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Diamond City Zoning Code

PERFORMANCE STANDARDS

§ 151.225 PURPOSE.

   Any use established after the effective date of this chapter shall be so operated as to comply with the performance standards set forth hereinafter. No use lawfully established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with the performance standards established.
(Ord. 2015-08, § 15.01, passed 6-23-2015)

§ 151.226 NOISE.

   (A)   Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to the standards prescribed by the United States of American Standards Institute. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus 2 decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
   (B)   At no point either on the boundary of a residence district or a business district or at 125 feet from the nearest property line of a plant or operation, whichever distance is greater, shall the sound pressure level of an individual operation or plant (other than the operation of motor vehicles and other transportation facilities) exceed the decibel levels at the designated octave bands:
Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels
Boundaries or 125 Feet from Plant or Operation Property Line
Residence Districts
Business Districts
Octave Band
Cycles Per Second
Maximum Permitted Sound Level in Decibels
Boundaries or 125 Feet from Plant or Operation Property Line
Residence Districts
Business Districts
0 to 75
74
81
75 to 150
61
70
150 to 300
54
63
300 to 600
48
59
600 to 1,200
45
55
1,200 to 2,400
41
52
2,400 to 4,800
38
50
4,800 and over
36
48
 
(Ord. 2015-08, § 15.02, passed 6-23-2015)

§ 151.227 SMOKE AND PARTICULATE MATTER.

   (A)   No stack shall emit more than 10 smoke units during any 1 hour, nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during a single 1-hour period in each 24 hour day each stack may emit up to 20 smoke units when blowing soot or cleaning fires, and during such cleaning of fires, smoke of a density of Ringelmann No. 3 may be emitted, but not for longer than 4 minutes each period.
   (B)   No emission of smoke or particulate matter shall exceed a density of Ringelmann No. 3, except for a plume consisting entirely of condensed steam. For the purpose of grading the density of emission, the Ringelmann Chart published and used by the United States Bureau of Mines shall be employed.
   (C)   The rate of emission of particulate matter from sources within the boundaries of any lot shall not exceed a net figure of 1 pound per acre of lot area during any 1 hour.
   (D)   Dust and other forms of air pollution borne by the wind from such sources as storage areas, roads and so forth, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. The emission of particulate matter from such sources shall conform to the requirements of division (C) above.
   (E)   In addition to the performance standards specified herein, the emission of smoke or particulate matter in such 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. 2015-08, § 15.03, passed 6-23-2015)

§ 151.228 ODOROUS MATTER.

   The emission of odorous matter from any property in such concentrations as to be readily detectable at any point along the boundaries of said property or in such concentrations as to create a public nuisance or hazard beyond such boundaries is prohibited.
(Ord. 2015-08, § 15.04, passed 6-23-2015)

§ 151.229 VIBRATION.

   Any process or equipment which produces intense earth-shaking vibrations – such as are created by heavy drop forges or heavy hydraulic surges – shall be set back at least 500 feet from the property boundaries on all sides, except for a property line adjoining an I-2 District, where such setback shall not be mandatory. However, in no case shall such vibrations be allowed to create a public nuisance or hazard beyond the property boundaries.
(Ord. 2015-08, § 15.05, passed 6-23-2015)

§ 151.230 TOXIC OR NOXIOUS MATTER.

   No use on any property shall discharge across the boundaries of said property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to other property business.
(Ord. 2015-08, § 15.06, passed 6-23-2015)

§ 151.231 GLARE OR HEAT.

   Any operation producing intense glare of heat shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.
(Ord. 2015-08, § 15.07, passed 6-23-2015)

§ 151.232 FIRE AND EXPLOSIVE HAZARDS.

   Fire and explosive hazards shall be controlled as follows:
   (A)   Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted.
   (B)   The storage, utilization or manufacture of materials ranging from incombustible to moderate burning – as determined by the Zoning Administrator – is permitted.
   (C)   Storage, utilization or manufacture of materials or products ranging from free or active burning to intense burning – as determined by the Zoning Administrator – is permitted under the following:
      (1)   All storage, utilization or manufacture of such materials, or products, shall be within completely enclosed buildings or structures having incombustible exterior walls; and
      (2)   All such buildings or structures shall be set back at least 40 feet from property boundaries or, in lieu thereof, shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.
   (D)   Materials or products which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in this district, with the exception of the following, which are permitted:
      (1)   Materials required for emergency or standby equipment;
      (2)   Materials used in secondary processes which are auxiliary to a principal operation, such as spraying of finishes; and
      (3)   Flammable liquids and oils stored, sold and used in conjunction with the operation of any automobile service station and customarily required or used in such operation.
(Ord. 2015-08, § 15.08, passed 6-23-2015)

§ 151.233 COMPLIANCE.

   (A)   Compliance. Should the Zoning Administrator determine that the proposed use may violate the performance standards set forth herein, the Zoning Administrator shall require information from the owner or operator and initiate an investigation.
      (1)   Should such additional data be required, the Zoning Administrator shall request information including, but not limited to, the following:
         (a)   Plans of the existing or proposed construction and development.
         (b)   A description of the existing or proposed machinery, processes and products.
         (c)   Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any dangerous and objectionable elements as set forth in this subchapter.
         (d)   Measurements of the amount or rate of emission of said dangerous and objectionable elements.
      (2)   Failure to submit data requested by the Zoning Administrator shall constitute grounds for denying a permit of compliance.
   (B)   Report by expert consultants. The Zoning Administrator may require any person to retain an expert consultant or consultants to study and report as to compliance or non-compliance with performance standards, and to advise how a proposed use can be brought into compliance with performance standards. The cost of the consultant’s services shall be borne by the owner or operator of said use.
   (C)   Action by the Zoning Administrator. Within 90 days following the receipt of the acquired evidence, or receipt of the reports of appointed consultants, the Zoning Administrator shall make a determination as to compliance or non-compliance with the performance standards. The Zoning Administrator may require modification or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards will be maintained.
   (D)   Cancellation of permits. If, after the conclusion of the time granted for compliance with the performance standards, the Zoning Administrator finds the violation is still in existence, any compliance permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied.
(Ord. 2015-08, § 15.09, passed 6-23-2015)