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(A) Scope and applicability. All new uses established after the effective date of this chapter shall comply with the following performance standards. Any use in existence prior to the date of this chapter shall not be altered or modified so as to conflict with the following performance standards.
(B) Performance standards.
(1) Vibration. No use shall cause earth vibration or concussions detectible beyond the lot lines without the aid of instruments.
(2) Smoke, dust and particulate matter. Smoke, dust and particulate matter and any other airborne material shall not exceed the limits established by the state’s Department of Environmental Management Rules regarding fugitive dust.
(3) Noxious matter. No use shall discharge across lot lines any noxious, toxic or corrosive matter, fumes or gases in such concentration as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(4) Odor. No use shall emit across lot lines odors in such quantities as to be readily detectible at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(a) No use shall produce noise in such a manner as to endanger the public health, safety or welfare or cause injury to property. Operational or production noise shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
(b) 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. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed; provided that, such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured; for the purposes of this section, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels (dB). Noises incapable of being so measured, such as those of an irregular and intermittent, shall be controlled so as not to become a nuisance to adjacent uses.
(c) At no point on the boundary of an R district, special use district, business district, or industrial district shall the sound pressure level of any operation or plant, other than background noises produced by sources not under control of this section, such as the operation of motor vehicles or other transportation facilities, exceed the decibel (dB) limits in the octave bands designated as follows.
Octave Band Frequency (Cycles per Second)
Along Residential or Special Along Business or Industrial Use District Boundaries (dB)
District Boundaries (dB)
0 to 74
75 to 150
151 to 300
301 to 600
601 to 1,200
1,201 to 2,400
2,401 to 4,800
(6) Heat. No use shall produce heat creating a hazard perceptible from any point beyond the lot lines.
(7) Light/glare. See § 194.113.
(8) Waste. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the county’s Health Department, the state’s Board of Health, the Stream Pollution Control Board of the state, in such a manner as to endanger the public health, safety or welfare or cause injury to property.
(Ord. 2000-16, passed 8-28-2000, § 3.10; Ord. 2016-04, passed 4-5-2016)