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1175.01 PURPOSE.
   It is the purpose of the Environmental Performance Standards to provide for the peaceful and quiet enjoyment of property and to set forth regulations so that no use shall be constructed or operated so as to create a nuisance or to create any noxious, objectionable or other undesirable effect on persons or property outside said use’s lot line. Materials used and products produced shall be adequately housed, shielded or screened so that the health, safety and welfare of persons occupying the property or adjacent properties are not jeopardized.
1175.02 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 Zoning Code and not in conformance with these standards shall be brought in compliance upon discontinuance of the existing use of land, structure or building per Section 1117.05. Any change in the principal use of land, structure or building shall constitute discontinuance and be fully subject to these standards and provisions.
1175.03 NOISE.
   No activity on private property shall emit noise in excess of sound levels indicated in the table below that creates a nuisance to surrounding properties. 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 Administrator, 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
Nighttime2
55 dBA
50
55 dBA
50
55 dBA
50
Commercial
Daytime1
Nighttime2
55
50
60
50
60
50
Industrial
Daytime1
Nighttime2
55
50
60
50
70
60
1   Daytime shall be considered as the hours between 7:00 a.m. and 10:00 p.m.
2   Nighttime shall be considered as the hours after 10:00 p.m.
1175.04 EXEMPTIONS.
   (a)   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 utility equipment.
      (5)    Lawn mowers, chain saws and garden equipment.
      (6)   Home Shop Equipment
   (b)   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 minutes.
      (5)    Bells, chimes or carillons operating continuously for not more than five minutes.
      (6)   The repair of essential utility services.
      (7)    Officially sanctioned parades or other events.
1175.05 VIBRATIONS.
   Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or outside the property line of the property on which the use is located.
1175.06 GLARE.
   Any operation producing intense light or heat, including high temperature processes such as combustion or welding shall not be visible beyond any lot, shall be baffled, shielded or positioned as to extend glare away from adjacent properties or right-of-way). Furthermore, no activity on private property shall generate light that creates a nuisance to surrounding properties, as determined by the Zoning Administrator.
1175.07 ODOR.
   The emission of noxious odors beyond the lot line shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
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