(A)   Purpose. It is the purpose of this subchapter to provide appropriate standards relating to the operation and performance of certain activities throughout the town.

   (B)   Intent. It is the intent of this subchapter to prohibit those operations which create or maintain excessive noise, vibration, air pollution, odor, fire or explosive hazard, annoyance from glare or heat, toxic liquid or solid waste hazards, electromagnetic interference or burdensome traffic congestion. Such conditions constitute a detriment to the public health, comfort, convenience, safety and welfare. These standards are therefore provided to protect the public interest against such adverse impacts and to promote the public health and welfare.

   (C)   Applicability. These standards shall apply to all land and water areas within the jurisdiction of the town.

   (D)   Standard reference manuals. The following reference manuals shall be used to implement this subchapter.

      (1)   40 C.F.R., which shall refer to and mean the Code of Federal Regulations, Title 40, entitled “Protection of Environment”.

      (2)   FAC17-2 which shall refer to and mean Chapter 17-2 of the Florida Administrative Code, entitled “Air Pollution”;

      (3)   APAM, which shall refer to and mean a manual entitled “Air Pollution Abatement Manual” of the Manufacturing Chemist Association; and,

      (4)   ANSI, which shall refer to and mean the manual entitled “American National Standards Institute - Applicable Standards”.

   (E)   Standard measuring devices and instruments. The measuring devices and instruments which are referred to or utilized in the reference manuals cited above shall be used to implement, measure, determine and apply the standards required under this subchapter.

(Ord. 1-90, passed 1-31-1991)

   (A)   Generally. It shall be unlawful for any person to make, cause or continue to make, any excessive, unnecessary or unusually loud noise, or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the town limits.

   (B)   Reference standards. Unless otherwise defined herein, all terminology shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

   (C)   Noise measuring devices. In addition to other available equipment or means, noise may be measured with a sound level meter meeting the ANSI standards, and pursuant to measurements conducted in accordance with the American Standard Method for the Physical Measurement of Sound.

   (D)   Frequency and decibels. For all zoning districts, there shall be no noise measured along the property line on which the use is located which shall exceed the values given in the following table.

 

   (E)   Noise restrictions for air conditioning units. Noise level restrictions for air conditioning equipment are contained in § 153.028(F).

   (F)   Exemptions. The following activities or sources are exempt from these noise standards:

      (1)   Noise from the operation of refuse collection and utility service vehicles;

      (2)   Noise from construction or routine maintenance of public service utilities;

      (3)   The emission of sound for the purpose of alerting persons to the existence of an emergency, or created in the performance of emergency work; and

      (4)   Noise from routine lawn and landscape maintenance activity and equipment

(Ord. 1-90, passed 1-31-1991)

   Every use shall be so operated and conducted that the ground and other vibrations inherently and recurrently generated thereby are not perceptible without the use of instruments at any point on or beyond any lot line on which the use is located.

(Ord. 1-90, passed 1-31-1991)

   (A)   Standards. To protect and enhance the air quality of the town, all sources of air pollution shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulations (Florida Administrative Code, Chapter 17-2), as amended. No person shall operate a regulated source of air pollution without a valid operation permit issued by the Department of Environmental Regulations.

   (B)   Testing. Air pollution emissions shall be tested and results reported in accordance with techniques and methods adopted by the Florida Department of Environmental Regulation and submitted to the state. These tests shall be carried out under the supervision of the state and at the expense of the person responsible for the source of pollution.

   (C)   Smoke.

      (1)   Every use shall be so operated as to prevent the emission of smoke, from any source whatsoever, to a density greater than described as Number 1 on the Ringelmann Chart, provided, however, that smoke equal to, but not in excess of that shade of appearance described as Number 2 on the Ringelmann Chart may be emitted for a period or periods including four minutes in any 30 minutes.

      (2)   For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this chapter, shall be the standard. All measurements shall be at the point of emission.

   (D)   Dust and dirt. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property or discomfort to persons or animals at or beyond the lot line of the property on which the use is located.

(Ord. 1-90, passed 1-31-1991)

   No emissions of odorous gases or other odorous material shall be permitted in such quantity as to be offensive at any point on or beyond any lot line of the premises where generated.

(Ord. 1-90, passed 1-31-1991)

   (A)   Abatement of fire and explosive hazards. In all zoning districts, activities shall be carried on in a careful and prudent manner and with reasonable precautions against fire and explosive hazards so as to avoid and eliminate causing any fire or explosion hazard to the premises located thereon or to adjacent property. Storage of combustible materials shall be in compliance with the provisions of all Building and Fire Prevention Codes. Materials or products which produce flammable or explosive vapors under ordinary weather temperatures shall be adequately safeguarded as provided thereunder.

   (B)   Standards. In all zoning districts in which the storage or use of flammable or explosive materials is permitted, the following standards shall apply.

      (1)   The storage and utilization of solid materials or products which are incombustible, or which in themselves support combustion but are consumed slowly as they burn, is permitted.

      (2)   The storage and utilization of solid materials or products which are free burning or intense burning is permitted provided that said materials or products shall be stored and utilized within completely enclosed buildings having noncombustible walls, floors and ceilings and protected throughout by an automatic fire extinguishing system, except where the introduction of water to a burning substance would cause additional hazard.

      (3)   The storage and utilization of flammable and combustible liquids, or materials which produce flammable or explosive vapors or gases, shall be permitted in accordance with the provisions of the Standard Fire Code.

(Ord. 1-90, passed 1-31-1991)

   Any operation producing intense glare or heat shall be performed within a completely enclosed building so that no operation will produce or cause annoyance to others by reason of heat or glare extending beyond the property line of the lot on which the operation or use is located.

(Ord. 1-90, passed 1-31-1991)

   (A)   Abatement of toxic or noxious matter. In all zoning districts, no use or occupancy shall be permitted to discharge any toxic or noxious matter into the environment in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to the ecology or to the property or business of others.

   (B)   Toxic waste discharge. No person shall discharge at any point into any public or private sewage disposal system, or into any stream or water body, or dump onto the ground, any toxic liquids or materials which, in any way, are of such type, nature, composition or temperature as to contaminate any land, water body or water supply, or otherwise cause the emission or release of dangerous or objectionable elements. All disposal of toxic waste shall strictly conform to the requirements of the approved standards applicable thereto.

   (C)   Discharge of toxic solid or liquid waste. No discharge of solid or liquid wastes shall be permitted which contain any other acids, oils, dusts, toxic metals, corrosive or other toxic substances, whether in solution or suspension, which would create odor, poison or otherwise pollute any land, stream or water body in the town.

   (D)   Accumulation of trash and debris. No accumulation of trash, debris or other solid waste shall be permitted on any property except in the manner approved for proper pickup and disposal purposes. No such waste materials shall be deposited upon any lot or property in such form or manner as to be conducive to the breeding of rodents, vermin or insects, nor be subject to being transferred off of that lot or property onto the adjoining property of others by natural causes or forces.

(Ord. 1-90, passed 1-31-1991)

   In all zoning districts, no use, activity or process shall be conducted which produces electric and/or magnetic fields which adversely affect public health, safety and welfare, including but not limited to, interference with normal radio, telephone or television reception at or beyond the lot line of the premises where such activity or use is conducted.

(Ord. 1-90, passed 1-31-1991)

   The traffic performance standards ordinance of the county, which was adopted as a county-wide enactment, shall apply to all new development approved by the town.

(Ord. 1-90, passed 1-31-1991)

   (A)   Notice of violation. Except where a person is acting in good faith to comply with an abatement order, violation of any provision of this code shall be cause for a notice of violation to be issued by the town.

   (B)   Enforcement. The enforcement of the provisions of this subchapter shall be as provided in §§ 153.230 through 153.237.

(Ord. 1-90, passed 1-31-1991)

   Any person aggrieved by a decision of the Building Official or Zoning Official regarding the interpretation or application of this subchapter may have such decisions reviewed on a summary basis by the Board of Adjustment of the town, pursuant to the procedure for same so made and provided. Such appeal shall be scheduled for hearing at the next regular Town Council meeting, provided that notice of the proposed appeal is given to the Town Clerk at least ten days prior to such meeting.

(Ord. 1-90, passed 1-31-1991)