A. 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 uses' 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.
B. 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 code and not in conformance with these standards shall be brought in full compliance immediately upon discontinuance of the existing use of land, structure or building. Any change in the principal use of land, structure or building shall constitute a discontinuance and be fully subject to these standards and provisions.
C. Noise
No activity on private property shall emit noise in excess or sound levels indicates 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 of dB(A). Measurements may be taken, at the discretion of the Building Commissioner, 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 |
MAXIMUM PERMITTED SOUND LEVELS | ||||
SOURCE PROPERTY | RECEIVING PROPERTY | |||
NOISE SOURCE | TIME | RESIDENTIAL | COMMERCIAL | INDUSTRIAL |
Residential | Daytime
1 | 55 dBA | 55 dBA | 55 dBA |
Nighttime
2 | 50 | 50 | 50 | |
Commercial | Daytime
1 | 55 | 60 | 60 |
Nighttime
2 | 50 | 50 | 50 | |
Industrial | Daytime
1 | 55 | 60 | 70 |
Nighttime
2 | 50 | 50 | 60 | |
1
Daytime shall be considered as the hours between 7:00 a.m. and 10:00 p.m.
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2
Nighttime shall be considered as the hours after 10:00 p.m. | ||||
D. Exemptions
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.
The following noise sources shall be exempt from the noise provisions at all times:
1. Aircraft.
2. Emergency vehicles and equipment.
3. Warning devices operating continuously for not more than five (5) minutes.
4. Bells, chimes or carillons operating continuously for not more than five (5) minutes.
5. The repair of essential utility services.
6. Officially sanctioned parades or other events.
E. 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.
F. Glare
Any operation producing intense light or heat, including high temperature processes such as combustion or welding shall not be visible beyond any lot line bounding the property wherein the use is conducted. All exterior lighting on private property shall be 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 Building Commissioner.
G. Odor
No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors beyond any lot line on which the use occurs.
H. Air and Water Pollutants
The emission of air and water pollutants shall not violate the standards and regulations of any local, State or Federal agency having jurisdiction in this matter.
I. Hazardous Materials
The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulations of any local, state or federal agency having jurisdiction in this matter. Furthermore, the storage of all materials in yards or buildings must comply with the Fire Prevention Code, and all parts shall be accessible to firefighting equipment. Bulk storage of flammable liquids and gasses above ground must comply with the Fire Prevention Code.
J. Electrical Disturbances
No activity will be permitted which emits electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance and, shall comply with all applicable FCC regulations and standards.
K. Enclosures
All service and manufacturing operations shall be conducted wholly within an enclosed building and all raw materials, fuel, machinery and equipment, including trucks, used int he operations, shall be enclosed within a structure or screened by a substantially solid wall or fence of such nature and height as to conceal all operations and materials therein from the view of any observer standing at grade level at the nearest residential district line or a public street.
L. Dust and smoke
The emission of smoke, soot, fly ash, fumes, dust, and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity of deposit beyond the lot shall not be detrimental to or endanger the public health, safety, comfort, welfare, or adversely affect property values, and shall not exceed the amount permitted by other codes of the federal, state, county or city governments.
M. Waste materials
Solid waste resulting from all such operations shall be either disposed of, stored in buildings or enclosed within a wall or fence. Liquid waste shall not be discharged into an open reservoir, stream or other open body of water, or a sewer unless treated or controlled so that the amount of solid substances, oil, grease, acids, alkalines, and other chemicals shall not exceed the amount permitted by other codes of the federal, state, county or municipal governments. Such structures shall be landscaped and screened pursuant to Chapter 1294, Landscaping and Buffering.
N. Screening of Industrial Uses
In order to provide protective screening and buffers for residential areas adjacent to nonresidential areas, the Planning Commission shall require a wall, fence or greenbelt (or combination thereof) to be provided by the nonresidential property owner in accordance with the following:
1. Screening areas shall be provided for the purpose of minimizing the impact between incompatible land uses and improving the aesthetic and functional quality of new development.
2. Where vegetative and/or topographic conditions that provide a natural buffer and screening exist prior to development of properties in question, every effort shall be made to retain such conditions. In such cases, additional screening and buffering may not be required, provided that provision is made for maintenance of such areas.
3. When any manufacturing land use is proposed to abut a residential district and a bufferyard or screening is required, a minimum bufferyard shall be established of one of the following unless modified by the Planning Commission:
a. A wall or fence six (6) to eight (8) feet in height shall be erected at the nonresidential property line with the finished side facing the residential property to prevent viewing of the property. Space shall be required between the fence and property line for plantings which form a permanent landscaped area; or
b. A greenbelt strip shall be erected along the property line of at least ten (10) feet and not more than twenty (20) feet in width. Such greenbelt shall be planted and maintained with evergreens or hedges such as spruce, pine or firs at least five feet in height at planting. Such plantings shall be situated so as to provide an effective and permanent visual buffer.
All portions of the buffer areas shall be properly maintained and all plantings shall be kept in a neat and orderly fashion and in a healthy growing condition.
(Ord. 2000-128. Passed 12-6-00.)