Garden City City Zoning Code

PERFORMANCE STANDARDS

§ 154.175 INTENT AND SCOPE.

(A) Intent. The purpose of this subchapter is to establish controls on the impacts generated by permitted uses so as to prevent an unreasonable negative impact that might interfere with another person's use of his or her property, or that might cause harm to the public health, safety, and welfare.

(B) Scope of application. After the effective date of this chapter, no structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, reconstructed, or moved, except in conformity with all applicable performance standards set forth in this subchapter. No site plan shall be approved unless evidence is presented to indicate conformity with the requirements of this subchapter.

(C) Submission of additional data. Nothing in this subchapter shall preclude the applicant or other interested party from submitting additional data or evidence related to a specific case. In consideration of such data or evidence, the Planning Commission may waive or modify the regulations set forth in this subchapter, provided that the Planning Commission finds that no harm to the public health, safety and welfare will result and that the intent of this chapter will be upheld.

(D) Adverse affects on surroundings. No activity, operation or use of land, buildings, or equipment shall be permitted if the activity, operation, or use produces an environmental impact or irritant to sensory perception which exceeds the standards set forth in this subchapter.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.176 NOISE AND VIBRATION.

(A) Definitions. For the purpose of this section the following definitions shall apply, unless the context clearly indicates or requires a different meaning. Terms used in this section but not defined below or in § 154.005 shall have the meaning ascribed to them by the American National Standards Institute (ANSI) or its successor body.

A-WEIGHTED SOUND LEVEL. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A).

DAY-NIGHT AVERAGE SOUND LEVEL. The 24-hour energy average of the A-weighted sound pressure level, with the levels during the period of 10:00 p.m. to 7:00 a.m. the following day increased by 10 dB(A) before averaging.

EMERGENCY. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate attention.

EQUIVALENT A-WEIGHTED SOUND LEVEL or Leq. The constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. (For the purposes of this chapter, a time period of 24 hours shall be used, unless otherwise specified.)

IMPULSE SOUND. Sound of short duration, usually less than one second with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and discharge of firearms.

NOISE DISTURBANCE. Any sound which endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities, endangers or injures personal or real property, or exceeds the Maximum Permitted Sound Levels in the table found in division (E) of this section.

NOISE SENSITIVE ZONE. An area which contains noise-sensitive activities, such as but not limited to, operations of schools, libraries, churches, hospitals, and nursing homes.

PURE TONE. Any sound which can be distinctly heard as a single pitch or a set of single pitches.

RMS SOUND PRESSURE. The square root of the time averaged square of the sound pressure, denoted Prms.

SOUND. An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium.

SOUND LEVELS. The weighted sound pressure level obtained by the use of a sound level motor and frequency weighting network (for the purposes of this chapter, an A-weighted network), as specified by the American National Standards Institute.

SOUND PRESSURE. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.

SOUND PRESSURE LEVEL. Twenty times the logarithm to the base of 10 of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals (20x10-6 N/m2). The sound pressure level is denoted LP or SPL and is expressed in decibels.

VIBRATION. An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.

(B) Prohibited acts.

(1) Noise disturbance prohibited. No person shall make, continue, or cause to be made or continued, any noise disturbance.

(2) Loading and unloading. Loading and unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential district boundary or within a noise sensitive zone.

(3) Construction. Operation of any tools or equipment used in construction, drilling, or demolition work shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m. on weekdays or any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential district boundary or within a noise sensitive zone, except for emergency work of public service utilities.

(4) Vibration. Operating any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property of the source shall be prohibited. For the purposes of this section, VIBRATION PERCEPTION THRESHOLD means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

(5) Noise sensitive zones. Creating any sound within any noise sensitive zone so as to disrupt the activities normally conducted within the zone shall be prohibited, provided that conspicuous signs are displayed indicating the presence of the zone.

(1) Emergency exceptions. The provisions in this section shall not apply to the emission of sound for the purpose of alerting persons to existence of an emergency, or the emission of sound in the performance of emergency work.

(2) Additional exceptions. The provisions in this section shall not apply to the following activities, provided that the activities are conducted in a legally accepted manner.

(a) Snow plowing, street sweeping, and other public works activities.

(b) Church bells, chimes and carillons.

(D) Variances. An application for a variance from the provisions in this section may be submitted to the Zoning Board of Appeals. The owner or operator of equipment on the property shall submit a statement regarding the effects of noise from the equipment on the overall noise level in the area. The statement shall include a study of the background noise levels, predicted level of noise at the boundary line due to the proposed operation, and justification for the variance. Upon review of the request for a variance, the Zoning Board of Appeals may grant a variance where strict adherence to the permitted sound level would create unnecessary hardship and only if the variance will not create a threat to the health, safety, and welfare of the public. The Zoning Board of Appeals may impose conditions of operation when granting a variance.

(E) Maximum permitted sound levels by receiving zoning district. No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the 1imits set forth for the receiving zoning district in the following table when measured at or within the property boundary of the receiving district. All measurements and designations of sound levels shall be expressed in day-night average sound levels (Ldn). The provisions of this division shall not apply to the activities covered by division (C).

Maximum Permitted Average A-weighted Sound Levels
Receiving Zoning District	Average Sound Level, dB(A)
Residential	55
Commercial (not noise sensitive)	65
Commercial (noise sensitive)	55
Industrial	70

Notes:

a. Correction for tonal sounds. For any source of sound which emits a pure tone sound, the maximum sound level limits in the above table shall be reduced by 5 dB(A) where the receiving district is residential or commercial-noise sensitive.

b. Correction for impulsive or impact-type sounds. For any source of sound which emits an atypical impulsive or impact-type sound, the maximum sound level limits in the above table shall be reduced by 5 dB(A) where the receiving district is residential or commercial-noise sensitive.

c. Planned development. Where the receiving district is a Planned Development district, the applicable standard in the above table shall be based on the most noise sensitive use within the planned development.

(F) Measurement of sound. The Zoning Administrator shall be responsible for developing and promulgating testing methods and procedures. In performing this task, the Zoning Administrator may consult with outside specialists in the field of sound measurement and control.

(G) Permitted land use. No new or substantially modified structure shall be approved for construction unless the owner or developer of the land demonstrates that the completed structure and the activities associated with and on the same property as the structure will comply with the sound/noise standards set forth in this section at all times of full-scale operation of such activities.

(H) Applicability of city noise control regulations. The sound and noise standards set forth in this section are intended to be used chiefly as performance standards to assist the Planning Commission and other city officials in determining whether a proposed development will generate a noise disturbance. In contrast, the noise control regulations set forth in §§ 92.30 through 92.33 of this Code are intended to be used chiefly by police or health officials to regulate and/or curtail specific noise occurrences generated by an existing source.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.177 DUST, SMOKE, AND OTHER AIR-BORNE MATTER.

(A) Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the regulations established in conjunction with the Air Pollution Act, Public Act 348 of 1965, as amended, or other applicable state or federal regulations. No person, firm, or corporation shall operate or maintain any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, unless the processes or devices use or are equipped with recognized and approved equipment, methods, or technology to reduce the quantity of gas-borne or air-borne solids or fumes emitted into the open air.

(B) The drifting of air-borne matter beyond the lot line, including wind-blown dust, particles or debris from open stock piles, shall be prohibited. Emission of particulate matter from materials, products, or surfaces subject to wind erosion shall be controlled by paving, oiling, wetting, covering, landscaping, fencing, or other means.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.178 ODORS.

Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on adjoining property, or which could be detrimental to human, plant, or animal life.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.179 GLARE AND HEAT.

Any operation or activity which produces glare shall be conducted so that direct and indirect illumination from the source of light does not exceed one-half of one footcandle when measured at any point along the property line of the site on which the operation is located. Any operation which produces intense glare or heat shall be conducted within an enclosure so as to completely obscure and shield the operation from direct view from any point along the lot limes. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.180 FIRE AND SAFETY HAZARDS.

(A) General requirements. The storage and handling of flammable or combustible liquids or gases and explosives shall comply with all applicable federal, state, county and local regulations. All underground storage tanks shall be registered with the Michigan Department of Natural Resources, in accordance with Public Act 165 of 1985, as amended. The location and contents of all such tanks shall be indicated on the site plan.

(B) Detonable materials. The storage, utilization, or manufacture of detonable materials shall be permitted subject to approval by the Fire Chief and the following restrictions.

Proposed Activity	Restrictions
Storage, utilization or manufacture of 5 pounds or less	Permitted accessory use in M-1 District
Storage or utilization of over 5 pounds	Special land use in M-1 District
Manufacture of over 5 pounds	Not permitted

Detonable materials covered by these requirements include, but are not necessarily limited to the following.

(1) All primary explosives such as lead azide, lead styphnate, fulminates, and tetracene.

(2) All high explosives such as TNT, RDX, HMX, PETN, and picric acid.

(3) Propellants and components thereof such as dry nitrocellulose, black powder, baron hybrides, and hydrazine and its derivatives.

(4) Pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate.

(5) Blasting explosives such as dynamite and nitroglycerine.

(6) Unstable organic compounds such as acetylides, tetrazoles, and ozonides.

(7) Strong unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentrations greater than 35%.

(8) Nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

(C) Liquified petroleum gas. The storage or utilization of liquified petroleum gas shall be permitted subject to approval by the Fire Chief and the following restrictions.

Proposed Activity	Restrictions
Storage or utilization of 80 pounds or less	Permitted accessory use in all districts
Storage or utilization of more than 80 pounds	Permitted in M-1 District

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.181 SEWAGE AND WATER POLLUTION.

Sewage disposal (including septic systems) and water pollution shall be subject to the standards and regulations established by federal, state, county and local regulatory agencies, including the Michigan Department of Health, the Michigan Department of Natural Resources, the Wayne County Health Department, and the U.S. Environmental Protection Agency.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.182 GASES.

The escape of or emission of any gas which is injurious or destructive to life or property, or which is explosive, is prohibited. Gaseous emissions shall be subject to regulations established in conjunction with the Air Pollution Act, Public Act 348 of 1965, as amended, the federal Clean Air Act of 1963, as amended, and any other applicable state or federal regulations. Accordingly, gaseous emissions measured at the property line at ground level shall not exceed the levels indicated in the following chart, which in based on the National Ambient Air Quality Standards, unless a higher standard is imposed by a federal, state, county or local regulatory agency which has jurisdiction.

Gas	Maximum Emissions Level	Sampling Period
Sulfur Dioxide	0.14 ppm	24 hours
Hydrocarbons	0.24 ppm	3 hours
Petrochemical oxidants	0.12 ppm	1 hour
Nitrogen dioxide	0.05 ppm	Annual
Carbon monoxide	9.0 ppm	8 hours
	35.0 ppm	1 hour
Lead	1.5 ug/cubic meter	3 months
Mercury	0.01 mg/cubic meter	10 hours
Beryllium	2.0 ug/cubic meter	8 hours
Asbestos	0.5 fibers/cc	8 hours

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.183 ELECTROMAGNETIC RADIATION.

Electronic equipment required in an industrial, commercial, or other operation shall be designed and used in accordance with applicable rules and regulations established by the Federal Communications Commission (FCC). The operation of such equipment shall not interfere with the use of radio, television, or other electronic equipment on surrounding or nearby property.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.184 RADIOACTIVE MATERIALS.

Radioactive materials, wastes and emissions, including electromagnetic radiation such as from an X-ray machine, shall not exceed levels established by federal agencies which have jurisdiction. No operation shall be permitted that causes any individual outside of the lot lines to be exposed to any radiation exceeding the lowest concentration permitted for the general population by federal and state laws and regulations currently in effect.

(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999

§ 154.185 DETERMINATION OF COMPLIANCE; METHODS.

In the event that the city receives complaints or otherwise acquires evidence of possible violation of any of the performance standards not forth in this subchapter, the following procedures shall be used to investigate, and if necessary, resolve the violation.

(A) Official investigation. Upon receipt of evidence of possible violation, the Zoning Administrator shall make a determination whether there in reasonable cause to suspect the operation is indeed in violation of the performance standards. The Zoning Administrator may initiate an official investigation in order to make such a determination. Upon initiation of an official investigation, the Zoning Administrator is empowered to require the owner or operator of the facility in question to submit data along with any evidence deemed necessary to make an objective determination regarding the possible violation within a time period specified by the Zoning Administrator, but in every case a reply must be forthcoming within three calendar days from the receipt of notice. Failure of the owner or operator to supply requested data within the stated time period shall be considered an admission of violation and provide prima facie evidence of grounds for taking any action, including legal action, to terminate the use and/or deny or cancel any permits or licenses required for continued use of the land. Data which may be required includes, but is not limited to the following.

(1) Plans of the existing or proposed facilities, including buildings and equipment.

(2) A description of the existing or proposed machinery, processes and products.

(3) Specifications for the mechanism and techniques used or proposed to be used to control emissions regulated under the provisions of this subchapter.

(4) Measurement of the amount or rate of emissions of the material, including but not limited to, heat, sound, and glare, purported to be in violation.

(5) Copies of studies, reports, specifications, and any other compilation of data, including, but not limited to, RCRA filings.

(B) Method and cost of determination.

(1) The Zoning Administrator shall take measurements, or cause measurements to be taken by a competent contractor, and complete investigation necessary to make an objective determination concerning the purported violation. Where required measurements and investigation can be accurately made by the Zoning Administrator using equipment and personnel normally available to the city without extraordinary expense, the measurements and investigation may be completed before notice of violation is issued. If necessary, skilled personnel and specialized equipment or instruments shall be secured in order to make the required determination.

(2) If the alleged violation is found to exist in fact, the costs of making the determination shall be charged against those responsible, in addition to any other penalties as may be allowable. If the bill is not paid within 30 days, the city shall take whatever appropriate action is necessary to recover the

costs, or alternately, the cost shall be charged against the property where the violation occurred. If it is determined that no substantive violation exists, then the costs of this determination shall be paid by the city.

(C) Appropriate remedies. If, after appropriate investigation, the Zoning Administrator determines that a violation does exist, the Zoning Administrator shall take or cause to be taken lawful action as provided by this chapter or any state or federal regulation to eliminate the violation. The owners or operators of the facility deemed responsible shall be given written notice of the violation. The Zoning Administrator shall take appropriate action in accordance with the owner or operator's response to the notice of violation. Appropriate action includes the following.

(1) Correction of violation within time limit. If the alleged violation is corrected within the specified time limit, even if there is no reply to the notice, the Zoning Administrator shall note “Violation Corrected” on the city's copy of the notice, and the notice shall be retained on file. If necessary, the Zoning Administrator may take other action as may be warranted by the circumstances of the case, pursuant to this chapter and any other applicable regulation.

(2) Violation not corrected and no reply from owner or operator. If there is no reply from the owner or operator within the specified time limits, and the alleged violation is not corrected in accordance with the regulations, set forth in this subchapter, then the Zoning Administrator shall take any action reasonably calculated to correct or abate the violation.

(3) Reply requesting extension of time. If the alleged violator responds to the city within the specified time limit of the original notice and requests an extension of time, the Zoning Administrator shall review the information submitted with the reply. Upon finding that an extension is warranted because of unique circumstances and that an extension will not cause imminent peril to life, health, or property, the Zoning Administrator may extend the specified time limit to a certain date, if the Zoning Administrator concurs that one of the following are true.

(a) The information requested pursuant to divisions (A) of this section is impractical to readily produce.

(b) An extreme hardship exists.

(c) The reply indicates that an alleged violation shall be corrected or abated by the date certain and that all future operations shall comply with the regulations as set forth herein.

(4) Reply requesting technical determination.

(a) If a reply is received within the specified time limit requesting further review and technical analysis, even though the alleged violations continue, then the Zoning Administrator may call in properly qualified experts to complete the analysis and confirm or refute the initial determination of violation.

(b) If expert findings indicate that violations of the performance standards do exist in fact, the costs incurred in making such a determination shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of this chapter or other applicable regulations. Costs shall be billed to those owners or operators of the subject use who are deemed responsible for the violation. If the bill is not paid within 30 days, the city shall take whatever appropriate action is necessary to recover such costs, or alternately, the cost shall be charged against the property where the violation occurred. If no substantial violation is found, cost of determination shall be paid by the city.

(D) Continued violation. If, after the conclusion of the time period granted for compliance, the Zoning Administrator finds that the violation still exists, any permits previously issued shall be void and the city may initiate appropriate legal action, including possible pursuit of remedies in Circuit Court.