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Newark City Zoning Code

ARTICLE 21

14 Performance Standards

21.1401 Noise

  1. At no point on or beyond the boundary of any zoning lot shall the sound pressure level resulting from any use or activity not hereafter specifically exempted, whether open or enclosed, exceed the maximum permitted decibel levels for the designated octave band as set forth by this Ordinance.
  2. Sound levels should be measured with a sound level meter and associated octave band analyzer manufactured according to standards prescribed by the American Standards Association. The flat network “slow” meter response of the sound meter should be used. Impulsive type noises shall be measured with an Impact Noise Analyzer, and the peak values so measure shall not exceed the maximum permitted sound pressure levels by more than three (3) decibels. The reference level for the decibel is 0.0002 microbar.

    Octave Band Center Frequency (Hertz)
    Maximum Permitted Sound Level Pressure in Decibels
    31.5
    72
    63
    71
    125
    65
    250
    57
    500
    51
    1000
    45
    2000
    39
    4000
    34
    8000
    32
  3. The following uses and activities shall be exempt from the noise level regulations:
    1. Noises not directly under the control of the property user.
    2. Between the hours of 7:00 A.M. and sunset, noises customarily resulting from construction and the maintenance of grounds.
    3. The noise of safety signals, warning devices, aircraft and railroads, snow plowing, and mosquito abatement.
    4. Church bells, chimes and carillons.

21.1402 Vibration

  1. No operation or activity under the control of the property user other than railroad train operations shall cause or create vibration in excess of the limits provided below.
  2. Vibration levels may not exceed those shown in either column of the following table when measured at the lot line, or at any point in a residential or institutional district.


    Maximum Particle Velocity of Lot Line
    Maximum Particle Velocity in District
    Steady Vibrations
    0.015
    0.003
    Impulsive Vibrations
    0.03
    0.006
    Intermittent Vibrations
    0.075
    0.015
  3. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. Particle velocity is to be determined by the formula: (8.28) x (F) x (A), where F equals the frequency or the vibration in cycles per second and A equals the maximum single amplitude displacement of the vibrations in inches. For purposes of this Ordinance:

    Steady Vibrations
    Vibrations in discrete impulses more frequent than One hundred (100) per minute.
    Impulsive Vibrations
    Vibrations in discrete impulses which do not exceed One hundred per minute, but exceed eight (8) per twenty-four (24) hours.
    Intermittent Vibrations
    Vibrations in discrete impulses which do not exceed Eight (8) per twenty-four (24) hour period.

21.1403 Odor

The emission of odors or odor-causing substances which constitute a nuisance are prohibited.

21.1404 Smoke And Particulate Matter

  1. The emission, from all sources in a commercial, commercial manufacturing, or manufacturing zoning lot, of particulate matter containing more than five (5) percent by weight, or particles having a particle diameter larger than forty-four (44) microns is prohibited.
  2. The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one-half (1/2) pound per acre of lot size during any one hour.
  3. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting or other acceptable means.
  4. The emission of smoke or particulate matter of a density greater than NO. 1 on the Ringelmann Chart as published by the U.S. Bureau of Mines is prohibited, except that Ringelmann No. 2 will be permitted for five (5) minutes or Ringelmann No. 3 for three minutes during any eight hour period, for the purpose of building fires or soot blowing.

21.1405 Toxic And Noxious Matter

  1. No emission which would be demonstrably injurious to human health, animals or plant life common to the region, on the ground at or beyond any lot line will be permitted.
  2. Where such emission could be produced as a result of accident or equipment malfunction, adequate safeguards considered standard for safe operation in the industry involved shall be taken. This shall not be construed to prohibit lawful spraying of pesticides on public or private property.

21.1406 Fire And Explosive Hazards

  1. The storage, utilization or manufacture of solid materials or products with the potential for free or active burning to intense burning (excluding household items in quantities customarily found in the home) is prohibited unless storage, utilization and manufacture takes place within completely enclosed building having incombustible exterior walls. All such buildings shall be set back at least forty (40) feet from all lot lines or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the Village of Newark and the National Fire Protection Association.
  2. Activities involving the transportation, storage or utilization of materials or products which decompose by detonation are prohibited unless specifically licensed by the Village of Newark.
  3. The storage or utilization of flammable liquids or materials which are flammable or produce flammable or explosive vapors shall be permitted in accordance with the following limitation, exclusive of storage in underground tanks and exclusive or storage of finished products in original sealed containers:
    1. Solid materials or products shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the Village of Newark and the National Fire Protection Association.
    2. All such buildings shall be set back at least forty (40) feet from all lot lines or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the Village of Newark and the National Fire Protection Association.
    3. The capacity of flammable liquids in excess of the following quantities shall not be permitted:

      Closed Cup Flash
      Quantity
      Less than 24 degrees F
      1,000
      24 degrees F to less than 105 degrees F
      10,000
      105 degrees F to less than 187 degrees F
      10,000
      Total of all flammable liquids permitted
      50,000