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Lake Hamilton City Zoning Code

ARTICLE VI

PERFORMANCE STANDARDS

Sec. 16-357.- General provisions.

(a)

All uses shall conform to the standards of performance described within the article and shall be constructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare.

(b)

Within 100 feet of a residential district, all processes and storage except for vehicle parking, shall be in completely closed buildings.

(c)

Processes and storage located at a greater distance shall be effectively screened by a solid wall or fence at least six feet in height.

(d)

Where other ordinances or regulations (whether federal, state, or local) which may be adopted hereinafter impose greater restrictions than those specified herein, compliance with such other ordinances and regulations is mandatory.

(Land Development Code 1995, § 3.04.01)

Sec. 16-358. - Noise.

Every use shall be so operated as to comply with the maximum performance standards governing noise described in section 16-359. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association.

(Land Development Code 1995, § 3.04.02)

Sec. 16-359. - Vibration.

Every use shall be so operated that ground vibration inherently and recurrently generated in not perceptible, without instruments, at any point on the property line of the property on which the use is located. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin, No. 442. The equations of such bulletin shall be used to determine the values of enforcement.

(Land Development Code 1995, § 3.04.03)

Sec. 16-360. - Smoke.

Every use shall be so operated as to prevent the emission of smoke from any source whatever, to a density greater than described as Number l on the Ringelmann Smoke Chart; provided, however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringelmann Chart may be emitted for a period or periods totaling four minutes in any 30-minute period. For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, and which is hereby made part of this Code by reference, shall be standard. All measurements shall be at the point of emission. Smoke emission must comply with applicable rules of the state department of environmental protection.

(Land Development Code 1995, § 3.04.04)

Sec. 16-361. - Dust and dirt.

Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause damage to property and health of persons or animals at or beyond the lot line of the property on which the use is located. Emissions must comply with applicable rules of the state department of environmental protection.

(Land Development Code 1995, § 3.04.05)

Sec. 16-362. - Industrial sewage and wastes.

Every use shall be so operated as to prevent the discharge into any stream, lake or the ground of any waste which will be dangerous or discomforting to persons or animals or which will damage plants or crops beyond the lot line of the property on which the use is located. Industries shall comply with applicable rules of the state department of environmental protection.

(Land Development Code 1995, § 3.04.06)

Sec. 16-363. - Hazardous wastes.

The handling and discharge of all hazardous waste shall follow all applicable standards established by the county health department, state legislature and the U.S. Congress. Appropriate town officials shall review all procedures involving the handling and discharge of all hazardous waste to ensure that it does not create any safety or health problems.

(Land Development Code 1995, § 3.04.07)

Sec. 16-364. - Odors.

Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. There is hereby established, as a guide in determining the quantities of offensive odors, table III, chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists Association, Inc., Washington, D.C.

(Land Development Code 1995, § 3.04.08)

Sec. 16-365. - Glare.

Every use shall be so operated as to prevent the emission of glare of such intensity as to be perceptible at any point on the lot line of the property on which the use is located.

(Land Development Code 1995, § 3.04.09)

Sec. 16-366. - Fumes, vapors and gases.

There shall be no emission of fumes, vapors, or gases of a noxious, toxic or corrosive nature which can cause any danger or irritation to health, animals, vegetation, or to any form of property.

(Land Development Code 1995, § 3.04.10)

Sec. 16-367. - Heat, cold, dampness or movement of air.

Activities which shall produce any adverse effects on the temperature, motion or humidity of the atmosphere beyond the lot line shall not be permitted.

(Land Development Code 1995, § 3.04.11)

Sec. 16-368. - Fire and safety hazard.

Each use shall be operated so as to minimize the danger from fire and explosion. The specific regulations to be met are set forth in the building code and the fire code of the town.

(Land Development Code 1995, § 3.04.12)

Sec. 16-369. - Radioactive emission.

There shall be no radiation emitted from radioactive products or byproducts exceeding a dangerous level of radioactive emissions at any point. Radiation limitations shall not exceed quantities established as safe by the U.S. Bureau of Standards.

(Land Development Code 1995, § 3.04.13)

Sec. 16-370. - Electromagnetic radiation.

(a)

Compliance with FCC regulations. No person shall operate, or cause to be operated, any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes which does not comply with the current regulations of the Federal Communications Commission regulations. It shall be unlawful if such radiation causes an abnormal degradation on the performance of other electromagnetic receptors or radiators of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, conducted energy in power or telephone systems or harmonic content.

(b)

Evaluation of performance. The determination of abnormal degradation in performance and of good quality and proper design shall be made in accordance with good engineering practices as defined in the principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Radio Manufacturer's Association. In case of any conflict between the latest standards and principles of the preceding groups, the following precedence in the interpretation of the standards and principles shall apply:

(1)

American Institute of Electrical Engineers;

(2)

Institute of Radio Engineers;

(3)

Radio Manufacturer's Association.

(c)

Maximum strength. Recognizing the special nature of many of the operations which will be conducted because of the research and educational activities, it shall be unlawful for any person, firm, or corporation to operate or cause to be operated, to maintain or cause to be maintained any planned or intentional source of electromagnetic energy, the radiated power from which exceeds 1,000 watts.

(Land Development Code 1995, § 3.04.14)