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Kingston City Zoning Code

ARTICLE X

- PERFORMANCE STANDARDS

Sec. 86-601.- Intent.

It is the intent of this article to use performance standards for the regulation of uses within the village to facilitate a more objective and equitable basis for control, and to ensure that the village is adequately protected from potential hazardous and nuisance-like effects. This article permits specific uses in specific districts, and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside the premises or district in which they are located. No structure, land or water shall be used except in compliance with the district regulations in which it is located, and with the environmental performance standards set forth in this article.

(Code 1985, § 8(8.5-1))

Sec. 86-602. - Noise.

No operation or activity within the village shall transmit any noise exceeding 75 dBA, from 7:00 a.m. to 11:00 p.m., and 70 dBA, from 11:00 p.m. to 7:00 a.m., beyond the property line of the source of the noise. The following noises are exempt from such requirement:

(1)

Noises not directly under the control of the property owner.

(2)

Noises from temporary construction or maintenance activities during daylight hours.

(3)

Noises from emergency, safety or warning devices.

(Code 1985, § 8(8.5-2))

Sec. 86-603. - Vibration.

(a)

No operation or activity within the village shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source of the vibration. "Vibration perception threshold" means the minimum ground-borne 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.

(b)

Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the requirement set forth in subsection (a) of this section.

(Code 1985, § 8(8.5-3))

Sec. 86-604. - Glare and heat.

No activity within the village shall emit glare or heat that is visible or measurable outside the premises of the source of such glare or heat, except activities in the industrial district of the village which may emit direct or sky-reflected glare which shall not be visible outside of the industrial district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside the premises upon which such glare or heat originates.

(Code 1985, § 8(8.5-4))

Sec. 86-605. - Odor.

No operation or activity within the village shall emit any substance, or combination of substances, in such quantities that create an objectionable odor.

(Code 1985, § 8(8.5-5))

Sec. 86-606. - Fire and explosive hazards.

All activities within the village involving the manufacturing, utilization, processing or storage of inflammable and explosive material shall be provided with adequate safety devices against the hazard of fire and explosion, and with adequate firefighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system.

(Code 1985, § 8(8.5-6))

Cross reference— Fire prevention and protection, Ch. 30.

Sec. 86-607. - Air pollution.

(a)

No operation or activity within the village shall emit into the ambient air, from any direct or portable source, any matter that will affect visibility.

(b)

No activity or operation shall be established or maintained which, by reason of its nature, causes emission of any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or property. In no case shall an activity in an industrial district of the village emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the United States Bureau of Mines, Information Circular 7718.

(Code 1985, § 8(8.5-7))

Sec. 86-608. - Hazardous pollutants.

(a)

No operation or activity within the village shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property.

(b)

No activity shall discharge, at any point, onto any land or into any water or public sewer, any materials of such a nature, quantity, noxiousness, toxicity or temperature which can:

(1)

Contaminate, pollute or harm the quantity or quality of any water supply;

(2)

Cause the emission of dangerous or offensive elements;

(3)

Overload the existing municipal utilities; or

(4)

Injure or damage persons or property.

(Code 1985, § 8(8.5-8))

Sec. 86-609. - Radioactivity and electrical disturbances.

No activity within the village shall emit radioactivity or electrical disturbances outside the premises on which it originates which are dangerous or adversely affect the use of neighboring premises.

(Code 1985, § 8(8.5-9))

Sec. 86-610. - Refuse.

All waste material, debris, refuse or garbage not disposed of through the public sanitary sewage system of the village shall be kept in an enclosed building or properly contained in a closed container designed for such purpose. The owner of vacant land within the village shall be responsible for keeping such land free of refuse.

(Code 1985, § 8(8.5-10))