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Lake Como City Zoning Code

§ 17-10.8

Performance Standards for All Uses.

[Ord. No. 90-535]
An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any use of any structure.
a. 
Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity, e.g., air conditioners, swimming pools, shall be diverted across property lines unless transported in an approved or existing drainage system.
b. 
Electrical and/or Electronic Radiation Control. All electrical or electronic devices located within the boundaries of a dwelling unit, industrial or commercial building, medical clinic or professional office shall be subject to the provisions of the Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act of for Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in DHEW Publication No. (FDA) 75 8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. The applicant shall, upon request, produce certified data wherein measurements made in accordance with the procedure and standards set forth in the DHEW Publication No. (FDA) 75 8003 adequately demonstrate compliance to the minimum standards established by the Act. All other forms of electromagnetic radiation lying between one hundred (100) KHz and 10 Ghz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations.
c. 
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.
d. 
Heat. No use shall produce heat perceptible beyond its lot lines.
e. 
Noise. Noise levels shall be designed and operated in accordance with the regulations established by the New Jersey Department of Environmental Protection as they are adopted and amended and by the local ordinances of the Borough.
f. 
Odor. Noxious odors shall not be discernible at the lot line or beyond.
g. 
Storage and Waste Disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers to eliminate such hazards.
h. 
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines ten (10') feet or equipped with baffles to deflect the discharged air away from the adjacent use.
i. 
Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot.
j. 
Outside Storage of Material or Equipment. In all districts of the Borough of Lake Como, no goods, supplies or materials shall be stored in any commercial trailer-type vehicle, storage van, bus or any other vehicle, whether operative or inoperative, unless the material is being used in conjunction with the construction or alteration of a building on the same site and is specifically authorized by the construction official pursuant to the above stated standard, namely that the material is being used in conjunction with the construction or alteration of a building on the site, and further, no commercial trailer-type vehicle, whether operative or inoperative, shall be parked or stored on any property in any district within the Borough of Lake Como, unless the vehicle itself is being used in conjunction with the construction or alteration of a building on the same site and is specifically authorized by the construction official pursuant to the stated standard that the material is being used in conjunction with the construction or alteration of building on the site. This prohibition concerning the storage of commercial trailer-type vehicles shall exempt those used in conjunction with a duly sanctioned business operation as long as the trailer-type vehicle is moved from the business premises at least once within a two day period. The Construction Official or Code Enforcement Official or his designee may issue a permit for such a vehicle for up to fourteen (14) days after receipt of a written request to obtain such a permit and only in conjunction with a duly sanctioned business operation. The Governing Body of the Borough of Lake Como may issue a permit for a period to exceed fourteen (14) days for such a vehicle if it meets the following criteria:
1. 
The location of the trailer-type vehicle would be in an area zoned as "commercial" or in conjunction with an existing business operation.
2. 
It is determined that the existence of the trailer-type vehicle will benefit the public and the general welfare of the community.
This chapter shall not apply to recreational vehicles which are dealt with separately in the Lake Como Code. For purposes of this chapter, "trailer" shall be defined as any vehicle designed to be drawn by another vehicle having motor power. For purposes of this chapter, "bus" shall be defined to include any vehicle commonly used for the transportation of individuals.