A.

Purpose.

The purpose of this Article is to establish controls on the impacts generated by permitted uses so as to prevent an unreasonable negative impact that might interfere with another person's use of his or her property, or that might cause harm to the public health safety, and welfare.

B.

Scope of Application.

No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, altered, reconstructed or moved after the effective date of this Ordinance, except in conformity with all applicable performance standards set forth in this Article. No site plan or other land use or development application shall be approved that is not in conformity with the requirements of this Article.

C.

Submission of Additional Data.

Nothing in this Article shall preclude the applicant or other interested party from submitting additional data or evidence related to a specific case. In consideration of such data or evidence, the Planning Commission may waive or modify the regulations set forth in this Article, provided that the Planning Commission finds that no harm to the public health, safety or welfare will result, and that the intent of this Ordinance will be upheld.

No activity, operation or use of land, buildings or equipment shall be permitted if such activity, operation or use produces an environmental impact or irritant to sensory perception that exceeds the standards set forth in this Section.

A.

Noise.

1.

Definitions. The terms used in this section shall have the meaning ascribed to them as follows. Terms used in this Article but not defined below or in Section 25.02 (Definitions) shall have the meaning ascribed to them by the American National Standards Institute (ANSI) or its successor body:

a.

A-weighted sound level: The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read may be designated dB(A).

b.

Day-night average sound level: The 24-hour energy average of the A-weighted sound pressure level, with the levels during the period of 10:00 p.m. to 7:00 a.m. the following day increased by 10 dB(A) before averaging.

c.

Emergency: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate attention.

d.

Impulsive sound: Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and discharge of firearms.

e.

Noise: Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

f.

Noise disturbance: Any sound which (a) endangers or injures the safety or health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c) endangers or injures personal or real property. For the purposes of this Ordinance, a noise disturbance shall be further defined as any sound which exceeds the limits set forth in Table A, following, or other standards set forth in this section.

g.

Noise sensitive zone: An area which contains noise-sensitive activities such as but not limited to, operations of school libraries, churches, hospitals, and nursing homes.

h.

Pure tone: Any sound which can be distinctly heard as a single pitch, or a set of single pitches.

i.

Sound: An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium.

j.

Sound level: The weighted sound pressure level obtained by the use of a sound level meter and frequency weighing network (for the purposes of this ordinance an A-weighted network), as specified by the American National Standards Institute.

k.

Vibration: An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.

2.

Noise disturbances prohibited. No person shall unreasonably make, continue, or cause to be made or continued, any noise disturbance. Examples of noise disturbances include, but are not limited to:

a.

Sounds which exceed Ordinance limits. Any sound that exceeds the specific limits set forth in this Article shall be deemed a noise disturbance.

b.

Loading and unloading. Loading and unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance across a residential district boundary or within a noise sensitive zone.

c.

Construction. Operation of any tools or equipment used in construction, drilling, or demolition work shall be prohibited where the sound would create a noise disturbance across a residential district boundary or within a noise sensitive zone. This provision shall apply between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Saturday, or any time on Sundays or holidays, but shall not apply to emergency work or public service utilities.

d.

Vibration. Operating of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property of the source shall be prohibited. For the purposes of this Article, vibration perception threshold means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or observation of moving objects.

e.

Noise sensitive zones. Creating of any sound within any noise sensitive zone so as to disrupt the activities normally conducted within the zone shall be prohibited, even if the average A-weighted sound level is lower than the specific limits set forth in this Article, provided that conspicuous signs are displayed indicating the presence of the zone.

3.

Exceptions. The provisions in this Article shall not apply to the following uses and circumstances:

a.

Emergency exceptions. The emission of sound for the purpose of alerting persons to existence of an emergency, or in the performance of emergency work shall be exempt from the provisions of this Article.

b.

Additional exceptions. The provisions in this Article shall not apply to the following activities, provided that such activities are conducted in a legally-accepted manner:

(1)

Snow plowing, street sweeping, and other public works activities.

(2)

Agricultural uses.

(3)

Church bells, chimes, and carillons.

(4)

Lawn care and house maintenance that occurs between 8:00 a.m. and 9:00 p.m.

(5)

Licensed vehicles being operated on a road or street.

(6)

Nighttime excavation, construction, or repair of bridges, streets, or highways by or on behalf of local, county, or state road authorities, where necessary to preserve the public safety, welfare, or convenience.

(7)

The reasonable use of stationary amplifiers or loudspeakers in the course of non-commercial public addresses or festivals.

4.

Variances. An application for a variance from the provisions in this Article may be submitted to the Zoning Board of Appeals by the owner or operator of equipment on the property, subject to the following:

a.

Documentation shall be provided regarding the effects of sound from the equipment on the overall sound level in the area, including a study of the background sound levels, predicted level of sound at the boundary line due to the proposed operation, and justifications for the variance request in accordance with the criteria applicable to variances specified in Section 19.05 (Zoning Board of Appeals Authority, Responsibilities and Procedures).

b.

Upon review of the request for a variance, the Zoning Board of Appeals may grant a variance where strict adherence to the permitted sound level would create unnecessary hardship, provided that the variance would not create a threat to the public health, safety, or welfare.

c.

The Zoning Board of Appeals may impose time constraints and other conditions on the operation when granting a variance.

5.

Maximum permitted sound levels by receiving zoning district. Sound emitted by any source is considered a noise disturbance when its average A-weighted sound level exceeds the limit set forth for the receiving zoning district in the following table, when measured at or within the property boundary of the receiving district. All measurements and designations of sound levels shall be expressed in day-night average sound levels.

Maximum Permitted Average A-Weighted Sound Levels

Notes related to table:

a.

Correction for tonal sounds. For any source of sound which emits a pure tone sound, the maximum sound level limits of this table shall be reduced by 5 dB(A) where the receiving district is residential or commercial-noise sensitive.

b.

Correction for impulsive or impact-type sounds. For any source of sound which emits an atypical impulsive or impact-type sound, the maximum sound level limits of this table shall be reduced by 5 dB(A) where the receiving district is residential or commercial-noise sensitive.

c.

Planned development. Where the receiving district is a planned development district, the applicable standards of this table shall be based on the types of uses within the planned development.

d.

Noise ordinance. Nothing in this Article shall be deemed to supercede the Noise Ordinance, as specified in the City of Riverview Code of Ordinances.

6.

Permitted land use. No new or substantially modified structure shall be approved for construction unless the owner or developer of such land demonstrates that the completed structure and the activities associated with and on the same property as the structure will not generate a noise disturbance as set forth in this Section at the time of initial full-scale operation of such activities.

B.

Surface Water Flow.

No site plan review application and no proposal for division of land shall be approved if subsequent development within the required setbacks would result in identifiable disruption to the existing or natural flow of water within drainage ditches, natural water courses, or drains having a recorded easement, unless evidence of a feasible alternate method of drainage is presented and approved by the Wayne County Drain Commissioner.

C.

Dust, Smoke, Soot, Dirt, Fly Ash and Products of Wind Erosion.

Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the regulations established in conjunction with the Michigan Environmental Protection Act, Public Act 451 of 1994, as amended, or other applicable state or federal regulations. No person, firm or corporation shall operate or maintain any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, unless such processes or devices use or are equipped with recognized and approved equipment, methods, or technology to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air.

The drifting of air-borne matter beyond the lot line, including wind-blown dust, particles or debris from open stock piles, shall be prohibited. Emission of particulate matter from material products, or surfaces subject to wind erosion shall be controlled by paving, oiling, wetting, covering, landscaping, fencing, or other means.

D.

Odor.

Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on adjoining property, or which could be detrimental to human, plant, or animal life.

E.

Glare and Heat.

Any operation or activity which produces glare shall be conducted so that direct and indirect illumination from the source of light does not exceed one-half (½) footcandle when measured at any point along the property line of the site on which the operation is located. Any operation which produces intense glare or heat shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.

F.

Fire and Safety Hazards.

1.

General Requirements. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with the Fire Prevention and Protection Code, as specified in the City of Riverview Code of Ordinances, and applicable state, county and local regulations, including the Michigan Fire Prevention Code, Public Act 207 of 1941, as amended.

2.

Storage Tanks. All storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or another type of approved retaining wall capable of containing one and one half (1.5) times the capacity of the largest tank so enclosed. The floor of the retention area shall be impervious to and non-reactive with the contents of the tank. These provisions shall not apply to approved tanks that hold propane or other fuel used for heating a dwelling or other building on the site.

Below-ground bulk storage tanks that contain flammable material shall be located no closer to the property line than the distance to the bottom of the buried tank, measured at the point of greatest depth. All underground tanks shall be registered with the State of Michigan in accordance with applicable state laws and regulations. The location and contents of all such tanks shall be indicated on the site plan.

3.

Detonable Materials. The storage, utilization, or manufacture of detonable materials shall be permitted, subject to approval by the Fire Chief and the following restrictions:

Detonable materials covered by these requirements include, but are not necessarily limited to the following:

a.

All primary explosives such as lead azide, lead styphnate, fulminates, and tetracene.

b.

All high explosives such as TNT, RDX, HMX, PETN, and picric acid

c.

Propellants and components thereof such as dry nitrocellulose, black powder, boron hydrides, and hydrazine and its derivatives.

d.

Pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate.

e.

Blasting explosives such as dynamite and nitroglycerin.

f.

Unstable organic compounds such as acetylides, tetrazoles, and ozonides.

g.

Strong unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentrations greater than 35 percent.

h.

Nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

G.

Sewage Wastes and Water Pollution.

Sewage disposal (including septic systems) and water pollution shall be subject to the standards and regulations established by federal, state, county and local regulatory agencies, including the Michigan Department of Health, the Michigan Department of Environmental Quality, the Wayne County Health Department, and the U.S. Environmental Protection Agency.

H.

Gases.

The escape of or emission of any gas that is injurious or destructive to life or property, or that is explosive, is prohibited. Gaseous emissions shall be subject to regulations established in conjunction with the Michigan Environmental Protection Act, Public Act 451 of 1994, as amended, federal Clean Air Acts, as amended, and any other applicable state or federal regulations. Accordingly, gaseous emissions measured at the property line at ground level shall not exceed the levels indicated in the following chart that is based on the National Ambient Air Quality Standards, unless a higher standard is imposed by a federal state, county or local regulatory agency with jurisdiction:

Notes Related to Table:

a.

ppm = parts per million

b.

µg = micrograms

c.

mg = milligrams

d.

cc = cubic centimeters

I.

Electromagnetic Radiation and Radio Transmission.

Electronic equipment required in an industrial, commercial or other operation shall be designed and used in accordance with applicable rules and regulations established by the Federal Communications Commission (FCC). The operation of such equipment shall not interfere with the use of radio, television, or other electronic equipment on surrounding or nearby property.

J.

Radioactive Materials.

Radioactive material wastes and emissions, including electromagnetic radiation, shall not exceed levels established by occupational and health standards and state and fderal agencies that have jurisdiction. No operation shall be permitted that causes any individual outside of the lot lines to be exposed to any radiation exceeding the lowest concentration permitted for the general population by federal and state laws and regulations currently in effect.

In the event that the City receives complaints or otherwise acquires evidence of possible violation of any of the performance standards set forth in this Article, the following procedures shall be used to investigate, and if necessary, resolve the violation:

A.

Official Investigation.

Upon receipt of evidence of possible violation, the Community Development Director shall make a determination whether there is reasonable cause to suspect the operation is indeed in violation of the performance standards. The Director may initiate an official investigation in order to make such a determination.

Upon initiation of an official investigation, the Community Development Director is empowered to require the owner or operator of the facility in question to submit data and evidence deemed necessary to make an objective determination regarding the possible violation. Failure of the owner or operator to supply requested data shall constitute grounds for taking legal action to terminate the use and/or deny or cancel any permits required for continued use of the land. Data which may be required includes, but is not limited to the following:

1.

Plans of the existing or proposed facilities, including buildings and equipment.

2.

A description of the existing or proposed machinery, processes, and products.

3.

Specifications for the mechanisms and techniques used or proposed to be used to control emissions regulated under the provisions of this Article.

4.

Measurement of the amount or rate of emissions of the material purported to be in violation.

B.

Method and Cost of Determination.

The Community Development Director shall take measurements and complete investigation necessary to make an objective determination concerning the purported violation. Where required measurements and investigation can be accurately using equipment and personnel normally available to the City without extraordinary expense, such measurements and investigation shall be completed before notice of violation is issued. If necessary, skilled personnel and spec equipment or instruments shall be secured in order to make the required determination.

If the alleged violation is found to exist in fact, the costs of making such determination shall be charged against those responsible, in addition to such other penalties as may be appropriate. If it is determined that no substantive violation exists then the costs of this determination shall be paid by the City.

C.

Appropriate Remedies.

If, after appropriate investigation, the Community Development Director determines that a violation does exist, the Director shall take or cause to be taken lawful action as provided by this Ordinance to eliminate such violation. The owners or operators of the facility deemed response shall be given written notice of the violation. The Director shall take appropriate action in accordance with the owner or operator's response to the notice of violation. Appropriate action includes the following:

1.

Correction of violation within time limit. If the alleged violation is corrected within the specified time limit, even if there is no reply to the notice, the Community Development Director shall note "Violation Corrected" on the City's copy of the notice, which shall be retained on file. If necessary, the Director may take other action as warranted by the circumstances of the case, pursuant to the regulations in this and other City Ordinances.

2.

Violation not corrected and no reply from owner or operator. If there is no reply from the owner or operator within the specified time limits and the alleged violation is not corrected in accordance with the regulations set forth in this Article, then the Community Development Director shall take such action as may be warranted to correct the violation.

3.

Reply requesting time extension. If a reply is received within the specified time limit indicating that an alleged violation will be corrected in accordance with the regulations set forth in this Ordinance, but that more time is required than was granted by the original notice, the Community Development Director may grant an extension if:

a.

The Director deems that such extension is warranted because of the circumstances in the case; and

b.

The Director determines that such extension will not cause imminent peril to life, health, or property.

4.

Reply requesting technical determination. If a reply is received within the specified time limit request further review and technical analysis even though the alleged violations continue, then the Community Development Director may call in properly qualified experts to complete such analysis and confirm or refute the initial determination of violation.

D.

Costs and Penalties Incurred.

If expert findings indicate that violations of the performance standards do exist in fact, the costs incurred in making such a determination shall be paid by the persons responsible for the violations in addition to other applicable penalties under this Ordinance. Such costs shall be billed to those owners or operators of the subject use who are deemed responsible for the violation.

If the bill is not paid within 30 days, the City shall take necessary action to recover such costs, or alternately, the cost shall be charged against the property where the violation occurred. If no substantial violation is found, the cost of determination shall be paid by the City.