After the effective date of this ordinance, any use established or changed to, and any building, structure or tract of land developed, constructed or used for, any permitted or permissible principal or accessory uses in all zones shall comply with all of the performance standards herein set forth for the district involved. If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards for the district involved shall apply with respect to such extended, enlarged or reconstructed portion or portions of such use or building or other structure.

   (A)   Except as otherwise specified herein, compliance with the provisions of this article shall be according to the following time schedule.

      (1)   All new installations shall comply as of going into operation.

      (2)   All existing installations not in compliance as of the effective date of the ordinance shall be in compliance within one calendar year of the effective date of the ordinance unless the owner or person responsible for the operation of the installation shall have submitted to the Planning Commission in a form and manner satisfactory to the Planning Commission, a program and schedule for achieving compliance, such program and schedule to contain a date on or before which full compliance will be attained and such other information as the Planning Commission may require. If approved by the Planning Commission, such date will be the date on which the person shall comply.

   (B)   The Planning Commission may require person(s) submitting such program to submit subsequent periodic reports on progress in achieving compliance.

   The sum total of the effects of concurrent operations on two or more lots should not be greater or more offensive to the senses than the standards contained herein. Compliance with the provision of these performance standards by single or mutual changes in operational levels, scheduling of operations and other adjustments is permitted.

   (A)   Building enclosures. Every use permitted in all zones shall be operated in its entirety within a completely enclosed building.

   (B)   Landscaping.

      (1)   All required yards shall either be open landscaped and grassed areas or be left in a natural state if acceptable to the Planning Commission. If said area is to be landscaped, it shall be landscaped attractively with lawn, trees, shrubs and the like according to the initially submitted plans which were first approved of for the development of such tract as a permitted use and in accordance with Article 10 of this ordinance.

      (2)   In areas to be used for off-street parking, the parking arrangement and surfacing must likewise have been approved of for the development of such tract as permitted use. Any landscaped areas shall be properly maintained thereafter in a slightly and well-kept condition. Parking areas shall likewise be maintained in good condition. Any areas left in a natural state shall be properly maintained in a well-kept condition.

   (C)   Noise.

      (1)   For the purpose of measuring the intensity and frequencies of a sound, a sound-level meter and an octave-band analyzer shall be employed that conforms to specifications published by the American Standards Association (American Standard South-Level Meter for Measurement of Noise and other Sounds Z24.3 - 1944, and American Standard Specifications for an Octave Band-Filter Set for the Analysis of Noise and Other Sounds, Z24.10 - 1953, American Standards Association, Inc., New York, New York, or the latest edition of such standards, shall be used). In the enforcement of the regulation, noises produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel level. The sound pressure of noise radiated from any activity shall not exceed the value given in the first two tables under division (C)(3) below, in any octave band frequency at any point on or beyond any lot line. If the noise is not smooth and continuous, one or more of the corrections in the second table under division (C)(3) below shall be added or subtracted from each of the decibel levels given in the first table under division (C)(3) below.

      (2)   Any use that adjoins a residential district, the maximum sound pressure shall be reduced by six decibels from the maximum listed in the third table under division (C)(3) below.

      (3)   Noises shall be muffled so as not to become objectionable due to intermittence, beat, frequency or shrillness.

 

   (D)   Odorous matter. No emission of odorous matter shall be allowed in excess of ambient air quality standards as set forth by regulations adopted by the Northern Kentucky Department of Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.

   (E)   Humidity, heat or glare. Any activity producing humidity, in the form of steam or moist air or producing heat or glare, shall be carried on in such a manner that the steam, humidity, heat or glare is not perceptible at any lot line. Detailed plans for the elimination of humidity, heat or glare may be required before the issuance of a building permit.

   (F)   Exterior lighting. Any lights used for exterior illumination, except for overhead street lighting and warning, or traffic signals shall direct light away from the adjoining zones. See Article 5, § 5.0(P)(2) of this ordinance.

   (G)   Vibration. Vibrations shall be measured at the lot line. No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour. Vibration shall not produce, at any time, an acceleration so more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the “safe” range of Table 7, United States Bureau of Mines Bulletin, No. 442, “Seismic Efforts of Quarry Blasting”, on any structure. The methods and equations of said Bulletin No. 442, or any subsequent revision or amendment thereto, shall be used to compute all values for the elimination of vibrations may be required before the issuance of any building permit.

   (H)   Emissions and open burning. No emission of particulate matter, sulfur compound, carbon monoxide, hydro-carbon, nitrogen oxide and open burning shall be allowed in excess of regulations adopted by the Kentucky Department for Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.

   (I)   Radiation. All sources of ionizing radiation shall be registered or licensed by the Kentucky Department of Health and operated in accordance with their regulations.

   (J)   Electrical radiation. Any electrical radiation shall not adversely affect, at any point on or beyond the lot line, any operation or equipment other than those of the creation of the radiation. Avoidance of adverse effects from electrical by appropriate single or mutual scheduling of operations is permitted.

   (K)   Storage. No material, products or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon.

   (L)   Fire and explosive hazards. Storage, utilization or manufacture of solid materials or products including free burning and intense burning is not permitted. The storage, utilization of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted; provided that. storage, handling and use shall be in accordance with Standards of American Insurance Association for Storage, Handling and Use of Flammable Liquids, “American Insurance Association”, Pamphlet No. 30, June 1959, or any subsequent revision or amendment thereto.

   (M)   Waste. No waste material or refuse shall be dumped upon or permitted to remain upon any part of the part of the property outside of the buildings constructed thereon. All sewage and waste shall be treated and disposed of in such a manner so as to comply with the standards of the appropriate authority. All plans for waste disposal facilities shall be required before the issuance of any building permit.

   (N)   Mining and reclamation. All methods of operation, construction of roads, backfilling, grading, blasting, water impoundments, treatment facilities and reclamation must be in conformance with the regulations adopted by the Department for Natural Resources, Division of Mine Reclamation and Enforcement. Any excavation or processing operations shall be subject to the regulations of the state’s Water Pollution Control Commission.

   (O)   Blasting and explosives. All blasting and the use of explosives must be conducted in accordance with the regulations set forth by the Office of Mine Safety and Licensing, Division of Explosives and Blasting (pursuant to the authority of KRS 351.310 to 351.375 and 351.990) and in accordance with the Standards of Safety for Explosives, for the Commonwealth of Kentucky, prepared by the Office of Housing, Buildings and Construction, Division of Fire Prevention (pursuant to the authority of KRS 227.300).