Beverly Shores City Zoning Code
PERFORMANCE STANDARDS
§ 155.195 PURPOSE; APPLICATION.
(A) Residents of Beverly Shores have chosen to live in the community because Beverly Shores is relatively free of smoke odors, vibrations, loud noises and other irritants which often characterize a more urban environment.
(B) The purpose of these performance standards herein listed is to ensure that Beverly Shores rural character is maintained.
(C) The performance standards of this subchapter are part of the general standards of this chapter.
(Ord. 208, passed 12-19-1983)
§ 155.196 PROCEDURE FOR OBTAINING A PERMIT.
(A) Before issuing any building permit or certificate of occupancy, the Building Committee shall be given detailed information by the applicant sufficient to enable the Committee to determine that all performance standards of this subchapter shall be complied with at all times.
(B) This information shall include:
(1) The extent to which the proposed use shall produce waste products, conditions or external effects which are regulated or otherwise limited by this subchapter;
(2) The type and location of any abatement devices or recording instrument used to control or measure conformity with any of the standards set forth herein; and
(3) Other data and certification as may reasonably be required by the Building Committee to reach a determination.
(C) All information and evidence submitted in or with an application for a building permit or a certificate of occupancy that the proposed use will conform with the performance standards set forth herein shall constitute a warranty and an agreement on the part of the applicant that the proposed use can and will conform to these standards at all times.
(Ord. 208, passed 12-19-1983)
§ 155.197 NOISE REGULATIONS.
(A) No operation or activity directly under the control of person, firm or corporation using property in Beverly Shores shall cause or create noise in excess of the sound level standards listed in division (B) below.
(B) At no point on the boundary of a Residential or Commercial District shall the sound pressure level of any individual operation exceed the decibel levels in any 1 of the designated octave bands shown hereafter.
Octave Band Cycles per Second
|
Maximum Permitted in Decibels Along Commercial District Boundaries | Maximum Permitted in Decibels Along Residential District Boundaries |
Octave Band Cycles per Second
|
Maximum Permitted in Decibels Along Commercial District Boundaries | Maximum Permitted in Decibels Along Residential District Boundaries |
20-75 | 79 | 72 |
75-150 | 74 | 67 |
150-300 | 66 | 59 |
300-600 | 59 | 52 |
600-1200 | 53 | 45 |
1200-2400 | 47 | 40 |
2400-4800 | 41 | 34 |
above 480 | 39 | 32 |
(C) (1) Sound levels shall be measured with a sound level meter and associated octave band analyzer manufactured according to standards prescribed and calibrated to the preferred frequencies prescribed by the American Standards Association.
(2) The flat network slow meter response of the sound level meter shall be used. Impulsive type noises shall be measured with an Impact Noise Analyzer, and the peak values so measured shall not exceed the sound pressure levels in the appropriate table by more than 3 decibels. The reference level for the decibel is 0.0002 microbar.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.198 EXEMPTIONS FROM NOISE REGULATIONS.
The following uses and activities shall be exempt from the noise level regulations:
(A) Between the hours of 7:00 a.m. and 6:00 p.m., noises customarily resulting from construction work for any activities conducted pursuant to a building permit;
(B) Between the hours of 7:00 a.m. and 7:00 p.m., noises customarily resulting from construction work, which are not subject to the requirement to obtain a building permit under § 155.059(D), and noises customarily resulting from the maintenance of grounds;
(C) The noises of safety signals, burglar alarms, emergency valves, warning devices, aircraft and railroads and snow removal; and
(D) Church bells, chimes and carillons.
(Ord. 208, passed 12-19-1983; Am. Ord. 2021-09, passed 7-20-2021)
§ 155.199 AIR POLLUTION REGULATIONS.
No operation or activity directly under the control of the property user shall cause or create air pollution in excess of the standards prescribed herein:
(A) Dust. Dust and other types of air pollution borne by the wind from sources such as storage areas, yards, driveways and roads shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting and other acceptable means;
(B) Smoke density. The emission of smoke of a density greater than No.2 on the Ringlemann Chart (as published by the United States Bureau of Mines) is prohibited except that smoke not exceeding a density of No. 3 on the Ringlemann Chart may be emitted for not to exceed 6 minutes during any 8-hour period;
(C) Odors. No emissions of odorous gases or other odorous matter shall be permitted at or beyond the lot lines in any Residential or Commercial District;
(D) Toxic or noxious matter. No emission will be permitted which would be demonstrably injurious to human health, or animal or plant life common to the region or at or beyond the lot line. Where an emission could be produced as a result of accident or equipment misfunction, adequate safeguards considered standard for safe operation in the activity involved shall be taken; and
(E) Emissions. In addition to the performance standards herein specified, the emission of smoke or particulate matter, as determined by standards accepted by the United States Environmental Protection Agency, in a manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.200 VIBRATION REGULATIONS.
No operation or activity under the control of the property user other than well drilling or railroad train operations shall cause or create vibration in excess of the limits herein permitted.
(A) Permitted vibration levels. Vibration levels may not exceed those shown in either column of the following table when measured at the lot line, or at any point in any Residential District outside the lot, respectively.
Vibration
|
Maximum Particle Velocity at Lot Line | Maximum Particle Velocity in Residential District |
Steady vibrations | 0.015 | 0.003 |
Impulsive vibrations | 0.030 | 0.006 |
Intermittent vibrations | 0.075 | 0.015 |
(B) Measurement.
(1) Vibration displacements shall be measured with an instrument capable of simultaneously measuring in 3 mutually perpendicular directions.
(2) Particle velocity is to be determined by the formula 8.2 FA, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibrations in inches.
(3) For the purposes of this chapter, STEADY VIBRATIONS are vibrations in discrete impulses more frequent than 100 per minute.
(4) Vibrations in discrete impulses which do not exceed 100 per minute but exceed 8 per 24 hours shall be considered IMPULSIVE VIBRATIONS.
(5) Vibrations in discrete impulses which do not exceed 8 per 24-hour period shall be considered INTERMITTENT.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.201 HEAT AND GLARE REGULATIONS.
No operation or activity under the control of the property user shall cause or generate heat or glare in excess of the limits provided herein:
(A) Heat. Every use and activity shall be so operated that it does not raise the ambient temperature at or beyond any lot line more than 2°F; and
(B) Glare. In addition to the standards imposed by particular use district regulations, no operation shall, between the hours of 11:00 p.m. and 6:00 a.m. cause illumination in excess of 0.05-foot candles at a point 40 feet from the street line in a Residential District.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.202 ELECTROMAGNETIC INTERFERENCE REGULATIONS.
No operation or activity under the control of the property user shall cause or create electromagnetic interference affects at any point in the operation of any equipment other than that belonging to the creator of the interference or that violates any regulation of the Federal Communications Commission.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.203 NUISANCES.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ILLUSTRATIVE ENUMERATION. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(a) Accumulation of rubbish, trash, refuse, junk or other abandoned materials, metals, lumber or other things;
(b) Any human-made condition which provides harborage for rats, mice, snakes and other vermin;
(c) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation; kept in an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof; or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
(d) All unnecessary or unauthorized noises and annoying vibrations;
(e) All disagreeable or obnoxious odors and stenches, as well as conditions, substances or other causes which give rise to the emission or generation of like odors and stenches;
(f) The carcasses of animals or fowl not disposed of within a reasonable time after death;
(g) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances;
(h) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained;
(i) Any unnatural accumulation of stagnant water permitted or maintained on any lot or piece of ground with the exception of wetlands;
(j) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities;
(k) The unauthorized obstruction of any public street, road or sidewalk; or
(l) Any abandoned vehicle, unlicensed vehicles, abandoned trailer or unlicensed trailer or boat.
NUISANCE. The doing of an unlawful act, or the omitting to perform a duty, or the suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(a) Injures or endangers the comfort, repose, health or safety of others;
(b) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
(c) In any way renders other persons insecure in life or the use of property; or
(d) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(B) Prohibited. Any person who causes, permits, maintains or allows the creation or maintenance of a nuisance shall be punishable as provided in § 155.999.
(C) Notice to abate. Whenever a nuisance is found to exist within the town, a duly designated officer of the town may give written notice to the owner or occupant of the property upon which the nuisance exists or upon the person causing or maintaining the nuisance as provided in § 155.999.
(D) Contents of notice. The notice to abate a nuisance issued under the provisions of this subchapter shall contain:
(1) An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstance;
(2) The location of the nuisance, if the same is stationary;
(3) A description of what constitutes the nuisance; and
(4) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the town may abate the nuisance and assess the cost thereof against the person.
(E) Service of notice. The notice to abate a nuisance shall be served as authorized by law and provided in § 155.999.
(F) Abatement by town. Upon failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this section to abate the same, a duly designated officer or employee of the town may proceed to abate the nuisance and shall prepare a statement of costs incurred in the abatement thereof.
(G) Recovery of town’s costs.
(1) Any and all costs incurred by the town in the abatement of a nuisance under the provisions of this section shall constitute a lien against the property upon which the nuisance existed and shall be certified by the Clerk-Treasurer to the County Auditor who shall cause the costs to be placed upon the tax duplicate of the owner(s) of the property and the costs shall then be collected from the owner as other taxes are collected.
(2) In addition, the costs shall be a debt which may be collected by the town in an appropriate civil action.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
Statutory reference:
Power of town to correct conditions which are in violation of ordinances, see I.C. 36-1-6-2
§ 155.204 ENFORCEMENT.
(A) The regulations of this subchapter shall be enforced in the same manner as all other provisions of this chapter.
(Ord. 208, passed 12-19-1983)
§ 155.205 PERFORMANCE STANDARDS.
(A) Application of performance standards. After the effective date of this chapter:
(1) Any use established or changed to, and any building, structure or land developed, constructed or used for any permitted principal use, or any use permissible as a special exception, or any accessory use, shall comply with all of the performance standards herein set for the district involved;
(2) 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 the extended, enlarged or reconstructed portion or portions of the use, building or other structures; and
(3) Within periods as listed below, all presently existing uses of lands, buildings or other structures shall comply with the performance standards herein: within a reasonable time in light of the nature of the violation in the Residential District and within 1 year in the Commercial District.
(B) Administration of performance standards; intent concerning determinations involved in administration and enforcement of performance standards.
(1) Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement.
(2) It is the intent of this chapter that:
(a) Where determination can be made by the Building Commissioner using equipment normally available to the town or obtainable without extraordinary expense, determinations shall be so made before notice of violation is issued; and
(b) Where technical complexity or extraordinary expense makes it unreasonable for the town to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations and for protecting the general public from unnecessary costs for administration and enforcement.
(C) Performance standards relating to emission of smoke, fire and explosive hazards where flash point of flammable materials is known, humidity, heat, glare and electromagnetic interference.
(1) If the Building Commissioner finds, after making determinations in the manner set forth in §§ 155.197 through 155.202 that there is violation of performance standards relating to emission of smoke, fire and explosive hazards where flash point of flammable materials is known, humidity, heat, glare or electromagnetic influence, he or she shall take or cause to be taken lawful action to cause correction to within the limits set by the performance standards.
(2) Failure to obey lawful orders concerning the correction shall be punishable as provided in § 155.065.
(D) Performance standards relating to measurement of particulate matter, vibration, noise, fire and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter and radiation hazards.
(1) If, in the considered judgment of the Building Commissioner there is probable violation of the performance standards as set forth in §§ 155.197 through 155.202 concerning emission of particulate matter, vibration, noise, fire and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter or radiation hazards the following procedure shall be followed.
(a) The Building Commissioner shall give written notice, by registered mail to the person or persons responsible for the alleged violation.
(b) The notice shall describe the particulars of the alleged violation and the reasons why the Building Commissioner believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Building Commissioner within a reasonable time limit set by the Building Commissioner, taking into account weather conditions.
(c) The notice shall state and it is hereby declared, that failure to reply or to correct the alleged violation to compliance with this chapter within the time limit set constitutes admission of violation of the terms of this chapter.
(d) The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this chapter will be made, and that if violations as alleged are found, costs of the determinations shall be charged against those responsible for the violation, in addition to other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the town.
(e) If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the Building Commissioner, he or she shall note “violation corrected”on his or her copy of the notice and shall retain it among his or her official records, taking other action as may be warranted.
(f) If there is no reply within 30 days of receiving the letter (thus establishing admission of violation) and the alleged violation is not corrected to the satisfaction of the Building Commissioner within the time limit set, he or she shall proceed to take or cause to be taken action as is warranted by continuation of a violation after notice to cease.
(g) If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Building Commissioner, but requesting additional time, the Building Commissioner may grant an extension if he or she deems it warranted in the circumstances of the case and if the extension will not, in his or her opinion, cause immediate peril to life, health or property.
(h) If reply is received within the time limit set requesting technical determination as provided in this chapter and if the alleged violations continue, the Building Commissioner may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation, in addition to other penalties as may be appropriate under the terms of § 155.065.
(2) If no violation is found, the costs of the determinations shall be paid by the town without assessment against the properties or persons involved.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.206 ESCROW DEPOSIT.
(A) When new or altered commercial use or occupancy is proposed that may, in the opinion of the Building Committee, involve a possible violation of the regulations of this subchapter, then the Building Commissioner shall, as a condition precedent to the issuing of a permit for the use or occupancy, require the deposit in escrow of $1,000 for a period of 1 year from the date of the new or altered use or occupancy.
(B) If, during the 1-year period, the Building Committee believes there is reasonable probability that the regulations of this subchapter are being violated they may employ a qualified technician or technicians to perform measurement, investigations and analysis to determine whether or not the regulations of this subchapter are being violated, and they may pay their reasonable fees out of the aforementioned escrow deposit, regardless of the outcome of the investigation.
(C) If the reasonable fees of the technician or technicians exceed the amount of any available escrow deposit, and if a violation of this subchapter is discovered, the fees may be recovered as a penalty in the same manner as, and in addition to, the penalties otherwise provided for the violation of this chapter. Escrow deposits or remainders of escrow deposits shall be returned to the depositor at the expiration of the escrow period.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999