The uses permitted in any district and uses
accessory thereto are subject to the following performance standards
and procedures.
A.
Prior to construction and operation. Any application
for a building permit for a use which shall be subject to performance
standards shall be accompanied by a sworn statement by the owner of
subject property that said use will be operated in accordance with
the performance standards set forth herein.
B.
Continued compliance. Continued compliance with performance
standards is required, and enforcement of continued compliance with
these performance standards shall be enforced by the Enforcement Officer
or Board of Trustees.
C.
Determination of violation. The Enforcement Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Board of Trustees of the occurrence or existence of a probable violation thereof. If, after public hearings on due notice, the Board finds that a violation occurred or exists, such violation shall be terminated as provided in Subsection D following.
D.
Termination of violation. All violations, as ascertained in accordance with Subsection C above, shall be terminated within 30 days of the decision of the Board or shall be deemed a separate violation for each day following and subject to fines as set forth herein, except that certain uses established before the effective date of this chapter and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by the Board.
A.
Enumeration of elements. No land or building in any
district which shall be used or occupied for any purpose shall be
operated in such a manner so as to create any dangerous, injurious,
noxious or otherwise objectionable fire, explosive or other hazard;
noise or vibration, smoke, dust, dirt or other form of air pollution,
electrical or other disturbance; glare; or other substance, condition
or element in such amount as to adversely affect the surrounding area
or premises (referred to herein as "dangerous or objectionable elements");
provided that any use permitted by this chapter may be undertaken
and maintained in Districts C-1, C-2, W-P, I-2 and MW if it conforms
to the regulations of this subsection limiting dangerous and objectionable
elements at the specified point or points of the determination of
their existence.
[Amended 1-2-1976 by L.L. No. 1-1976]
B.
Location where determinations are to be made for the
enforcement of performance standards. The determination of the existence
of any dangerous and objectionable elements shall be made at:
(1)
The point or points where such elements shall be most
apparent for fire and explosion hazards, for radioactivity and electrical
disturbances and for smoke and other forms of air pollution.
(2)
The property lines of the use creating such elements
for noise, for vibration, for glare and for odors.
A.
Radioactivity or electrical disturbance. No activities
shall be permitted which emit dangerous radioactivity or electrical
disturbances adversely affecting the operation of any equipment other
than that of the creator of such disturbance. All applicable federal
regulations shall be complied with.
B.
Noise.
(1)
At the points of measurement specified in § 250-25B, the maximum sound-pressure level radiated in each standard octave band by any use or facility shall not exceed the values for octave bands lying within the several frequency limits given in Table I. 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, Inc., New York, New York (American Standards 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-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used).
|
Table I
| ||
|---|---|---|
|
Fluency Ranges Containing Standard Octave
Bands in Cycles Per Second
|
Octave Band Sound Pressure Level in Decibels
re 0.0002 dyne/cm
| |
|
20 to 75
|
65
| |
|
75 to 150
|
55
| |
|
150 to 300
|
50
| |
|
300 to 600
|
45
| |
|
600 to 1,200
|
40
| |
|
1,200 to 2,400
|
40
| |
|
35
| ||
(2)
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 II shall be applied to the octave band
levels in Table I.
|
Table II
| |||
|---|---|---|---|
|
Type or Location of Operation or Character
of Noise
|
Correction
(decibels)
| ||
|
Daytime operation only
|
+5
| ||
|
Noise source operated less than*
| |||
|
20% of any 1-hour period
|
+5
| ||
|
5% of any 1-hour period
|
+10
| ||
|
Noise of impulsive character (hammering, etc.)
|
-5
| ||
|
Noise of periodic character (hum, screech, etc.)
|
-5
| ||
|
*Note: Apply one of these corrections only.
|
C.
Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 250-25B.
D.
Glare. No direct or sky-reflected glare shall be permitted, 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 § 250-25B.
E.
Smoke. No emission shall be permitted from any chimney
or otherwise of visible gray smoke of a shade equal to or darker than
No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill
Publishing Company, Inc., copyright 1954 (being a direct facsimile
reduction of a standard Ringelmann Chart as issued by the United States
Bureau of Mines), except that visible gray smoke of a shade equal
to No. 3 on said chart may be emitted for four minutes in any 30 minutes.
F.
Odors. No emission shall be permitted of odorous gases
or other odorous matter in such quantities as to be readily detectable
at the property line of the zone lot from which they are emitted without
instruments.
G.
Other forms of air pollution. No emission of fly ash,
dust, fumes, vapors, gases or other forms of air pollution shall be
permitted which causes any damage to health, to animal, vegetation
or other forms of property or which causes any excessive soiling.
