PERFORMANCE STANDARDS
601.1 Application of performance standards: After the effective date of this ordinance:
(a)
Any use established or changed to, and any building structure, or land developed, constructed or used for, any permitted principal use, or any use permissible as a special exception, or any accessory use, shall comply with all of the performance standards herein set forth for the district involved.
(b)
If any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use, building, or other structure.
601.2 Administration and enforcement of performance standards:
(a)
Intent concerning determinations involved in administration and enforcement of performance standards. Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this ordinance that:
(1)
Where determinations can be made by the building inspector or other city employees, using equipment normally available to the city or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable for the city to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.
(b)
Performance standards relating to emission of smoke, fire, and explosive hazards where flash point of flammable materials is known, humidity, heat, glare, and electromagnetic interference. If the administrative official finds, after making determination in the manner set forth in this ordinance, that there is violation of performance standards relating to emission of smoke, fire, and explosive hazards where flash point of flammable materials is known, humidity, heat, glare, or electromagnetic influence, he shall take or cause to be taken lawful action to cause correction thereto within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable as provided in section[s] 1302 and 1303, violation and penalty.
(c)
Performance standards relating to measurement of particulate matter, vibration, noise, fire and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter, and radiation hazards. If, in the considered judgment of the administrative official, there is probable violation of the performance standards as set forth herein concerning emission of particulate matter, vibration, noise, fire, and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter, or radiation hazards the following procedures shall be followed.
602.1 Measurement of noise: For the purpose of measuring the intensity and frequencies of sound, sound level meters and active band filters, shall be employed, such instruments and devices being manufactured in compliance with standards prescribed by the American Standards Association.
602.2 Sound intensity levels: At no point on a property line or district boundary as indicated, shall the sound intensity level of any individual operation or plant exceed the following table. Objectionable noises of an intermittent nature shall be controlled by the occupant so as not to become a nuisance to adjacent uses.
Between 8:00 a.m. and 6:00 p.m.
Maximum permitted sound level shall be reduced by three decibels in each octave band between the hours of 6:00 p.m. and 8:00 a.m.
No use shall henceforth be operated so as to produce ground vibration noticeable without instruments, at any lot line of the premises on which the use is located.
604.1 Measurement of smoke emission: For the purpose of measuring the density of smoke emissions, the Mississippi Air and Water Department shall be employed.
604.2 Density of emission: Every use shall be so operated to prevent the emission of smoke from any source whatever, to a density greater than described as Number 1 on the Ringlemann Smoke Chart, provided, however, that smoke equal to, but not in excess of that shade appearance described as Number 2 on the Ringlemann Chart, may be emitted for a period or periods totalling four minutes in any 30 minutes. During periods of observation, density readings shall be made at least once every minute at the point of emission and the number of smoke units shall be derived.
Furthermore, 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 premises on which the use is located.
605.1 Standards for measurable effluents: The standards set forth in this subsection apply to the emission into the atmosphere of odorous matter for which the quantity of effluent can be measured in cubic feet per minute, originating from flues, ducts, stacks, or any other type of opening. Such emission of odorous matter shall be controlled and shall be regulated by the standards set forth in the following table. Such emissions, after collection at the lot line and diluted in tests under controlled conditions with volumes of clean air in the proportion set forth in the following table, shall not be detectable.
Standards for Measurable Odorous Matter
(In cubic feet per minute)
605.2 Standards for effluents not measurable: Where a use emits into the atmosphere odorous matter for which the quantity of effluent cannot be measured in cubic feet per minute, no such use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at or beyond the lot line of the property on which the use is located.
No use shall, for any period of time, discharge across the boundaries of a lot on which it is located, toxic or noxious matter in such concentrations as to be detrimental or cause injury or damage to, or endanger the public health, safety, comfort, or general welfare of, persons, property or the use of property or land.
No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception in a zoning district.
608.1 Compatibility with other city codes: Each use shall be operated so as to minimize the danger from fire and explosion and to comply with the regulations contained in the city's building code and fire prevention code.
608.2 Uses in industrial districts: In zoning districts I-1 and I-2 only, the storage, utilization and manufacturing of the following are permitted:
(a)
Solid materials or products including incombustible to moderate burning materials which will be consumed slowly.
(b)
Solid materials or products including free burning and intense burning (having a hot ignition temperature and a high rate of burning), provided that said materials or products shall be stored, utilized or manufactured within completely enclosed building having incombustible walls and protected throughout by an automatic fire extinguishing system.
(c)
Flammable liquids and materials which produce flammable or explosive vapors or gasses, provided that these are stored underground, exclusive of storage or finished products in original sealed containers of not more than 55 gallons, which shall be unrestricted.
In every case, the storage, handling and use of flammable materials shall be in accordance with standards set by the National Board of Fire Underwriters.
Any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that the steam, humidity, heat or glare is not perceptible at or beyond the boundary of the district in which the use is located, or cannot be perceived in any residential or commercial district.
Lighting shall not cause visual glare toward or into any residential district or public street.
PERFORMANCE STANDARDS
601.1 Application of performance standards: After the effective date of this ordinance:
(a)
Any use established or changed to, and any building structure, or land developed, constructed or used for, any permitted principal use, or any use permissible as a special exception, or any accessory use, shall comply with all of the performance standards herein set forth for the district involved.
(b)
If any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use, building, or other structure.
601.2 Administration and enforcement of performance standards:
(a)
Intent concerning determinations involved in administration and enforcement of performance standards. Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this ordinance that:
(1)
Where determinations can be made by the building inspector or other city employees, using equipment normally available to the city or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable for the city to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.
(b)
Performance standards relating to emission of smoke, fire, and explosive hazards where flash point of flammable materials is known, humidity, heat, glare, and electromagnetic interference. If the administrative official finds, after making determination in the manner set forth in this ordinance, that there is violation of performance standards relating to emission of smoke, fire, and explosive hazards where flash point of flammable materials is known, humidity, heat, glare, or electromagnetic influence, he shall take or cause to be taken lawful action to cause correction thereto within the limits set by such performance standards. Failure to obey lawful orders concerning such correction shall be punishable as provided in section[s] 1302 and 1303, violation and penalty.
(c)
Performance standards relating to measurement of particulate matter, vibration, noise, fire and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter, and radiation hazards. If, in the considered judgment of the administrative official, there is probable violation of the performance standards as set forth herein concerning emission of particulate matter, vibration, noise, fire, and explosive hazards where flash point of flammable materials is not known, toxic or noxious matter, odorous matter, or radiation hazards the following procedures shall be followed.
602.1 Measurement of noise: For the purpose of measuring the intensity and frequencies of sound, sound level meters and active band filters, shall be employed, such instruments and devices being manufactured in compliance with standards prescribed by the American Standards Association.
602.2 Sound intensity levels: At no point on a property line or district boundary as indicated, shall the sound intensity level of any individual operation or plant exceed the following table. Objectionable noises of an intermittent nature shall be controlled by the occupant so as not to become a nuisance to adjacent uses.
Between 8:00 a.m. and 6:00 p.m.
Maximum permitted sound level shall be reduced by three decibels in each octave band between the hours of 6:00 p.m. and 8:00 a.m.
No use shall henceforth be operated so as to produce ground vibration noticeable without instruments, at any lot line of the premises on which the use is located.
604.1 Measurement of smoke emission: For the purpose of measuring the density of smoke emissions, the Mississippi Air and Water Department shall be employed.
604.2 Density of emission: Every use shall be so operated to prevent the emission of smoke from any source whatever, to a density greater than described as Number 1 on the Ringlemann Smoke Chart, provided, however, that smoke equal to, but not in excess of that shade appearance described as Number 2 on the Ringlemann Chart, may be emitted for a period or periods totalling four minutes in any 30 minutes. During periods of observation, density readings shall be made at least once every minute at the point of emission and the number of smoke units shall be derived.
Furthermore, 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 premises on which the use is located.
605.1 Standards for measurable effluents: The standards set forth in this subsection apply to the emission into the atmosphere of odorous matter for which the quantity of effluent can be measured in cubic feet per minute, originating from flues, ducts, stacks, or any other type of opening. Such emission of odorous matter shall be controlled and shall be regulated by the standards set forth in the following table. Such emissions, after collection at the lot line and diluted in tests under controlled conditions with volumes of clean air in the proportion set forth in the following table, shall not be detectable.
Standards for Measurable Odorous Matter
(In cubic feet per minute)
605.2 Standards for effluents not measurable: Where a use emits into the atmosphere odorous matter for which the quantity of effluent cannot be measured in cubic feet per minute, no such use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at or beyond the lot line of the property on which the use is located.
No use shall, for any period of time, discharge across the boundaries of a lot on which it is located, toxic or noxious matter in such concentrations as to be detrimental or cause injury or damage to, or endanger the public health, safety, comfort, or general welfare of, persons, property or the use of property or land.
No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio or television reception in a zoning district.
608.1 Compatibility with other city codes: Each use shall be operated so as to minimize the danger from fire and explosion and to comply with the regulations contained in the city's building code and fire prevention code.
608.2 Uses in industrial districts: In zoning districts I-1 and I-2 only, the storage, utilization and manufacturing of the following are permitted:
(a)
Solid materials or products including incombustible to moderate burning materials which will be consumed slowly.
(b)
Solid materials or products including free burning and intense burning (having a hot ignition temperature and a high rate of burning), provided that said materials or products shall be stored, utilized or manufactured within completely enclosed building having incombustible walls and protected throughout by an automatic fire extinguishing system.
(c)
Flammable liquids and materials which produce flammable or explosive vapors or gasses, provided that these are stored underground, exclusive of storage or finished products in original sealed containers of not more than 55 gallons, which shall be unrestricted.
In every case, the storage, handling and use of flammable materials shall be in accordance with standards set by the National Board of Fire Underwriters.
Any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that the steam, humidity, heat or glare is not perceptible at or beyond the boundary of the district in which the use is located, or cannot be perceived in any residential or commercial district.
Lighting shall not cause visual glare toward or into any residential district or public street.