Horse Heads City Zoning Code
ARTICLE XX
Performance Standards
§ 245-124 Applicability.
The following performance standards shall apply to all permitted and accessory uses within the M-1 District and any other use, existing or proposed, which the Zoning Board of Appeals, Planning Board, Board of Trustees, or the Code Enforcement Officer has reasonable grounds to believe is violating these standards.
A.
Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to become a nuisance to adjacent uses.
B.
Smoke and particulate matter. All uses shall meet all requirements of the county, Village, town, state and federal air pollution standards established, now or hereafter, in the district in which the use is located. No smoke shall be emitted in any such quantity as to become a nuisance.
C.
Noise. All noise shall be muffled so as not to be objectionable beyond the lot line due to intermittence, beat frequency, or shrillness, in accordance with accepted sound-pressure levels as established by the Occupational Safety and Health Administration or similar regulatory agencies of the local, state, or federal government or such governmental bodies themselves.
D.
Vibration. An operation which creates intense earthshaking vibration, i.e., heavy drop forges or heavy hydraulic surges, shall not be discernible beyond the property lines of the industry.
E.
Radioactivity. The emission of any radiation, be it either nuclear or radio frequencies in nature, is prohibited without the approval of the Village, town, state and federal governments or agencies thereof having jurisdiction and the Chemung County Board of Health or its successor, and in no event shall there be any radiation permitted beyond the lot lines in any district.
F.
Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without the use of instruments shall be permitted.
G.
Toxic or noxious matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business shall be permitted.
H.
Glare. No direct or reflected glare shall be detectable from any residence zone boundary.
I.
Heat. No direct or reflected heat shall be detectable from any residence zone boundary.
J.
Dust and fly ash. No solid or liquid particles shall be emitted in such quantity as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines.
K.
Light. Exterior lighting shall be controlled so as not to become a nuisance to adjacent lots.