This article shall be known as the performance standards. The performance standards are intended to provide reasonable environmental standards by regulating potentially objectionable or harmful effects resulting from uses permitted within zoning districts. The standards, by requiring specific standards of environmental performance, are also designed to avoid the arbitrary exclusion of certain uses from specific areas.

(Code 1980, § 55-801)

(a)

Generally. Except as otherwise provided herein, no land, building or structure in any district shall be used or occupied in a way that creates an objectionable fire, explosive, radiation or other hazard; excessive noise or vibration; air pollution and odors; or any other result that adversely affects its surrounding area. Permitted uses as set forth in this chapter must conform to the regulations of this section.

(b)

Permit applications. The building official may require an applicant for a building permit or certificate of occupancy to submit information certifying that the proposed use will and is capable of complying with the applicable performance standards.

(c)

Existing uses. Uses existing and lawfully complying with all other provisions of this Code on the effective date of this chapter [March 4, 1987] shall not be required to change their operations to comply with more restrictive performance standards. Such uses shall be subject to the following provisions:

(1)

Operations shall not be changed so as to increase the degree of noncompliance with these performance standards.

(2)

An expansion of the use or installation of new equipment or processes shall be subject to all applicable performance standards.

(Code 1980, § 55-802)

For the purposes of classifying any noise disturbance and determining whether it is in violation of section 55-804, the following test measurements and requirements shall be applied.

(a)

Point of measurement. Noise shall be measured at or within the property boundary of the receiving property. "Receiving property" shall mean the property subjected to, and to be protected from, the noise generated from another property. In multi-use buildings, when noise originates in one unit and is received in another unit within the same building, the maximum dB(A) for such noise shall be five dB(A) higher than the maximum dB(A) for the zoning district in which the building is located.

(b)

Scale. All noise measurements shall be measured in units of the frequency weighted sound level (Db(A)), in accordance with American National Standards Institute specifications for sound level meters S1.4-1971.

(c)

Instrument of measurement. The noise shall be measured on a sound level meter and octave band filter, maintained in calibration and good working order.

(d)

Wind. Outdoor measurement shall be taken with a wind screen recommended by the sound level meter manufacturer, or taken during periods when wind speeds do not exceed 15 miles per hour.

(Code 1980, § 55-803; Ord. No. 39162, § 1, 11-22-11)

Cross reference— Noise control, ch. 17.

_____

(a)

Sound levels. Table 1 displays the maximum permitted sound levels to which a specific receiving property may be subjected, taken at the point of measurement set forth in section 55-803.

Table 1. Maximum Permitted Sound Levels by Receiving Property ¹

_____

(b)

Impulsive sound which repeats four or more times in a one-hour period shall be measured as continuous sound and shall meet the requirements as shown in Table 1. Impulsive sound means sound pulses of short duration, usually less than one second, with an abrupt onset and rapid decay. Impulsive sound shall include, but shall not be limited to, explosions, musical bass or drum beats, the discharge of firearms, or the disintegration or other processing of materials.

(c)

Sound projected from property located in one zoning district onto property located in another zoning district having a lower sound-level limit shall not exceed the limit for the property of the zoning district onto which it is projected.

(d)

Exemptions. The following uses and activities shall not be considered in determining compliance with these standards and shall be exempt from these regulations:

(1)

Noises emanating from construction and normal property maintenance activities between the hours of 7:00 a.m. and 9:00 p.m.

(2)

Noises emanating from emergency generator engines during routine maintenance events or periods of partial or total loss of electrical power. Emergency generator operations during routine maintenance events are limited to between the hours of 7:00 a.m. and 9:00 p.m. Emergency generator operations during periods of partial or total loss of electrical power are not subject to time of day restrictions.

(3)

Noises created by any aircraft operated in conformity with federal law, federal air regulations, or air traffic control instructions issued pursuant to or within duly adopted federal air regulations.

(4)

Any noise created by any city vehicles, equipment or facilities while being operated for official business.

(5)

Noises of safety signals, warning devices, storm warning sirens, emergency vehicle sirens or horns used when responding to an emergency, or emergency pressure relief valves.

(6)

Noises from the normal operation of moving sources, including automobiles, trucks, airplanes and railroad engines and cars.

(7)

Activities conducted on public parks or public and private schools.

(8)

Outdoor events, provided such events are conducted pursuant to an appropriate license or permit issued by the proper department or agency.

(Code 1980, § 55-804; Ord. No. 39162, § 2, 11-22-11; Ord. No. 43098, § 1, 9-13-22)

Cross reference— Noise control, ch. 17.

(a)

Performance standard. No use within any zoning district may produce vibrations which are perceptible without instruments at the boundary line of the nearest more restrictive zoning district. If the use is located across a public right-of-way from a more restrictive zoning district, the boundary line shall be considered the front or rear property line of the use.

(b)

Exemption. Ground vibration caused by automobiles, trucks, aircraft, trains or temporary construction or demolition activities shall be exempt from the vibration regulations.

(Code 1980, § 55-805)

Editor's note— Ord. No. 36203, § 4, adopted March 25, 2003, repealed § 55-806 in its entirety. Formerly, said section pertained to glare as enacted by Code 1980, § 55-806.

Uses producing air pollution or objectionable odors are subject to the provisions of chapter 41 of this Code.

(Code 1980, § 55-807)

(a)

Variance procedure. Unless otherwise provided, the owner or operator of any use which violates any performance standard may file an application for a variance to the zoning board of appeals. The applicant shall document all actions taken to comply with these performance standards and state the reasons why he/she is unable to come into full compliance. The zoning board of appeals may grant variances to these standards, subject to conditions that it considers appropriate to achieve maximum possible compliance.

(b)

Criteria for variances. In acting upon an application for a variance, the zoning board of appeals shall consider the following criteria:

(1)

The degree of nuisance caused by the violation.

(2)

The uses of surrounding properties affected by the violation.

(3)

The amount of time required to study the violation and increase the level of compliance.

(4)

Economic considerations, including an analysis of costs and benefits produced by full compliance.

(5)

The health, safety and welfare of the public.

(Code 1980, § 55-808)