Land uses within the City of Louisville shall not be materially injurious or offensive to the occupants of adjacent premises or the community at large by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic and noxious materials, odors or gas fumes, fire or explosive hazards, glare, heat, electromagnetic disturbances, refuse matters or water carried wastes.
(a) Noise. Excessive sound levels generated as a result of construction, operation, or use of equipment or permanent facilities or ongoing projects of a quasi-permanent nature, as regulated by this Unified Development Ordinance, shall be prohibited. This ordinance does not apply to the generation of periodic or "unnecessary noise".
(1) Sound levels by receiving land use category. No person shall make, continue or cause to be made or continued any sound in excess of the sound levels set forth herein unless such sound is permitted under subsection (2).
A. It shall be unlawful for any person to cause a sound from a stationary source located on any private or public property which exceeds the sound level limits set forth for the receiving land use category in the following table when measured at or within the land property boundary of the receiving land use.
MAXIMUM SOUND LEVELS BY RECEIVING LAND USE CATEGORY (All values are in decibels) | ||||
SOUND SOURCE LAND USE CATEGORY | RECEIVING LAND USE CATEGORY | |||
Zoning District | Applicable Hours | Residential | Commercial | Industrial |
Residential | 7 a.m. - 10 p.m. | 55 | 60 | 65 |
10 p.m. - 7 a.m. | 45 | 50 | 65 | |
Commercial | 7 a.m. - 10 p.m. | 60 | 65 | 65 |
10 p.m. - 7 a.m. | 50 | 55 | 65 | |
Industrial | 7 a.m. - 10 p.m. | 65 | 70 | 75 |
10 p.m. - 7 a.m. | 55 | 60 | 75 | |
B. Measurement shall be made by a duly authorized individual who is knowledgeable in the proper use of the measurement equipment. Measurement shall be made in slow response, A-weighting.
C. The site used for determining compliance with these criteria shall be no closer to the emitter than the receiving land's closest property line.
D. A peak-level sound limit, for any duration of time, is hereby established at one hundred twenty decibels (120dB). Any sound that exceeds that limit poses a threat to health and welfare. Sound is a hazard and as such shall constitute a nuisance and shall be treated as such using the procedure established in subsection (2) hereof.
(2) Exceptions. The provisions of this Unified Development Ordinance shall not apply to:
A. The emission of sound for the purpose of alerting persons to the existence of an emergency;
B. The emission of sound in the performance of emergency work;
C. Railway locomotives and railcars, during transit only;
D. Transportation noises emitted by devices that are licensed and regulated by the State of Ohio;
E. Church bells and carillons.
(b) Vibrations. No use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines with the exception of vibration produced as a result of construction or demolition operations.
(c) Smoke, Dust, Fumes, Vapors and Gases. The emission of smoke, dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, animals, vegetation or property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission, is herewith prohibited.
(1) All uses generating such smoke, dust, fumes, vapors or gases must comply with the performance permitting requirements of the Ohio Administrative Code, Chapter 3745 as enforced by the Canton City Health Department Air Quality Control Division (agent for the Ohio Environmental Protection Agency).
(d) Electromagnetic Disturbance. No use may create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.
(e) Exterior Lighting. Lighting that produces a strong, dazzling light or a reflection thereof shall constitute a nuisance. Such lighting shall not unnecessarily illuminate any other lot or substantially interfere with the use or enjoyment of such other lot, or in any way impair the safe movement of traffic on any street or highway, or shine directly on adjacent properties.
(1) Minimum on-site lighting criteria. All exterior lighting shall be directed to prevent glare and shall meet the following minimum standards to ensure the safety of persons and the security of the building(s):
A. All developments with fewer than ten (10) parking spaces shall be required to provide exterior lighting at all exterior doorways.
B. All developments with ten (10) or more parking spaces shall provide exterior lighting for all exterior doorways, pedestrian pathways and vehicular use areas.
C. The minimum exterior lighting shall not drop below 0.3 foot-candles measured at grade in all vehicular use areas and pedestrian pathways.
D. For design purposes, the light loss factor (LLF) shall be calculated at: 0.7 LLF for incandescent and metal halide luminaries; and 0.8 LLF for fluorescent and sodium lamp sources.
(2) Commercial and industrial development. Prior to approval of zoning or building permits for commercial and industrial developments, a photometric computer printout of the lighting model shall be submitted for review and approval to ensure that lighting restrictions are followed and light trespass is minimized. The plan shall show the location, the height above grade, the type of illumination, the source lumens, and the luminous area for each source light which is proposed.
A. Prohibited Lighting Fixtures.
1. Uplighting shall be prohibited unless used to light buildings, trees, shrubs, or the U.S. flag.
B. Overall Height Limitation. The maximum height of any luminary shall not exceed the maximum building height permitted in the zoning district; however, outdoor sport facility lighting fixtures may have a maximum height of up to sixty (60) feet.
C. Lighting fixtures shall be set back from the perimeter of the lot by a minimum distance of twice the height of the luminary, and each lighting fixture shall be spaced at a minimum distance equal to approximately four (4) times the height of the luminary.
D. Any lighting used to illuminate any off-street parking areas shall not exceed an average of two foot-candles and shall reflect light away from an adjoining residential property or the public way.
(3) Light trespass criteria. Light originating on a site shall not be permitted beyond the site or to exceed the following values when measured at grade for the following adjacent properties:
LIGHT TRESPASS CRITERIA | |||
Land Use | Maximum Value (in foot-candles) | As Measured on Adjacent Land Use | |
From Lot Line (in feet) | Height (in feet) | ||
Residential: | 0 | 0 | 0 |
Multifamily: | 0.5 | 0 | 0 |
Office/Commercial: | 1 | 10 | 5 |
Industrial/Warehouse | 1.5 | 10 | 5 |
Outdoor Recreation and Sports Facilities | The impact of light trespass and glare shall be minimized on all surrounding properties and public rights-of-way | ||
(f) Heat. No use shall produce heat detectable without the aid of instruments beyond its lot lines.
(g) Noxious Odors. No use shall emit odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond its lot lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.
(h) Storage of Hazardous, Flammable, Toxic, and Pestilent Materials.
(1) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground, except tanks or drums of fuel directly connected with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel.
(2) All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors, shall be enclosed by a safety fence in accordance with Section 1157.27 herein.
(3) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transported off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
(4) All materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
(5) For storage of hazardous wastes, see also Ohio R.C. Chapter 3734; for transportation and storage of nuclear wastes and by-products (see Ohio R.C. Chapter 4163).