(Ord. 1999-07, passed 9-6-1999)

(Ord. 1999-07, passed 9-6-1999)

   (B)   Standards.

      (1)   All outdoor storage facilities for fuel, chemicals or industrial wastes, and potentially harmful raw materials, must be located on impervious pavement, and shall be completely enclosed by an impervious dike high enough to contain the total volume of liquid kept in the storage area, plus the accumulated rainfall of a 50-year storm. This requirement is intended to prevent harmful materials from spilling and seeping into the ground, contaminating the ground water.

      (2)   Storage tanks for residential fuels, not exceeding 275 gallons in size, may be exempted from this requirement provided that there is no seasonal high water table within four feet of the surface, and that no rapidly permeable sandy soils are located on the land.

(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99

   (B)   Standards.

      (1)   Emission of smoke, dust, dirt, fly ash or other particulate matter, or of noxious, toxic or corrosive fumes, vapors or gases in such quantities as to be evident or perceptible at the property line of any lot on which a use is conducted, or which could be injurious to human health, animals or vegetation; detrimental to the enjoyment of adjoining or nearby properties; or which could soil or stain persons or property, at any point beyond the lot line of the property creating that emission shall not be permitted.

      (2)   No land use or establishment shall be permitted to produce harmful, offensive or bothersome odors, scents or aromas, (such as, but not limited to, those produced by manufacturing processes, food preparation, food processing, food sales, rendering, fermentation processes, decaying organic matter and/or incinerators) perceptible beyond that use’s lot lines, either at ground or other habitable elevation. The location and vertical height of all exhaust fans, vents, chimneys or any other sources discharging or emitting smoke, fumes, gases, vapors, odors, scents or aromas shall be indicated on all plans for new development or uses including a description of the source of such and the anticipated frequency and/or duration thereof.

(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99

   (B)   Standards.

      (1)   All provisions of § 155.204 of this code of ordinances shall be complied with. The provisions of the zoning chapter shall be used in determining compliance with these good neighbor standards, however, a violation of the provisions of the zoning chapter shall be cited solely under the zoning chapter.

      (2)   Outdoor lighting shall be controlled in both height and intensity to maintain the village’s rural character. Therefor, no land use or establishment shall be permitted to produce a strong, dazzling light or reflection of that light beyond its lot lines onto neighboring properties, or onto any village road or state highway so as to impair the vision of the driver of any vehicle upon that town way. To achieve this, luminaries shall be shielded to prevent light shining beyond the lot lines into neighboring properties or public ways.

      (3)   In the Mixed Use, I-2, and I-3 zones, all outdoor lighting (except for security purposes) shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted for businesses operating during those hours.

(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99

   (B)   Standards. No use shall cause perceptible heat or radiation beyond the property line of the use, nor shall it pose danger to surrounding areas by reason of a fire, explosion or other safety hazard. No use shall cause electrical, magnetic or other interference with any use, process, equipment, appliance or device located beyond the property line of the property on which the use is located.

(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99

   (B)   Standards. All refuse containers shall have tight-fitting lids and shall be enclosed or screened so as to not be visible at property lines. Operator of uses shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. Upon request by the Planning Commission, the Village Council may consider the impact of a particular waste or by-products upon the village’s disposal methods and/or disposal areas (as to volume, flammability or toxicity) and may require the user to dispose of such wastes at non-village sites, in conformance with all applicable state or federal regulations. The Village Council may also require the user to specify the amount and exact nature of all wastes to be generated by the proposed operation.

(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99

   (B)   Standards. Surface water run-off shall be minimized and detained on-site if possible or practicable. If it is not possible to detain water on-site, downstream improvements to the channel may be required of the developer to prevent flooding caused by such project. The natural state of watercourses, swales, floodways or rights-of-way shall be maintained as nearly as possible. The design period is the 50-year storm.

(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99

   (B)   Standards. To minimize erosion of soil and sedimentation of watercourses and waterbodies, the following practices should be implemented.

      (1)   Stripping of vegetation, soil removal and regrading or other development should minimize loss of soil whether caused by rainfall or contact with other bodies of water.

      (2)   The duration of exposure of the disturbed area shall be kept to the practical minimum of time required for the development.

      (3)   Temporary vegetation and/or mulching shall be used to protect exposed critical areas during development.

      (4)   Permanent (final) vegetation and any necessary mechanical erosion control measures shall be installed as soon as practical and contemporaneously with construction whenever possible.

      (5)   Until a disturbed area is stabilized, sediment in run-off water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods.

      (6)   The top of a cut or bottom of a fill section shall not be closer than ten feet to an adjoining property, unless otherwise specified by the Planning Commission.

      (7)   During grading operations, effective methods of dust control shall be used.

(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99

   (B)   Standards.

      (1)   Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or volume.

      (2)   The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by this chapter shall be established by the time period and type of land use district listed below. Sound pressure levels shall be measured at all major lot lines, at a height of at least four feet above the ground surface.

      (3)   Sound from any source controlled by this chapter shall not exceed the following limits at the property line of said source.

 

 

         (b)   The levels specified may be exceeded by 10 dB(A) for a single period, no longer than 15 minutes in any one day.

         (c)   Both the dB(C) and dB(A) scales shall be used, and a violation of either standard shall be deemed to constitute a violation of this chapter.

      (4)   Exclusions: these levels shall not apply to intermittent noise emitted by or related to:

         (a)   Natural phenomena;

         (b)   Church bells rung as part of any official church ceremony or service, and tower clock bells;

         (c)   Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in any emergency situation;

         (d)   Warning devices required by OSHA or other state or federal safety regulations;

         (e)   Noise from domestic power equipment such as, but not limited to, lawn and yard tools or similar devices operated during daytime hours;

         (f)   Felling trees and removing logs, during daytime hours;

         (g)   Noise generated by any construction or demolition equipment which is operated during daytime hours. Emergency construction or repair work by public utilities at any hour shall also be exempted;

         (h)   Noise created by refuse and solid waste collection, provided that the activity is conducted during daytime hours; and

         (i)   Noise created by any recreational activities which are permitted by law and/or for which a license or permit has been granted by the village, including, but not limited to, parades, sporting events, concerts and firework displays.

      (5)   Specific prohibitions: The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive:

         (a)   Owning, possessing or harboring any animal or bird which frequently or for continued duration makes sounds which create a noise disturbance across a residential real property boundary. For the purpose of this section, a BARKING DOG shall mean a dog that barks, bays, cries, howls or makes other noise continuously and/or incessantly for a period of more than ten minutes or barks intermittently for one-half hour or more to the disturbance of any person at any time of the day or night, regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a BARKING DOG for purposes of this division (B)(5)(a) if, at the time the dog is barking or making other noise, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause which teased or provoked the dog;

         (b)   The using, operating or permitting to be played, used or operation of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproduction of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;

         (c)   The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise; and

         (d)   No person shall operate an engine or any standing motor vehicle with a weight in excess of 10,000 pounds manufacturer’s gross vehicle weight (GVW) for a period in excess of ten minutes within any eight-hour period during nighttime hours, when such vehicle is parked on or adjacent to a residential premises or on a public road next to a residential premises.

(Ord. 1999-07, passed 9-6-1999) Penalty, see § 151.99

   (B)   Standards.

      (1)   The village does not support the feeding of wildlife within the corporation limits.

      (2)   The term wildlife refers to any non-avian species.

(Ord. 2007-01, passed 1-2-2007)

   (B)   No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his or her duty.

   (C)   Violations of this chapter shall be prosecuted in the same manner as other criminal violations; provided, however, that in the event of an initial violation of the provisions of this chapter, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected. No complaint or further action shall be taken in the event the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice. The notice shall state that unless corrections are made within the allocated time, the violator is subject to prosecution pursuant to the provisions of this chapter.

   (D)   In the event the alleged violator cannot be located in order to serve the notice of intention to prosecute, the notice as required herein shall be deemed to be given upon mailing such notice by registered or certified mail, return receipt requested, to the alleged violator at his or her last known address or at the place where the violation occurred in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day following the mailing of such notice. Subsequent violations of the same offense shall result in the immediate filing of a criminal complaint.

(Ord. 1999-07, passed 9-6-1999)

(Ord. 1999-07, passed 9-6-1999)