Any use established in a Research-Office, Commercial Service or General Industrial District, after the effective date of this Zoning Code, shall comply with the performance standards set forth hereinafter for the district in which such use shall be located, as a condition precedent to occupancy and use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with or further conflict with the performance standards set forth hereinafter for the district in which such use is located as a condition precedent to further use. Statements in writing may be required from the owner by the Planning Commission indicating that such uses comply or will comply with such performance standards.
(a) Administration and Enforcement.
(1) Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this Zoning Code that:
A. Where determination can be made by the Building Inspector, using equipment normally available to the City, such determinations shall be so made before notice of a violation is issued.
B. In cases where technical complexity of extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, the City shall select and arrange for an independent survey by a professional engineer qualified in the particular field, and the costs for the services shall be paid by the owner.
(2) If the Building Inspector finds, after making determinations in the manner set forth in this section, that there is violation of performance standards, he or she shall take or cause to be taken lawful action to cause correction to within the limits set by such performance standards. Failure to comply with such action shall result in the assessment of a penalty, in accordance with Section 1262.99(h).
(b) Conformance Required. All uses within the City shall conform to the performance standards set forth herein.
(1) Enclosure. All permitted main and accessory uses and operations, except off-street parking, shall be performed wholly within an enclosed building or buildings in any Research-Office, Commercial Service or General Industrial District. All raw materials, finished products and mobile and other equipment shall be stored within enclosed buildings in any Research-Office or Commercial Service District, and within enclosed walls or fencing so as not to be visible from adjacent properties in any General Industrial District.
(2) Fire and explosive hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion, as well as with adequate fire-fighting and suppression equipment and devices standard to the operation involved.
(3) Smoke, dust, dirt and fly ash. It shall be unlawful to discharge into the atmosphere, from any single source of emission whatsoever, any air contaminator, for a period or periods aggregating more than four minutes in any one-half hour, which contaminator is:
A. As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart. The Ringelmann Chart, as published by the United States Bureau of Mines, which is hereby made a part of this section, shall be the standard. However, the Umbrascope readings of smoke densities may be used when correlated with the Ringelmann Chart. A Ringelmann Chart shall be on file in the office of the administrative official.
B. Of such opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in paragraph (b)(3)A. hereof, except when the emission consists only of water vapor.
The quantity of gas-borne or air-borne solids shall not exceed two-tenths grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.
(4) Drifted and blown material. The drifting or air-borne transmission beyond the lot line of dust, particles or debris from any open stock pile shall be unlawful and may be summarily caused to be abated.
(5) Odor. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air, or such as to produce a public nuisance or hazard beyond lot lines, is prohibited.
(6) Toxic or noxious matter. The emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health, at or beyond the boundaries of the lot occupied by the use, shall not be permitted.
(7) Noise standards.
A. Method of measurement. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Bank Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York).
B. Locational requirements for measurement. Sound levels shall be measured along the boundaries of the site
C. Permitted sound levels. Sound levels will be in accordance with Chapter 634 of these Codified Ordinances. The standards shall apply to all noises, due to intermittence, beat frequency or shrillness.
(8) Vibration standards.
A. Requirements. All uses shall be controlled to prevent the transmission of any vibration, from any source or at any time whatever, that exceeds the maximum displacement set forth in paragraph (b)(8)D. hereof.
B. Method of measurement. The displacement of earth caused by vibration shall be measured in inches by an appropriate instrument approved by Council upon recommendation of the City Engineer.
C. Locational requirement. Vibration shall be measured as specified along the boundaries of the site.
D. Permitted vibration transmissions.
Frequency Maximum Permitted Displacement Along the
(hertz per sec.) Abutting Zoning District (in.)
0 to 10 .0008
10 to 20 .0005
20 to 30 .0002
30 to 40 .0002
Over 40 .0001
(9) Radioactive and hazardous materials. Radioactive materials shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards or its successor.
(10) Electromagnetic radiation. Applicable rules and regulations of the Federal Communications Commission in regard to propagation of electromagnetic radiation are hereby made a part of this section and shall be on file in the office of the administrative official.
(11) Glare and heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.
(12) Light. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window and shall be so arranged, as far as practical, to reflect light away from any residential use.
(13) Incineration facilities. Incineration facilities emitting neither smoke nor odor shall be provided and located within the main or accessory building. No garbage, rubbish, waste matter or empty containers shall be permitted outside of buildings, except in approved containers awaiting pickup.
(14) Waste materials. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water or sewer, unless they are treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals shall not exceed the amount permitted by other codes of the State, County or City of North Royalton.
(Ord. 1988-174. Passed 10-17-88.)