This article contains performance and operating standards applicable within the city. These uses must be approved for the site on which they will take place by the appropriate procedures prescribed in article XI. Once the use is approved for the site, the following procedures and standards must be complied with before commencement of the use and thereafter during its operation.

The following standards shall apply to all uses on incorporated lands in the City of High Springs approved under this Code.

All uses and activities permitted in any zoning district within this LDC shall conform to the standards of performance described below:

(1)

Fire and explosion hazards. In any zoning district, all uses shall comply with applicable standards set forth in the rules and regulations of the state fire marshal.

(2)

Emissions. Regulations controlling smoke, dust, dirt, or visible emissions shall be the same as those contained in Florida Department of Environmental Protection (FDEP) regulations. Regulations controlling open burning shall be the same as those contained in the FDEP regulations.

(3)

Fumes. Regulations controlling the emission of any fumes, vapors, or gases or a noxious, toxic or corrosive nature shall be the same as those contained in the FDEP regulations.

(4)

Atmosphere. Activities that may produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot lines, shall not be permitted, except as allowed in the FDEP regulations.

(5)

Odor. Regulations controlling the emission of odorous gases and other odorous matter, shall be the same as those contained in the FDEP regulations.

(6)

Glare. There shall be no direct glare, visible from any district permitting residential use, caused by unshielded floodlights or other sources of high intensity lighting.

For purposes of this PART, the following terms are defined:

Impulsive sound means any 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 the discharge of firearms.

Noise disturbance means any sound which:

(1)

Endangers or injuries the safety or health of humans or animals;

(2)

Annoys or disturbs a reasonable person of normal sensitivities; or

(3)

Endangers or injures personal or real property;

(4)

Is sufficient to annoy and disturb the occupants of premises other than those premises from which noise is emanating to the extent that it renders the ordinary use of the other premises physically uncomfortable.

Any plainly audible sound which may be heard between the hours of 10:00 p.m. and 7:00 a.m. the following day, or 11:00 p.m. and 7:00 a.m. the following day if the following day is a Saturday or a Sunday, at a distance of 50 feet, from the real property boundary surrounding the premises from which the sound is emanating or which may be heard inside a closed building, dwelling unit, or business space which is located without the real property boundaries of the premises from which the sound is emanating shall be presumed to be a noise disturbance.

Plainly audible sound means any sound for which the information content of that sound is communicated to the listener, such as, but not limited to, understandable spoken speech or comprehensible musical rhythms.

The following acts are prohibited under this part.

(a)

Radios, televisions sets, musical instruments, loudspeakers, tape players, CD players, record players, and similar devices. Using, operating, or permitting the use or operation of any device which produces or reproduces sound in a manner which creates a noise disturbance across a real property boundary.

(b)

Loudspeakers and public address systems.

(1)

Using or operating, for any noncommercial purpose, any loudspeaker, public address system, or similar device between the hours of 9:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary.

(2)

Using or operating for any commercial purpose any loudspeaker, public address system, or similar device such that the sound therefrom creates a noise disturbance across a real property boundary.

(3)

The use of any loudspeaker, public address system, or similar device in conjunction with an activity authorized by the city; e.g., parades, art festivals, is exempted from this subsection unless the city, in authorizing the activity, provides otherwise.

(c)

Engine idling. Idling or permitting the idling of a motor of any stationary motor vehicle of any kind whatsoever for a period of time in excess of 15 minutes in any hour, between the hours of 9:00 p.m. and 7:00 a.m. the following day such that the sound therefrom creates a noise disturbance across real property boundary.

(d)

Honking. Using, operating, or permitting the use or operation of any audible signaling device on any stationary motor vehicle of any kind whatsoever. This subsection shall not apply if the emitted signal is for the purpose of averting danger or warning of a dangerous or apparently dangerous condition.

(e)

Animals. The emission of any continual or repeated sound, including natural sound, by an animal, excluding agricultural animals or livestock, for a period exceeding five minutes in duration which is audible across real property boundaries, and which creates a noise disturbance across a real property line.

(f)

Humans. The emission of any continual or repeated sound, including natural sound, by any human for a period exceeding five minutes in duration which creates a noise disturbance across a real property boundary.

(g)

Construction, landscaping, and motor vehicle noise.

(1)

Operating or causing to be operated any equipment used in commercial and residential construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto or operating or causing to be operated any landscaping equipment or operating or causing to be operated any motor vehicle, with sound-control devices less effective than those provided on the original equipment or in violation of any requirement of the United States Environmental Protection Agency.

(2)

Operating or causing to be operated any equipment used in commercial and residential construction, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto between the hours of 9:00 p.m. and 7:00 a.m. the following day or between the hours of 9:00 p.m. and 9:00 a.m. the following day for any such equipment producing an impulsive sound such that the sound therefrom creates a noise disturbance across a real property boundary. Any person desiring to operate outside such hours of limitation, based upon necessity or in the interest of public health, safety, and welfare, may apply to the city manager for a special permit allowing the operation. Such permit if granted, shall be limited to a period of up to 30 days duration, but may be renewed for additional 30-day periods, if the emergency or need therefor continues. In the issuance of such permit, the city manager shall weigh all facts and circumstances and shall determine whether the reasons given for the necessity are valid and reasonable; whether the public health, safety, and welfare will be protected or better served by granting the permit requested; and whether the manner and amount of loss or inconvenience to the party in interest impose a significant hardship upon the party.

(h)

Commercial equipment and vehicle noise. Within any C-3 and I zoning districts operating or causing to be operated any commercial equipment or vehicles used in the maintenance or cleaning of parking lots, or buildings or any delivery vehicles or any appurtenant motors, including air refrigeration motors or engines, or any trash or garbage collection vehicles, or any other commercial vehicles, if such operation is:

(1)

Within 350 feet of any residential zoning district, and is conducted between the hours of 10:00 p.m. and 7:00 a.m. of the following day or 10:00 p.m. and 10:00 a.m. of the following day if the following day is a Sunday;

(2)

Being performed with sound-control devices less effective than those provided in the original equipment or in violation of any regulation of the United States Environmental Protection Agency; or

(3)

One which creates a sound sufficient to annoy and disturb the occupants of premises other than those premises from which the noise is emanating to the extent that it renders the ordinary use of the other premises physically uncomfortable.

The following sounds shall be exempt from the prohibitions of section 9.03.02.

(a)

Sounds made by safety signals, warning devices, and sound emanating from any authorized emergency vehicle, including public works vehicles and equipment, when responding to an emergency call or acting in time of emergency.

(b)

Sound emanating from city or government activates: The exemption from the prohibitions of section 9.03.02 shall apply only if the permit is obtained after review and approval by the city commission.

(c)

Sound emanating from landscaping activities which are conducted between the hours of 7:00 a.m. and 9:00 p.m. of the same day. However, this subsection shall not exempt landscaping equipment from the prohibition of subsection 9.03.02(c), (g).

(d)

Sound emanating from refuse collection activities sanctioned by the city.

(e)

Sound emanating from railroad warning signals, engines, or cars in transit.

Applications for relief from this part may be made to the city council. Any ruling granting relief shall contain all conditions upon which the permit has been granted, including but not limited to, effective dates, time of day, and location.

Refer to Article XII

(1)

Each industrial activity, and each use in an industrial district, shall provide satisfactory evidence of development and implementation of the following plans:

(a)

A fire suppression plan including installation of fire hydrants, building sprinkler systems, and/or such additional fire suppression equipment as shall be necessary to reasonably assure on-site containment of any fire, explosion, or related calamity and provide for the reasonable protection of all on-site personnel.

(b)

A hazardous materials plan to identify any hazardous materials to be used, proper containment of such materials, location of such materials, methods of use of such materials, and methods of disposal of such material.

(c)

An emission discharge plan to disclose any liquid, gas, or solid that might be discharged into the air, water or ground during the conduct of any industrial activity, together with satisfactory proof of compliance with all local, state, and federal environmental requirements associated therewith.

(d)

A noise emission plan listing decibels of noise, cause, times of day, frequency, and duration.

(2)

All plans shall be reviewed by the city engineer and the fire chief who shall make specific recommendations with regard to approval, approval under certain conditions, or denial of such plans prior to granting of any development order.

(3)

All plans shall be updated by the applicant every two years and shall be subject to review by the city.