shall be protected so that sediment-laden water does not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
(3) All on-site storm water conveyance systems must be designed and constructed to withstand the design volume of storm water with appropriate stabilization to prevent scour and erosion. Erosion controls must be provided at the outlets of all storm sewer pipes or drainageways.
(4) All temporary and permanent erosion and sediment control practices shall be maintained and repaired to assure the continued performance of their intended function.
(5) All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sodding or by mulching or covering or other equivalent control measure.
(6) All temporary erosion control devices, including silt fence, gravel, hay bales or other measures shall be removed from the construction site and properly disposed of or recycled. This removal and disposal must occur within 60 days of the establishment of permanent vegetative cover on the disturbed area.
(M) Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point or any electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. Adverse effects shall be measured by FCC standards.
(N) Fertilizers, herbicides and pesticides. No person shall place, spread or store fertilizers, herbicides and/or pesticides in any manner other than that recommended by the manufacturer or in any manner which allows any escape of nutrients or toxins into the air, ground water or surface water of the city.
(O) Abandoned buildings. No person shall allow a building, mobile home/manufactured house, or other structure to be abandoned, deteriorated or a safety hazard. All abandoned, deteriorated or unsafe structures shall be removed. If the owner fails to remove the structure, the city shall do so and assess the cost against the property through the county taxation method.
(Ord. 906-2011, passed - -2011) Penalty, see § 152.999