Port Jefferson City Zoning Code
ARTICLE VI
Miscellaneous Performance Standards
§ 250-23 Application of article.
The uses permitted in any district and uses accessory thereto are subject to the following performance standards and procedures.
§ 250-24 Compliance required; enforcement.
A.
Prior to construction and operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that said use will be operated in accordance with the performance standards set forth herein.
B.
Continued compliance. Continued compliance with performance standards is required, and enforcement of continued compliance with these performance standards shall be enforced by the Enforcement Officer or Board of Trustees.
C.
Determination of violation. The Enforcement Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Board of Trustees of the occurrence or existence of a probable violation thereof. If, after public hearings on due notice, the Board finds that a violation occurred or exists, such violation shall be terminated as provided in Subsection D following.
D.
Termination of violation. All violations, as ascertained in accordance with Subsection C above, shall be terminated within 30 days of the decision of the Board or shall be deemed a separate violation for each day following and subject to fines as set forth herein, except that certain uses established before the effective date of this chapter and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by the Board.
§ 250-25 Regulation of nuisance elements.
A.
Enumeration of elements. No land or building in any district which shall be used or occupied for any purpose shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution, electrical or other disturbance; glare; or other substance, condition or element in such amount as to adversely affect the surrounding area or premises (referred to herein as "dangerous or objectionable elements"); provided that any use permitted by this chapter may be undertaken and maintained in Districts C-1, C-2, W-P, I-2 and MW if it conforms to the regulations of this subsection limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.
[Amended 1-2-1976 by L.L. No. 1-1976]
B.
Location where determinations are to be made for the enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made at:
§ 250-26 Standards of enforcement.
A.
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbances adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall be complied with.
B.
Noise.
(1)
At the points of measurement specified in § 250-25B, the maximum sound-pressure level radiated in each standard octave band by any use or facility shall not exceed the values for octave bands lying within the several frequency limits given in Table I. The sound-pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association, Inc., New York, New York (American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc., New York, New York, shall be used).
Table I | ||
|---|---|---|
Fluency Ranges Containing Standard Octave Bands in Cycles Per Second | Octave Band Sound Pressure Level in Decibels re 0.0002 dyne/cm | |
20 to 75 | 65 | |
75 to 150 | 55 | |
150 to 300 | 50 | |
300 to 600 | 45 | |
600 to 1,200 | 40 | |
1,200 to 2,400 | 40 | |
35 | ||
(2)
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the octave band levels in Table I.
Table II | |||
|---|---|---|---|
Type or Location of Operation or Character of Noise | Correction (decibels) | ||
Daytime operation only | +5 | ||
Noise source operated less than* | |||
20% of any 1-hour period | +5 | ||
5% of any 1-hour period | +10 | ||
Noise of impulsive character (hammering, etc.) | -5 | ||
Noise of periodic character (hum, screech, etc.) | -5 | ||
*Note: Apply one of these corrections only. |
C.
Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 250-25B.
D.
Glare. No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in § 250-25B.
E.
Smoke. No emission shall be permitted from any chimney or otherwise of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc., copyright 1954 (being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines), except that visible gray smoke of a shade equal to No. 3 on said chart may be emitted for four minutes in any 30 minutes.
F.
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the zone lot from which they are emitted without instruments.
G.
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases or other forms of air pollution shall be permitted which causes any damage to health, to animal, vegetation or other forms of property or which causes any excessive soiling.