Beacon City Zoning Code
ARTICLE IV
Performance Standards
§ 223-27 Conformance required.
No nonresidential use shall hereafter be maintained, established, altered, moved or expanded unless it complies with the performance standards set forth in this article. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy. Central utility systems serving three or more dwelling units, including but not limited to systems providing heat, water, air conditioning and electric power, shall be deemed to be nonresidential uses for the purposes of this section.
§ 223-28 Purposes.
Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of business and industrial uses so as to:
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutant outside the building in which the use is conducted.
Control noise perceptible beyond the boundaries of the site of the use.
Prevent the discharge of untreated or insufficiently treated wastes into any watercourse.
Prevent the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.
Prevent physical hazard by reason of fire, explosion, radiation or any similar cause.
Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion and excessive noise in the streets.
§ 223-29 (Reserved) [1]
[1]
Editor's Note: Former § 223-29, Noise, was repealed 12-9-2019 by L.L. No. 13-2019.
§ 223-30 Vibration.
Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the City Engineer shall be employed.
Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:
Vibration Displacement (inches) | |||
|---|---|---|---|
Frequency (cycles per second) | Steady-State | Impact | |
Under 10 | 0.0005 | 0.0010 | |
10 to 19 | .0004 | .0008 | |
20 to 29 | .0003 | .0006 | |
30 to 39 | .0002 | .0004 | |
40 and over | .0001 | .0002 | |
§ 223-31 Smoke, dust and other atmospheric pollutants.
General control. The emission of smoke and other particulate matter shall not be permitted, regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort or a source of damage to property.
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour or, if less than an hour, until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
Maximum permitted emission of dust.
The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pound of dust per thousand pounds of flue gas adjusted to 50% excess air for combustion.
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
All properties shall be suitably improved and maintained with appropriate landscaping and paving or other type of improvement so that there will be no measurable windblown dust or other similar types of air pollution created.
§ 223-32 Discernible odors.
No land use shall be permitted which emits any discernible odor outside the building in which the use is conducted.
§ 223-33 Toxic or noxious matter.
No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.
§ 223-34 Radioactive materials.
The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Atomic Energy Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, as amended, and in accordance with any other applicable laws or regulations.
§ 223-35 Electromagnetic interference.
No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the City.
§ 223-36 Fire and explosive hazards.
No storage or manufacture of explosives or solid materials or solid products which burn actively or which have a low ignition temperature, a high rate of burning or create great heat, under ordinary temperature conditions, shall be permitted.
§ 223-37 Heat.
There shall be no emission of heat which would cause a temperature increase in excess of one degree Fahrenheit along any adjoining lot line, whether such change be in the air, in the ground or in any watercourse or water body.
§ 223-38 Liquid or solid wastes.
The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Department of Health, the New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and as to discourage the breeding of rodents or insects.
§ 223-39 Vehicular traffic.
No nonresidential use shall be permitted where it is determined by the City Council that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which may be expected to interfere with the maintenance of air-quality standards established by the United States Environmental Protection Administration, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction due to the design or capacity of the state or highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses or other factors affecting air pollution arising from mobile source activity.
§ 223-40 Application procedure for uses subject to standards.
In the case of any application for the establishment of a use subject to the performance standards, the Planning Board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.
If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.
During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.
§ 223-41 Enforcement.
If, in the judgment of the Building Inspector or of the City Council, there is a violation of the performance standards:
The Building Inspector shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Building Inspector within a reasonable time limit set by said Inspector. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Building Inspector within the time limit constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that, if a violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of determination will be borne by the City.
If, within the time limit set, there is no reply, but the alleged violation is corrected to the satisfaction of the Building Inspector, he shall note "Violation Corrected" on his copy of the notice and shall retain it among his records.
If there is no reply within the time limit set (thus establishing admission of a violation of this chapter) and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he shall proceed to take action in accordance with § 223-53 of this chapter.