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Morgan Hill City Zoning Code

CHAPTER 18

76 - PERFORMANCE STANDARDS

18.76.010 - Purpose.

This chapter establishes performance standards for uses and activities to protect the community from nuisances, hazards, and objectionable conditions; promote compatibility of different land uses; and to protect environmental resources.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.020 - Applicability.

This chapter applies to all new and existing land uses, including permanent and temporary uses, in all districts unless an exemption is specifically provided.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.030 - General prohibitions.

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.040 - Air contaminants.

A.

No uses or activity may operate in a manner that emits excessive dust, fumes, smoke, or particulate matter, excluding standards set under state and federal law.

B.

Sources of air pollution shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Bay Area Air Quality Management District (BAAQMD).

C.

Operators of activities, processes, or uses that require approval to operate from the BAAQMD shall file a copy of the permit with the development services department within thirty days of permit approval.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.050 - Fire and explosive hazards.

A.

All uses and activities involving storage of flammable or explosive materials shall provide adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment.

B.

Fire-fighting and fire-suppression equipment and devices standard in industry shall be approved by the Fire Department.

C.

Burning of waste materials in open fires is prohibited.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.060 - Glare.

No use or activity may produce direct or sky-reflected glare that is visible at a distance of five hundred feet from the use or activity, except for signs as allowed by Chapter 18.88 (Signs).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.070 - Hazardous materials.

A.

The use, handling, storage and transportation of hazardous materials shall comply with the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the county environmental health agency.

B.

Any use that handles, stores, or transports hazardous materials requires a conditional use permit.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.080 - Liquid and solid wastes.

A.

Liquids and solids of any kind may not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division 7).

B.

Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.090 - Noise.

A.

No land use or activity may produce a noise level in excess of the standards in Table 18.76-1.

Table 18.76-1: Maximum Noise Levels

Receiving Land Use Maximum Noise Level at Lot Line of Receiving Use [1]
Industrial and Wholesale 70 dbA
Commercial 65 dbA
Residential or Public/Quasi Public 60 dbA

 

Notes:

[1] The planning commission may allow an additional 5 dbA noise level at the lot line if the maximum noise level shown in Table 18.76-1 cannot be achieved with reasonable and feasible mitigation.

B.

Noise standards in Table 18.76-1do not apply to noise generated by vehicle traffic in the public right-of-way or from temporary construction, demolition, and vehicles that enter and leave the site of the noise-generating use (e.g., construction equipment, trains, trucks).

C.

All uses and activities shall comply with Municipal Code Chapter 8.28 (Noise).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.100 - Odors.

A.

No use or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot line of a site.

B.

Odors from temporary construction, demolition, and vehicles that enter and leave the site (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.110 - Radioactivity.

No radiation of any kind shall be emitted that is dangerous to humans.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.120 - Electromagnetic interference.

A.

No use or activities may cause electromagnetic interference with normal radio and television reception in a residential district, or with the function of other electronic equipment beyond the lot line of the site in which it is situated.

B.

All uses and activities shall comply with applicable Federal Communications Commission regulations.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.130 - Vibration.

Vibration transmitted through the ground that is discernible without instruments at the lot line of the establishment or use is prohibited. Vibrations from temporary construction, demolition, and vehicles that enter and leave the lot (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.76.140 - Maximum dock high door ratio.

The maximum dock high door to square foot ratio for a facility that has a floor area of seventy-five thousand square feet or greater and a ceiling height of more than thirty-four feet over more than twenty-five percent of the floor area is 1:25,000.

(Ord. No. 2320, § 2, 4-7-2021; Ord. No. 2329 N.S., § 1, 3-16-2022; Ord. No. 2343 N.S., 1, 11-8-2022)