All uses permitted within an B1 or B2 district shall meet the following performance standards.
(A) Light.
(1) Glare. The direct light of outdoor lighting fixtures which are a reflective, directional or nondiffused type (glare) shall not be visible from outside the zoning lot.
(2) Footcandles. Diffused or nondirectional light and the combination of all light shall not exceed 2.0 footcandles at the zoning lot line if the adjoining property is residentially zoned.
(B) Noise.
(1) A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level sound louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e, whether the pitch of the sound is high or low) an A-weighted filter constructed in accordance with the specification of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. And accordingly, all measurements are expressed in dbA to reflect the use of this A-weighted filter.
(2) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which a valid permit issued by proper authority is in effect. Issuance of a certificate of zoning compliance is evidence that the construction project is complete.
(3) All railroad rights-of-way shall not be subject to the requirements of this chapter.
(4) Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than 1 minute in any 1-hour period are permissible up to a level of 10 dbA in excess of the figure listed except that this higher level of permissible noise shall not apply from 7:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. Impact noises generated by sources that operate at a frequency greater than 1 minute in any 1-hour period are regulated as a continuous noise and are subject to the sound levels given in division (B)(5) below. All impact noise shall be measured using the fast response of the sound level meter.
(5) Sound levels shall not exceed the following standards.
(a) If the receiving use is in a residential district: between 7:00 a.m. and 7:00 p.m.: 65 dbA; between 7:00 p.m. and 10:00 p.m.: 60 dbA; between 10:00 p.m. and 7:00 a.m.: 55 dbA.
(b) If the receiving use is in a commercial district: between 7:00 a.m. and 7:00 p.m.: 70 dbA; between 7:00 p.m. and 10:00 p.m.: 65 dbA; between 10:00 p.m. and 7:00 a.m.: 60 dbA.
(c) If the receiving use is in an industrial district: anytime: 80 dBA.
(6) Sound levels of noise radiating from a zoning lot line in excess of the above dBA levels shall constitute prima fascia evidence the noise is a public nuisance and a violation of this section.
(7) Yard and lawn maintenance equipment engaged in normal yard and lawn maintenance operations are not subject to these regulations.
(8) In the case of uses in the B1 and B2 districts, all measurements to determine compliance shall be made at the boundaries of the zoning lot containing the use generating the noise.
(9) The requirements in § 154.095(B) shall apply to new uses or additions to existing uses and shall not be considered to apply to any existing use which is operating on the effective date of this section; nor shall this section make any like existing use nonconforming.
(10) Existing uses shall mean any use of property which is legally permitted and any operation, equipment, process or system which is in operation prior to the above date. Additions to a use includes any additional operations, equipment, processes or systems which were not operational on the above date.
(11) Note: The requirements, prohibitions and terms of this chapter shall not apply to warning signal devices of any authorized emergency vehicle acting in time of emergency. Nor shall these terms apply to activities of a temporary duration permitted by law and for which a license or permit has been granted by the town, including, but not limited to, parades and fireworks displays.
(C) Vibration.
(1) Vibration levels shall not exceed the following standards:
(a) Maximum peak particle velocity: steady state: 0.02 inches/second; and
(b) Impact: 0.04 inches/second.
(2) Note: The maximum particle velocity shall be the maximum displacement vector sums of 3 mutually perpendicular components, recorded simultaneously, multiplied by the frequency in cycles per second For purposes of this chapter, steady-state vibrations are vibrations which are continuous, or vibrating in discrete impulses more frequent than 60.
(3) In the case of uses in the B1 and B2 districts, all measurements to determine compliance shall be made at the boundaries of the zoning lot containing the use generating the noise.
(D) Design standards for all Commercial Districts.
(1) The purpose of this section is to establish standards for those items that affect the physical aspect of Liberty's environment. These standards focus on design principals which can result in creative solutions that will develop a satisfactory visual appearance within the town, preserve values and promote the public health, safety and welfare.
(2) It has been determined that zoning regulations guide development towards accomplishing the community's goals as stated within the Liberty Land Development Plan, creating a quality community and improving the community's livability. These goals protect and enhance individuals' welfare and markets the community for quality development.
(3) The standards require a basic level of site and structure design. The standards are not intended to limit creativity or create a community where everything looks the same. Its intent is to serve as a tool for design in the context of developing Liberty as a unique place. Consideration has been given to balancing the interests of property owners with the community's aesthetic character.
(4) The balancing of the landowners right to use his or her land, with the corresponding right of abutting and neighboring landowners to live without nuisances such as noise, smoke, fumes, odors, glare of lights and visual pollution.
(5) All new construction and expansions and/or additions, shall meet the requirements of this chapter pertaining to design regulations and shall also meet the following specific design criteria which is meant to facilitate an orderly pattern of architecturally and esthetically integrated development:
(a) Facades fronting streets and roads.
1. Sixty percent of the area of the front face of any non- residential structure including doors and windows shall be finished with any Building Code approved material except metal faced panels; metal faced painted panels and any metal panel with "rib” or “u” configuration; and laminated, composite or press board wood type materials. (Composed of layers offirmly united wood materials; made by bonding or impregnating superposed layers with resin and compressed under heat).
2. Metal faced panels with galvanized, aluminum or aluminum zinc finishes shall not be permitted for any portion of the front face.
3. Permitted residential uses shall comply with § 154.096.
(b) Facades other than fronting streets and roads.
1. Any code approved material including vinyl siding and metal facade covering and other synthetic materials except metal faced panels with galvanized, aluminum or aluminum zinc finishes, shall be allowed for any wall not fronting streets and roads.
2. Where the walls are visible from adjoining residentially zoned property, the walls shall be screened or buffered according the requirements of this chapter.
(c) Trim. Trim and similar architectural detailing may be composed of any code-approved materials.
(d) Utilities. All utilities providing direct service to individual buildings shall be placed underground unless existing development within 200 feet on either side of the proposed building currently utilizes overhead utilities or are required to be placed above ground by the applicable utility provider.
(6) (a)
Expansions including cumulative additions of nonconforming uses which result in an increase of over 50% in the linear street fronting footage of a structure shall comply in all respects to the development standards of this subchapter. This section shall apply to all expansions or additions permitted after June 28, 2004
(b) Interior remodeling, repairs or other forms of redevelopment which do not create additional floor area or exterior repairs which do not change required design features shall be exempt from the provisions of this section.
(c) Routine maintenance or repairs of any structure or site feature shall be exempt from the provisions of this section.
(7) All accessory structures larger than 12 by 12 or 144 square feet shall comply with the provisions of § 154.095(D)(1).
(8) (a) In addition to site plan requirements as specified in § 154.254 below, elevation plans at a minimum scale of 1/8-inch equals 1 foot for all exterior walls for the proposed construction shall be submitted.
(b) Plans shall be on bond or vellum paper no less than 8-1/2 by 11 inches. Drawing(s) shall be straight-line and building materials identified in accordance with accepted architectural standards including job title and location.
(c) Modifications to the site plan or elevation plan shall be resubmitted for approval.
(9) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPEARANCE. The outward aspect visible to the public.
ELEVATION PLAN. Building profiles to scale showing the architectural style, design and arrangement of the exterior of a building or other structures, including the kind and texture of the building material, the size, color and scale of the building, and the type, color, style of all windows, doors, roofs and other appurtenant fixtures.
FACADE. The exterior wall of a building exposed to public view.
FACIA; (BOARD). A horizontal piece covering the joint between the top of a wall and the projecting eaves. Facia shall be considered as facade.
PARAPET WALL. That portion of any building wall that rises above the level of the roof line, and it is made of the same material and thickness as the building wall.
(1981 Code, § 516) (Ord. passed 6-28-2004)