A. Purpose And Intent: The purposes and intent of this section are to establish performance standards that ensure developments and land uses do not become dangerous or objectionable to neighbors or the general community. It is the purpose and intent of this section that all land uses and related activities are maintained and operated to avoid detracting from the health, safety and welfare of the citizens of Sidney.
B. Air Quality: Dust, ash, vapors, fumes, gasses or other forms of air pollution shall not be emitted from any development to an extent that can cause damage to the health of people, animals or vegetation or can degrade neighboring property.
C. Combustibles And Explosives: The storage of combustible and explosive materials shall comply with applicable standards of the applicable Fire Code and the applicable Building Codes.
D. Hazardous Materials Storage:
1. State, Federal Regulations: Development that proposes to generate, handle or store hazardous materials shall comply with all applicable State and Federal regulations and standards. When a proposed development requires a State or Federal permit, the applicant shall include in the application for a City permit copies of the applicable permits to demonstrate compliance with the State or Federal regulations.
2. Other City Codes: Development that proposes to generate, handle or store hazardous materials shall comply with all applicable regulations and standards in the currently adopted Building Code and Fire Prevention and Safety Code. When a proposed development requires approval for such activities under these additional codes, the applicant shall include in the application for a City permit copies of the applicable permits or plans that demonstrate compliance with the codes.
E. Noise:
1. Noise Levels: Developments and land uses shall not create noises that exceed the levels established below.
NOISE LEVELS
Zoning District In Which The Sound Is Generated | Maximum Sound Level | Quiet Hours |
R-1, R-2, R-3 | 65 dBA | Reduce to 55 dBA from 10:00 P.M. to 6:00 A.M. |
C-1, C-2, C-3 | 70 dBA | Reduce to 60 dBA from 10:00 P.M. to 6:00 A.M. |
B-1, B-2 | 80 dBA | Reduce to 70 dBA from 12:00 midnight to 7:00 A.M. |
B-3, CLM | 85 dBA | Reduce to 75 dBA from 12:00 midnight to 7:00 A.M. |
M-I, AS | 95 dBA | Reduce to 85 dBA from 10:00 P.M. to 6:00 A.M. |
2. Exceptions: Notwithstanding the noise limitations established, exceptions to this subsection are:
a. During all hours the following items are exempt: emergency vehicle safety and warning signals, other safety and warning signals and devices, aircraft operations at the airport and hospital, vehicles with legal and properly functioning exhaust systems, those noise generators that in the opinion of the Zoning Administrator or law enforcement personnel meet the intent of this section, and limited temporary noises that occur for fifteen (15) minutes or less.
b. During non-quiet hours the following items are exempt: home appliances, chain saws, lawn mowers and snow blowers in private use, those noise generators that in the opinion of the Zoning Administrator or law enforcement personnel meet the intent of this section, and limited temporary noises that occur for fifteen (15) minutes or less.
c. The City Council may grant waivers for special events (parades, street dances, grand openings, 4th of July celebrations, etc.) or via the conditional use permit or use of City owned lands approval process. All such waivers shall be in writing and on the property where the exemption is applicable.
d. Construction activities are exempt from the maximum sound level for any given district from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M.
3. Measurement: Noise levels shall be measured at the property line of the development or land use generating the noise and shall be measured with a sound meter.
F. Junk Vehicles:
1. Certification: The Zoning Administrator or designee may inspect and certify that a vehicle meets the requirements of a junk vehicle. Such certification shall be in writing and shall record the make of the vehicle, the vehicle identification number, or license plate number of the vehicle if available. The certifying individual shall also describe any vehicle damage, any missing equipment, or condition of the vehicle, and shall also verify that the value of the junk vehicle is equivalent only to the approximate value of the scrap in it.
2. Violation: It shall be unlawful to park or store junk vehicles on private property. Such a violation shall be deemed a nuisance subject to abatement including fines, fees and/or removal of vehicle from property.
3. Exceptions: The provisions of this section relating to junk vehicles shall not apply to a vehicle or part thereof which: a) is not visible from the street or other public or private property; or b) is stored or parked in a lawful manner on fenced private property in connection with the business of a licensed bulk hauler, tow truck operator, dismantler, repair facility, or motor vehicle dealer. (Ord. 567, 3-20-2017)