(A) Purpose and intent. The following performance standards are established for the purpose of minimizing any negative impacts caused by a land use on adjacent land uses.
(B) Applicability. Any use, whether existing or hereafter established in the village or within its extraterritorial jurisdiction (see § 154.002) shall comply with the performance standards of this section.
(C) Performance standards.
(1) Hazardous conditions. Every use shall be so operated as to comply with the applicable standards and enforcement provisions contained in the most current Building Code and Fire Prevention Code, as adopted by the village.
(2) Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot lines of the property on which the use is located.
(3) Noise; measurement; sounds.
(a) Noise. The sound pressure level, to be measured as described below, shall not exceed the following decibels (dB) in the various octave bands when adjacent to the designated types of use districts.
Octave Band (cycles per second) | Sound Level in Decibels (dB) | |
All Dwelling Districts | All Business Districts | |
Octave Band (cycles per second) | Sound Level in Decibels (dB) | |
All Dwelling Districts | All Business Districts | |
37.5 to 75 | 58 | 73 |
75 to 150 | 54 | 69 |
150 to 300 | 50 | 65 |
300 to 600 | 46 | 61 |
600 to 1,200 | 40 | 55 |
1,200 to 2,400 | 33 | 48 |
2,400 to 4,800 | 26 | 41 |
over 4,800 | 20 | 35 |
(b) Method of measurement.
1. Measurements are to be made at the property line of sound source that is adjacent to a dwelling or business property located within a dwelling or business district.
2. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American National Standards Institute, Inc.
(c) Intermittent sounds. Intermittent sounds that normally would be objectionable within residential areas (such as, exterior paging system) shall be controlled so as not to become a nuisance to a residential area.
(4) Odor and waste. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, refuse, water-carried waste, pollutants, or other matter which in any manner creates a nuisance beyond the property line of a particular use.
(5) Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.
(6) Exterior lighting. Lighting within any property that unnecessarily illuminates another property and interferes with the use and enjoyment of such other property is prohibited. In furtherance of this requirement, all lighting on a lot shall be so arranged or designed using cut-off lenses as necessary to direct light away adjoining properties or streets. Flood and spot lights shall be shielded when necessary to prevent glare on adjoining properties and streets.
(D) Enforcement of performance standards.
(1) Whenever, in the opinion of the Enforcement Officer, there is a reasonable probability that any use or occupancy violates these performance standards, he or she is hereby authorized to employ qualified professionals or technicians to perform whatever investigations and analyses in order to make a determination on whether or not a violation exists.
(2) (a) In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the professionals and/or technicians employed to perform such investigations and analyses only if the violator has been given reasonable notice of the pending investigation and informed of the violators’ liability for the costs of such investigations and analyses.
(b) Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in § 154.999.
(Ord. 834, passed 2-1-2001) Penalty, see § 154.999