Davis City Zoning Code
ARTICLE 40
24 PERFORMANCE STANDARDS
§ 40.24.010 Applicability.
Only those uses specified in A, R-1, R-2, C-N, I-R, and I districts as subject to performance standards procedures shall comply with the provisions of this article, unless the director has reasonable grounds to believe that another proposed use is likely to violate performance standards, in which event the proposed use shall comply with the performance standards procedure.
(Ord. 296 § 22.2; Ord. 1444 § 2; Ord. 1450 § 5; Ord. 1923 § 2, 1998; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)
§ 40.24.020 Dangerous or objectionable elements prohibited.
No land or building in any zoning district shall be occupied or used in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or amount as to adversely affect the surrounding area or adjoining premises, the foregoing are referred to as "dangerous or objectionable elements"; provided, that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.
(Ord. 296 § 22.1)
§ 40.24.030 Locations where determinations to be made for enforcement.
The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent, herein referred to as "at any point"; provided, that the measurements necessary for enforcement of performance standards set forth in subsections (a) through (d) of Section 40.24.040, namely those measurements having to do with noise, vibration, odors or glare, shall be taken at the following points of measurement:
(a)
In any district except the I district: At the lot line of the establishment or use.
(b)
In the I district: Five hundred feet from the establishment or use, or at the boundary of the district, if closer to the establishment or use, or at any point within an adjacent district except for an I district.
(Ord. 296 § 22.5)
§ 40.24.040 Specified.
(a)
Noise. At the points of measurement specified in Section 40.24.030, 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 1, after applying the corrections shown in Table 2. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to the standards prescribed by the American Standards Association. The American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z224.3-1944, 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, Z224.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, N.Y., shall be used.
TABLE 1 | |
|---|---|
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 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table 2 shall be applied to the octave band levels given in Table 1.
TABLE 2 | |
|---|---|
Type or Location of Operation or Character of Noise | Correction in Decibels |
Daytime operation only. | 5 |
Noise source operated less than:* | |
20% of any one hour period | 5 |
5% of any one hour period | 10 |
Noise of impulsive character, hammering, etc. | -5 |
Noise of periodic character, hum, screech, etc. | -5 |
Property is located in one of the following zoning districts and is not within five hundred feet of any R district or an area designated for future residential development in the city master plan:* | |
Any C or I-R district | 5 |
Any A or I district | 10 |
* | Apply one of these corrections only. |
(b)
Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in Section 40.24.030.
(c)
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air at the points of measurement specified in Section 40.24.030 or at the point of greatest concentration. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors, Table III, "Odor Thresholds," in Chapter 5, "Air Pollution Abatement Manual," copyright 1951, by Manufacturing Chemists' Association, Inc., of Washington, D.C. and such manual or table as subsequently amended.
(d)
Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at the points of measurement specified in Section 40.24.030. This restriction shall not apply to signs or floodlighting of buildings for advertising or protection or otherwise permitted by the provisions of this chapter.
(e)
Fire and explosion hazards. The relevant provisions of the state and local laws and regulations shall apply.
(f)
Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(g)
Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954, being a direct facsimile reduction of a standard Ringlemann 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.
(h)
Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission 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, at any point. No emission shall be permitted in excess of the standards specified in Table 1, Chapter 5, "Industrial Hygiene Standards, Maximum Allowable Concentrations," of the "Air Pollution Abatement Manual," Copyright 1951 by Manufacturing Chemists' Association, Inc., of Washington, D.C., and such manual or table as subsequently amended. In no event shall any emission from any chimney or otherwise, of any solid or liquid particles in concentration exceeding three-tenths grains per cubic foot of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air.
(i)
Liquid or solid wastes. The relevant provisions of state and local laws and regulations shall apply.
(Ord. 296 § 22.6)
§ 40.24.050 Use of expert consultants.
If, in its opinion, the proposed use may cause the emission of dangerous or objectionable elements, the planning commission shall so advise the applicant; thereupon, an estimate of the cost necessary to refer the application to one or more mutually satisfactory expert consultant(s), qualified to advise whether a proposed use will conform to the applicable performance standards specified in this chapter for investigation and report, shall be determined. The applicant may then abandon the application or may deposit such estimated costs as part of the application fee. If such costs are deposited, such consultant(s) shall be retained to make the required investigation and report. Such consultant(s) shall report to the planning commission as promptly as possible after his or her receipt of such application. A copy of such report shall be furnished to the applicant at the same time.
(Ord. 1444 § 3; Ord. 1923 § 3, 1998)
§ 40.24.060 Review by planning commission.
Within thirty days after the planning commission has received the report described in Section 40.24.050, or at the time that the planning commission reviews the application for the use subject to performance standards, whichever is later, the planning commission shall decide whether the proposed use will conform to the applicable performance standards, and shall use such determination as one of the criteria for determining whether to authorize issuance of the desired permit and/or require modification of the proposed plans, construction, specifications, equipment or operation.
(Ord. 1923 § 4, 1998)
§ 40.24.070 Enforcement.
(a)
Even though compliance with performance standards procedure in obtaining any permit is not required for a particular use, initial and continued compliance with performance standards is required of every use, and the provisions for enforcement of continued compliance with performance standards shall be invoked by the director against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
(b)
The director shall investigate any purported violation of performance standards and, if there is reasonable ground for same, shall commence proceedings to abate such violation. The director, to assist in such abatement proceedings, may employ qualified expert consultants. Action by the director to abate such violation may include, but shall not be limited to, commencing proceedings for revocation of permits or commencing enforcement proceedings pursuant to this Code or other remedies available by law or equity.
(Ord. 296 § 22.3; Ord. 1444 § 5; Ord. 1923 § 5, 1998; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)
§ 40.24.080 Nonconforming standards.
§ 40.24.100 Reverse vending machines.
Reverse vending machines may be located within an enclosed commercial structure. Reverse vending machines located outside an enclosed structure and treated as an accessory use shall comply with the following standards:
(a)
Shall be established in conjunction with a commercial use or a small recycling facility;
(b)
Shall not obstruct pedestrian or vehicular circulation;
(c)
Shall not occupy parking spaces required by the primary use;
(d)
Shall be constructed and maintained with durable waterproof and rust-proof material;
(e)
Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
(f)
Shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;
(g)
Shall be maintained in a clean, litter-free condition on a daily basis;
(h)
Operating hours shall be at least the operating hours of the host use;
(i)
Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
(Ord. 1450 § 6)
§ 40.24.110 Small collection facilities.
(a)
Small collection facilities treated as an accessory use shall comply with the following standards:
(1)
The facility shall be subject to the review and approval of the director or designee;
(2)
Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building, and fire codes;
(3)
Shall be no larger than five hundred square feet, and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;
(4)
Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary host;
(5)
Shall not obstruct pedestrian or vehicular circulation;
(6)
Shall accept only glass, metals and plastics;
(7)
Shall use no power-driven processing equipment except for reverse vending machines;
(8)
Shall use containers that are constructed and maintained with durable waterproof and rust-proof material, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
(9)
Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;
(10)
Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
(11)
Shall comply with Chapter 24, noise regulations;
(12)
Facilities located within thirty feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and nine p.m. unless there is a recognized service corridor and acoustical shielding between the containers and the residential use;
(13)
Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
(14)
Signs may be provided as follows:
(A)
Recycling facilities may have identification signs of sixteen square feet or less, subject to the director or designee approval, in addition to informational signs required in Section 40.24.110(a)(13),
(B)
Signs must be consistent with the character of the location,
(C)
Directional signs, bearing no advertising message, may be installed, if necessary, to facilitate traffic circulation, or if the facility is not visible from the public right-of-way,
(D)
The director or designee may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses;
(15)
Shall not reduce the host site's required landscaping;
(16)
Shall be adequately screened and compatible design so as not to create a nuisance;
(17)
No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use;
(18)
Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
(19)
Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
(b)
Small collection facilities which accept newspapers shall be subject to a conditional use permit or a final planned development application process, whichever is appropriate.
(Ord. 1450 § 7; Ord. 1627 §§ 35—37; Ord. 2390 § 2, 2012; Ord. 2677, 11/4/2025)
§ 40.24.120 Emergency shelters.
(a)
No individual or household may be denied emergency shelter because of inability to pay.
(b)
Site plan and architectural review shall include on-site waiting and intake areas as needed, lighting, and security provisions.
(c)
On-site management shall be provided for the facility.
(d)
The emergency shelter shall be a minimum of three hundred feet apart from another emergency shelter.
(Ord. 2413 § 5, 2013; Ord. 2677, 11/4/2025)