Belpre City Zoning Code
CHAPTER 1161
Performance Standards
1161.01 GENERAL APPLICATION.
Permitted and special uses enumerated in the "C" and "M" Districts and uses accessory thereto, shall be subject to the following performance standards and procedures. If the Zoning Official or the Board of Zoning Appeals has reasonable grounds for believing that any other use will violate these performance standards, such use, existing or proposed, shall also be subject to these performance standards.
(Ord. 58(72-73). Passed 11-21-73.)
1161.02 PERFORMANCE STANDARDS PROCEDURE .
(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 such 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 Zoning Official or Board of Zoning Appeals.
(c) Determination of Violation. The Zoning Official shall investigate any purported violation of performance standards, and if there is reasonable ground for the same, shall notify the Board of Zoning Appeals of the occurrence or existence of a probable violation thereof. Such Board shall investigate the alleged violation. 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) herein.
(d) Termination of Violation. All violations as ascertained in accordance with subsection (c) herein shall be terminated within thirty days of the decision of the Board of Zoning Appeals, 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 the Zoning Ordinance and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by the Board.
(Ord. 58(72-73). Passed 11-21-73.)
1161.03 REGULATION OF NUISANCE ELEMENTS.
(a) Definition of Elements. No land or building in any "C" or "M" District which is used or occupied for heavy commercial or manufacturing purposes shall be operated in such a manner 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 the Zoning Ordinance may be undertaken and maintained in any "C" or "M" District if it conforms to the regulations of this Section limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.
(b) Locations Where Determinations Are to be Made for 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, 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.
(Ord. 58(72-73). Passed 11-21-73.)
1161.04 STANDARDS.
(a) Fire and Explosion Hazards. In all activities involving, and all storage of, inflammable and explosive materials, the owner or operator of such use shall provide adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of State and local laws and regulations shall also supply.
(b) Radioactivity or Electrical Disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
(c) Noise. At the points of measurement specified in Section 1161.03(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 III after applying the corrections shown in Table IV. 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, 224. 3-1944, American Standards Association, Inc., New York, N. Y., and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224. 10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.)
TABLE III
Frequency Ranges Containing Standard Octave Bands in Cycles Per Second | Octave Band Sound Pressure Level in Decibels re 0.0002 Dyne/cm2 |
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 p.m. and 7 a.m., one or more of the corrections in Table IV shall be applied to the octave band levels given in Table III.
TABLE IV
Type or Location of Operation or Character of Noise | Correction in Decibels |
Daytime operation only | 5 |
Noise source operates less than* 20% of any one-hour period 5% of any one-hour period | 5 10 |
Noise of impulsive character, hammering, etc. | -5 |
Noise of periodic character, hum, screech, etc. | -5 |
Property is located in any “C” or “M” District and is not within 500 feet measured horizontally or vertically of any “R” District | 5 (C-2) 10 (M-1) |
* Apply one of these corrections only.
(d) Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in Section 1161.03(b).
(e) 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 Section 1161.03(b). This restriction shall not apply to signs otherwise permitted by the provisions of the Zoning Ordinance.
(f) Smoke. No emission of visible grey smoke shall be permitted, from any chimney or otherwise, which smoke is of a shade equal to or darker than No. 2 of the Power's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Co., Inc., and copyrighted 1954 (being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on such chart may be emitted for four minutes in any thirty minutes.
(g) 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.
(h) Other Forms of Air Pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation or other forms of property, or which can cause any excessive
soiling. (Ord. 58(72-73). Passed 11-21-73.)
CODIFIED ORDINANCES OF BELPRE