§ 52-35. Performance standards.

(a)

In any district no land shall be used in any manner other than in compliance with the performance standards herein set forth:

(1)

Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply.

(2)

Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. All applicable state and federal regulations shall be complied with.

(3)

Noise. At the points of measurement specified in subsection (b), the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table 1, after applying the correction as shown in Table 2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard sound level meters for measurement of noise and other sounds, Z 24. 3-1944, American Standards Association, Inc., New York, N.Y., and American Standard specifications for an octave-band filter set for the analysis of noise and other sounds, Z 24-10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used).

TABLE 1

Frequency ranges containing Standard Octave Bands in cycles per second	Octave Band sound Pressure Level in decibels re 0.0002 dyne/cm
20—300	60
300—2400	40
above 2400	30

 

If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table 2 shall be applied to the octave band levels given in Table 1.

TABLE 2

Correction in

Type or location of operation or character of noise     decibels 

1.

Daytime operation only ..... 5  

2.

Noise source operates less than:

(a)

20% of any one-hour period ..... 5  

(b)

5% of any one-hour period ..... 10  

3.

Noise of impulsive character (hammering, etc.) ..... -5  

4.

Noise of periodic character (hum, screech, etc.) ..... -5  

5.

Property is located in one of the following zoning districts and is not within 500 feet of any R district :

(a)

C-C, C-OU, C-W or M-FW district ..... 5  

(b)

M-L, M-H, or F district ..... 10  

Apply one of these corrections only

A district designated for future residential development in the plan.

(4)

Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in subsection (b).

(5)

Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in subsection (b). This restriction shall not apply to signs otherwise permitted by the provisions of this ordinance.

(6)

Liquid or solid wastes. No discharge at any point into any public sewer, private sewer disposal system, or stream, or into the ground, except in accord with standards approved by the State Department of Health or standards equivalent to those approved by such department for similar uses, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements.

(b)

In order to determine if actual violations are involved, certain measurements are necessary for the enforcement of performance standards herein set forth pertaining to noise, vibration and glare. These measurements are as follows:

(1)

Twenty-five (25) feet from the source of origin at the closest lot line in any district except the M-L, M-H and F districts.

(2)

In M-L, M-H and F districts, five hundred (500) feet from the source of origin or at the closest district boundary, or anywhere within an adjacent district other than M-L, M-H or F.

(c)

Qualified expert consultants may be employed for analysis if, in the opinion of the building inspector, the proposed uses may cause dangerous or objectionable emissions. These reports shall be presented in due process and without delay with a copy for the applicant.

(d)

Within thirty (30) days of receipt of application or in case of a required expert consultant report, within a reasonable and mutually agreed upon period, the application shall be reviewed by the city council, after which the building permit shall be issued, refused, or granted subject to modification of plans.

(e)

In case of alleged violations of performance standards, the building inspector shall investigate and report to the city council on any deviations from the performance standards. The city council shall analyze the report with the help of qualified experts, and after public hearing shall determine whether or not a violation is established otherwise by the city.

(Ord. No. 1872, §§ 1, 2, 11-20-69)