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Newport, KY Code of Ordinances
CITY OF NEWPORT, KENTUCKY CODE OF ORDINANCES
PREFACE
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MISCELLANEOUS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 11.1 EFFECTS OF CONCURRENT OPERATIONS:
The sum total of the effects of concurrent operations on two or more lots should not be greater or more offensive to the senses than the standards contained herein. Compliance with the provision of these performance standards by single or mutual changes in operational levels, scheduling of operations, and other adjustments is permitted.
   A.   BUILDING ENCLOSURES: Every use permitted in the I 1 Industrial District shall be operated in its entirety within a completely enclosed building. In the I 2 Industrial District, permitted uses shall be operated either within a completely enclosed building or within an area enclosed on all sides by a solid noncombustible fence or wall, as regulated by Article XII of this Ordinance; provided further, that no goods, material or objects shall be stacked higher than the fence or wall.
   B.   LANDSCAPING: In the I 1 or I 2 Districts, all required yards shall either be open landscaped and grassed areas to be left in a natural state if acceptable to the Planning and Zoning Commission. If said area is to be landscaped, it shall be landscaped attractively with lawn, trees, shrubs, etc. according to the initial submitted plans which were first approved of for the development of such tract as a permitted use.
      In areas to be used for off street parking, the parking arrangement and surfacing must likewise have been approved of for the development of such tract as permitted use. Any landscaped areas shall be properly maintained thereafter in a slightly and well kept condition. Parking areas shall likewise be maintained in good condition. Any areas left in a natural state shall be properly maintained in a well-kept condition.
   C.   NOISE: For the purpose of measuring the intensity and frequencies of a sound, a sound level meter and an octave band analyzer shall be employed that conforms to specifications published by the American Standards Association (American Standard South Level Meter for Measurement of Noise and other Sounds Z24.3 1944, and American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10 1953, American Standards Association, Inc., New York, New York, or the latest edition of such standards, shall be used.) In the enforcement of the regulation, noises produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel level. In the I 1 District the sound pressure of noise radiated from any activity shall not exceed the value given in Table 10 of this section, in any octave band frequency at any point on or beyond any lot line.
      In the I 1 District the sound pressure of noise radiated from any activity shall not exceed the values given in Table 11 of this section in any octave band frequency at any point on or beyond any lot line. If the I 1 District adjoins a residential district the maximum sound pressure level at any point on the district boundary shall be reduced by six (6) decibels from the maximum listed in Table 10.
      In the I 2 District the sound pressure of noise radiated from any activity shall not exceed the value given in Table 11 of this section in any octave band frequency at any point on or beyond the nearest district boundary. If an I 2 District adjoins a residential district, the maximum sound pressure level starting point at the district boundary shall be reduced by six (6) decibels from the maximum listed in Table 11 of this section.
      In the I 1, and I 2 Districts industrial noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency, or shrillness.
   D.   ODOROUS MATTER: No emission of odorous matter shall be allowed in excess of ambient air quality standards as set forth by regulations adopted by the Kentucky Department for Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.
TABLE 10
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVEL AT SPECIFIED POINTS OF MEASUREMENT FOR NOISE RADIATED CONTINUOUSLY FROM A FACILITY
OCTAVE BAND
(CYCLES PER SECOND)
SOUND PRESSURE LEVEL
(DECIBEL*)
TABLE 10
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVEL AT SPECIFIED POINTS OF MEASUREMENT FOR NOISE RADIATED CONTINUOUSLY FROM A FACILITY
OCTAVE BAND
(CYCLES PER SECOND)
SOUND PRESSURE LEVEL
(DECIBEL*)
20
75
69
 
75
150
54
 
150
300
47
 
300
600
41
 
600
1,200
37
 
1,200
2,400
34
 
2,400
4,800
31
 
4,800
10,000
28
 
10,000
20,000
26)
To avoid possible interference with animal experiments
20,000
30,000
25)
30,000
40,000
24)
 
40,000
50,000
23)
 
 
 
 
 
*   According to the following formula Sound Pressure Level in Decibels equals 10 Log where P2 equals 0.002 dynes/cm2   [P1 ¸ P2]
TABLE 11
MAXIMUM PERMITTED SOUND PRESSURE LEVEL IN DECIBELS
OCTAVE BAND
(CYCLES PER SECOND)
SOUND PRESSURE LEVEL
(DECIBEL*)
TABLE 11
MAXIMUM PERMITTED SOUND PRESSURE LEVEL IN DECIBELS
OCTAVE BAND
(CYCLES PER SECOND)
SOUND PRESSURE LEVEL
(DECIBEL*)
20
75
69
 
75
150
54
 
150
300
47
 
300
600
41
 
600
1,200
37
 
1,200
2,400
34
 
2,400
4,800
31
 
4,800
10,000
28
 
10,000
20,000
26)
To avoid possible interference with animal experiments
20,000
30,000
25)
30,000
40,000
24)
 
40,000
50,000
23)
 
 
 
 
 
*   According to the following formula Sound Pressure Level in Decibels equals 10 Log where P2 equals 0.0002 dynes/cm2   [P1 ¸ P2]
   E.   HUMIDITY, HEAT, OR GLARE: In the I 1 district, any activity producing humidity, in the form of steam or moist air or producing heat or glare, shall be carried on in such a manner that the steam, humidity, heat, or glare is not perceptible at any lot line. In the I 2 district, any activity producing heat or glare shall be carried on in such a manner that the steam, humidity, heat, or glare is not perceptible at or beyond any residential or commercial district boundary. Detailed plans for the elimination of humidity, heat, or glare may be required before the issuance of a building permit.
   F.   EXTERIOR LIGHTING: Any lights used for exterior illumination, except for overhead street lighting and warning, or traffic signals shall direct light away from the adjoining zones in the I 1 and I 2 districts.
   G.   VIBRATION: Vibrations shall be measured at the lot line in the I 1 districts and at the nearest district boundary in the I 2 district. No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour. Vibration shall not produce, at any time, an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin, No. 442, "Seismic Efforts of Quarry Blasting", on any structure. The methods and equations of said Bulletin No. 442, or any subsequent revision or amendment thereto, shall be used to compute all values for the enforcement of these provisions. Detailed plans for the elimination of vibrations may be required before the issuance of any building permit.
   H.   EMISSIONS AND OPEN BURNING: No emission of particulate matter, sulfur compound, carbon monoxide, hydrocarbon, nitrogen oxide, and open burning shall be allowed in excess of regulations adopted by the Kentucky Department for Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.
   I.   RADIATION: In the I 1, and I 2 zones, all sources of ionizing radiation shall be registered or licensed by the Kentucky State Department of Health and operated in accordance with their regulations.
   J.   ELECTRICAL RADIATION: In the I 1, and I 2 zones, any electrical radiation shall not adversely effect, at any point on or beyond the lot line, any operation or equipment other than those of the creation of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling or operations is permitted.
   K.   STORAGE: In the I 1 zone no material, products, or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon. In the I 2 zone, storage of materials, supplies, and products on the property outside the building constructed thereon is permitted at the rear of the property providing that the storage of materials, supplies, and products are within an area enclosed on all sides by a solid noncombustible fence or wall at least six (6) feet in height; provided further that no goods, materials, or objects shall be stacked higher than the fence or wall.
   L.   FIRE AND EXPLOSIVE HAZARDS: In the I 2 district only storage, utilization, or manufacture of solid materials or products including free burning and intense burning is permitted providing that said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible walls and protected throughout by an automatic fire extinguishing system. In the I 2 district only, the storage, utilization, or manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted, provided that storage, handling, and use shall be in accordance with Standards of American Insurance Association for Storage, Handling, and Use of Flammable Liquids, "American Insurance Association" Pamphlet No. 30, June, 1959 or any subsequent revision or amendment thereto.
   M.   WASTE: Within the I 1 and I 2 districts, no waste material or refuse shall be dumped upon or permitted to remain upon any part of the part of the property outside of the buildings constructed thereon. All sewage and industrial waste shall be treated and disposed of in such manner so as to comply with the standards of the appropriate authority. All plans for waste disposal facilities shall be required before the issuance of any building permit.
ARTICLE XII
FENCES, WALLS, AND OBSTRUCTIONS TO VIEW REGULATIONS
SECTION 12.0 VISION CLEARANCE AT CORNERS AND RAILROAD CROSSINGS:
   No fence, wall, hedge, or other structure or other obstruction above a height of thirty six (36) inches as measured above the curb level shall be erected, placed, maintained or continued in any zone within that triangular portion of a corner lot formed by measuring ten (10) feet from the intersection of the rights of way line or two (2) streets or fifty (50) feet of the right of way line of a street intersection with a railroad right of way line and joining these points with a straight line; except in the CBD zone which shall be controlled by the minimum setback requirements. No type of tree or planting or other obstruction shall be planted, placed, maintained or continued in such a manner which would obstruct the vision clearance at corners and railroad crossings.
SECTION 12.1 CLASSIFICATION OF FENCES AND WALLS:
   The following shall be the classification of fences and walls for this Ordinance:
      1.   Masonry walls
      2.   Ornamental iron (eighty percent (80%) open).
      3.   Woven wire (eighty percent (80%) open).
      4.   Wood or other materials (more than fifty percent (50%) open).
      5.   Solid fences wood or other materials (less than fifty percent (50%) open).
      6.   Hedges
      7.   Barbed wire or sharp, pointed fences.
      8.   Earthen or concrete walls intended to contain or redirect flooding waters.
SECTION 12.2 CONSERVATION ZONE:
   Fences and/or walls within the conservation zone shall conform to the following requirements:
      1.   Section 12.0 except that in front yards class 2 or 3 fences may be erected up to maximum height of sixty (60) inches.
      2.   Side and rear yard, class 1, 2, 3, 4, 5, 6, or 7 fences and/or walls may be erected up to a maximum height of ninety six (96) inches.
      3.   Class 8 walls shall be permitted but shall conform to requirements of the Corps of Engineers and/or City engineer, whichever is applicable.
SECTION 12.3 RESIDENTIAL ZONES:
   Fences and/or walls within the R-1, R-2, R-3, R-4, and R-5 Zones shall conform to the following requirements:
      1.   SECTION 12.0 and the requirements set forth below for residential uses only.
         a.   The use of Class 7 and/or Class 8 fences shall be prohibited on any residential property.
         b.   The use of Class 1, Class 3 and/or Class 5 fences shall be prohibited in any required front yard.
         c.   No fence located in a required front yard shall exceed thirty-six (36) inches in height.
         d.   No fence located in a required side or rear yard shall exceed eighty-four (84) inches in height.
         e.   For the purposes of these regulations, a fence located along any portion of a residential property abutting a public right-of-way (except along an "alley") shall not be greater than thirty-six (36) inches in height.
      2.   For all nonresidential uses permitted or conditional uses permitted herein:
         a.   SECTION 12.0, except that in front yards, Class 2 or 3 fences may be erected up to a maximum height of seventy-two (72) inches.
         b.   Side or rear yards, Class 1, 2, 3, 4, 5, 6, or 7 fences or walls may be erected up to a maximum height of ninety six (96) inches.
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