Lodi City Zoning Code
ARTICLE XVI
Performance Standards
§ 340-95 General restriction.
No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, or dampness; or electrical or other substance, condition, or element in such a manner, or in such amount, as to adversely affect the surrounding area or adjoining premises.
§ 340-96 Standards for all districts.
The following provisions, standards and specifications shall apply to all districts:
A.
Noise.
(1)
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. Measurements shall be made using the flat network of the sound-level meter. Impulsive-type noises shall be subject to the performance standards hereinafter prescribed, provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured, for the purpose of this Zoning Code, shall be those noises which cause rapid fluctuations of the needle of the sound-level meter, with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and/or intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.
(2)
At no point on the boundary of a residence or business district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in the following table:
Octave Band | Maximum Permitted Sound Level (decibels) | ||
|---|---|---|---|
Frequency (cycles per second) | Along Residence District Boundaries | Along Business District Boundaries | |
0 to 75 | 72 | 75 | |
76 to 150 | 67 | 70 | |
151 to 300 | 59 | 63 | |
301 to 600 | 52 | 57 | |
601 to 1,200 | 46 | 52 | |
1,201 to 2,400 | 40 | 45 | |
2,401 to 4,800 | 34 | 40 | |
Above 4,800 | 32 | 38 | |
B.
Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be prohibited at any point. Fire and explosion hazards shall be further subject to applicable federal, state and local laws and regulations.
D.
Vibration.
(1)
In nonindustrial districts, no vibration, except during temporary construction activity, shall be permitted that is discernible without instruments beyond the property line of the source.
(2)
In industrial districts there shall be no operation or activity that would cause ground-transmitted vibrations in excess of the limits set forth below at the boundary of this district under any conditions, nor beyond the property line if it would adversely affect any other use within the district.
Maximum Vibration Levels | ||
|---|---|---|
Frequency (cycles per second) | Maximum Permitted Displacement at Industrial District Boundaries (inches) | |
0 to 10 | 0.0008 | |
11 to 20 | 0.0005 | |
21 to 30 | 0.0002 | |
31 to 40 | 0.0002 | |
Over 40 | 0.0001 | |
(3)
Vibrations shall be further subject to applicable federal, state, and local laws and regulations.
E.
Odors.
(1)
No emission of odorous gases or other odorous matter in such quantities as to be readily detectable shall be permitted beyond the property lot lines of the source. Any process that may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.
(2)
Odors shall be further subject to applicable federal, state, and local laws and regulations.
F.
Smoke.
(1)
No emission shall be permitted of visible gray smoke of a shade equal to or darker than No. 2 on the Ringelmann Chart, except that visible gray smoke of a shade to No. 3 of such chart may be emitted four minutes in any 30 minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparently equivalent capacity.
G.
Glare or heat.
(1)
All lighting shall be arranged so as to deflect light away from any adjoining residences. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the property lot line of the source shall be permitted.
§ 340-97 Administration and enforcement.
A.
Measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent; provided, however, that the measurements necessary for enforcement of performance standards set forth in this article shall be taken at property line boundaries.
B.
Notification. The Administrator shall give written notice, by registered mail or other means ensuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Administrator believes there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Administrator within a time limit set by the Administrator. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Administrator within the time limit set constitutes admission of violation of the terms of this chapter.
C.
Costs of determination. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this chapter will be made, and that if violations as alleged are found, the costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the costs of the determination will be paid by the City.[1]
[1]
Editor's Note: Original § 16.15D4, Violation corrections, which immediately followed this subsection, was deleted 10-10-2006 by Ord. No. A-361.
D.
Enforcement. If there is no reply within the time limit set (thus establishing admission of violations) and the alleged violation is not corrected to the satisfaction of the Administrator within the time limit set, he may proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
[Amended 10-10-2006 by Ord. No. A-361]
E.
Extensions. If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Administrator but requesting additional time, the Administrator may grant an extension if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health, or property.
F.
Expert findings. If a reply is received within the time limit set requesting technical determination as provided in this chapter and if the alleged violation continues, the Administrator may call in properly qualified experts to make the determinations. If the expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the provisions of this chapter. If no violation is found, the costs of the determinations shall be paid by the City without assessment against the properties or persons involved.
G.
Additional enforcement provisions. Even though compliance with the performance standards procedure in obtaining a development permit is not required for a particular use, initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continued compliance with performance standards may be invoked by the Administrator against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
[Amended 10-10-2006 by Ord. No. A-361]
H.
Exceptions. The Plan Commission may grant exceptions to the requirements of this article for specific uses located in the I-2 General Industrial District, under a conditional use permit, when the Commission finds that the reduction will not unduly affect residential districts.