Rochester City Zoning Code
ARTICLE 28
Performance Standards
§ 275-28.1 Purpose.
The purpose of these performance standards (or "impact mitigation standards") is to protect the community from hazards and nuisances, to set measurable standards and thresholds where practical, to recognize that certain valuable and responsible entities will inevitably produce certain impacts, and to provide accommodations for those operations subject to reasonable limitations.
§ 275-28.2 General provisions.
A.
Applicability. The performance standards contained herein shall apply to all property in the City of Rochester, whether developed or not, and whether subject to site plan or subdivision review or not.
B.
Mitigation. All uses, activities, and development in the City of Rochester shall be conducted in a manner that will most effectively prevent, eliminate, minimize, and/or mitigate the creation of any dangerous, noxious, injurious, or otherwise objectionable impacts from noise, glare, light, heat, dust, smoke, vibration, water pollution, air pollution, use of flammable materials, radiation, radioactivity, electrical disturbance, waste generation, sewage generation, vermin, or invasive or destructive plant species, as reasonably determined by the Director of Building, Zoning, and Licensing Services.
C.
Confinement to property. Property owners, residents, tenants, businesses, and developers shall take measures to confine such impacts within buildings or, at a minimum, to prevent their being perceptible or extending beyond lot lines.
D.
Nuisance or hazard. Any use, activity, or development which regularly, persistently, or significantly violates these provisions by creating a nuisance or hazard beyond the lot lines shall be prohibited.
E.
Safety data sheets. Any applicant, business, or property owner shall provide to the Fire Department, Director of Building, Zoning, and Licensing Services, Planning Board, Planning and Development Department, or other local authorities copies of Safety Data Sheets (MSDS) for all pertinent materials and processes upon request.
F.
Applicable law. All uses, activities, and development shall be carried on in conformance with all applicable local, state, and federal law.
§ 275-28.3 Noise.
A.
General terms.
(1)
No persistently loud or disruptive noise shall be permitted.
(2)
All noise that could be objectionable due to intermittence, beat frequency, or shrillness shall be appropriately muffled, mitigated, or terminated.
(3)
No external loudspeakers shall be permitted except for special events for which approval is granted by the Director of Building, Zoning, and Licensing Services or the Police Department, as appropriate.
B.
Maximum decibels. The following standards apply to any steady noise, measured at the lot line:
Maximum Permitted Decibels* | ||
|---|---|---|
Zoning District | Day | Night |
Residential | 60 | 50 |
Commercial | 65 | 55 |
Industrial | 70 | 60 |
*Notes to table: | |
|---|---|
A. | The Commercial District includes the Hospital Special District. The Industrial District includes the Airport Special District. |
B. | Day includes the hours between 7:00 a.m. and 10:00 p.m., Monday through Friday, and 9:00 a.m. to 10:00 p.m. on Saturday and Sunday. |
C. | Night includes the remaining hours. |
C.
Measurement. The preferred method for measuring noise is with a sound-level meter meeting the standards of the American National Standards Institute [ANSI S1.4-1983 (R 2006)], American National Standard Specification for Sound-Level Meters, or as amended. The instrument should be set to the A-weighted response scale and the meter to the slow response. Measurements should be conducted in accordance with current ANSI guidelines for the measurements of sound.
D.
Reference information. The following table is provided for reference only.
Sample Sound Levels in Decibels | |
|---|---|
Decibels | Activity |
30 | Whisper |
40 | Quiet room |
50 | Rain |
60 | Conversation, dishwasher |
70 | Busy traffic, vacuum |
80 | Alarm clock |
90 | Lawn mower |
100 | Snowmobile, chain saw |
Source: New Hampshire Sunday News, July 7, 1996, from the American Speech-Language-Hearing Association. |
E.
Exemptions; special exceptions. The following uses and activities shall be exempt from the provisions of this section:
(1)
Safety signals, warning devices, emergency relief valves, emergency generators, and other equipment when in operation due to an emergency, or testing or other planned operation.
(2)
Unamplified human voices and crowd noises generated at gatherings open to the public.
(3)
Power tools, including lawn mowers, snowblowers and chain saws, when used for the construction or maintenance of property (subject to any specific restrictions under this chapter or other applicable law or regulation).
(4)
Music and entertainment uses for which the ZBA has granted a special exception to exceed the limits herein subject to appropriate conditions.
§ 275-28.4 Other specific standards.
A.
Glare or light.
(1)
All exterior lights shall be designed, located, installed, and directed in such a manner so as to prevent glare and objectionable light trespass onto neighborhood properties or roads.
(2)
Any new light installations shall be in compliance with the lighting requirements under the Site Plan Regulations, whether site plan review is required or not.
(3)
Lights pointed in the direction toward any adjoining property or any road shall not be used. Floodlights may only be used in accordance with the lighting requirements under the Site Plan Regulations.
B.
Heat. There shall be no emission or transmission of heat so as to be discernible at the lot line.
C.
Odors. No use or operation shall create objectionable odors detectable beyond the lot line except agricultural uses within the Agricultural Zone. Objectionable odors are those that are offensive, foul, unpleasant, or repulsive and, due to their nature, concentration and duration, preclude abutting or neighboring property owners the reasonable enjoyment of their property.
D.
Dust or smoke. No observable dust or smoke from any commercial or industrial operation shall be exhausted into the air except as may be specifically approved by NHDES Division of Air Resources.
E.
Vibration.
(1)
No vibration which is transmitted through the ground shall be discernible without the aid of instruments at any point beyond the lot line.
(2)
No vibration which is transmitted through the ground shall exceed a maximum displacement of "G peak" measured at any point beyond the property line using either seismic or electronic vibration measuring equipment (subject to appropriate instrumentation being available to the Director of Building, Zoning, and Licensing Services).
F.
Water pollution. No hazardous or toxic material may be discharged into any stream, river, pond, or private septic system or into the ground such that any deterioration in the quality of the groundwater or surface water could result.
G.
Air pollution. Any emissions of fumes or gases into the atmosphere shall be in compliance with the standards set by the New Hampshire Department of Environmental Services, Division of Air Resources.
H.
Regulated hazardous materials. All use or storage of regulated hazardous materials shall be carried out with adequate safety, fire suppression, and firefighting devices. All reasonable measures shall be taken to reduce any potential fire hazards.
I.
Radiation/radioactivity.
(1)
Any emission of radioactivity shall be in compliance with the standards of the Atomic Energy Commission.
(2)
Any emission of radiation shall be in compliance with the standards of the New Hampshire Department of Health and Human Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
J.
Electrical disturbance. No electrical disturbance adversely affecting the operation of any equipment located beyond the boundaries of the operation shall be permitted.
K.
Waste disposal.
(1)
No waste material shall be placed upon or left to remain upon any open area outside of any building except in appropriate waste containers. This provision shall not apply to properly licensed junkyards.
(2)
Dumpsters. All dumpsters associated with new applications, including changes in use, shall be fully screened so they are not visible from a public way (road, sidewalk, footpath, trail, park, or navigable waterway owned by the City of Rochester or another governmental agency and intended to be accessible to the public).
(3)
The treatment and disposal of any waste materials, liquid and solid, including hazardous materials, shall be in compliance with all standards of the New Hampshire Department of Environmental Services, Divisions of Waste Management and Water, and of the New Hampshire Department of Health and Human Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Those generating, transporting, or receiving regulated waste must meet the licensing and registration requirements of state and federal law.
L.
Sewage disposal. All sewage disposal shall be in compliance with the standards of the New Hampshire Department of Environmental Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
M.
Vermin. No use or activity shall cause, or result in a condition conducive to, the propagation of rodents, insects, or other vermin.
N.
Plant species. No person shall install any plants clearly determined to be invasive or destructive. Refer to the New Hampshire Department of Agriculture, Markets, and Food prohibited invasive species list.
O.
Site restoration.
(1)
No site which has been abandoned; on which construction or development had been occurring but which has been indefinitely suspended; or on which any building or structure has been destroyed, demolished, burned, or abandoned shall be left to remain in a disorderly, unsightly, or hazardous state or in a condition that causes undue erosion, sedimentation, environmental degradation, or impairment of neighboring properties. Some reasonable allowance may be made for such sites for a temporary period not to exceed 90 days upon notification from the Director of Building, Zoning, and Licensing Services to allow property owners to restore or stabilize the sites.
(2)
The property owner, business owner, and contractor shall take all reasonable measures to clean, clear, restore, stabilize, regrade, and plant the site as appropriate in order to remove, correct, or mitigate any disorderly, unsightly, or hazardous conditions. The Director of Building, Zoning, and Licensing Services may take any appropriate measures to effect compliance with this provision, including correcting conditions and then placing a lien on the property for which the owner would be responsible for financial restitution to the City. Any aggrieved party may request a hearing before the Building Code Board of Appeals for actions taken by the City under this provision.
§ 275-28.5 Administration.
A.
At the request of the Planning Board or Director of Building, Zoning, and Licensing Services, an applicant shall submit appropriate information and materials to demonstrate that the performance standards herein will not be violated when the proposed use is put into operation.
B.
In implementing these standards, the Planning Board (in the case of site plan review) or the Director of Building, Zoning, and Licensing Services may call upon specified standards, technical specifications, and the technical expertise of appropriate local, state, and federal agencies.
C.
Where there is an alleged violation, if determinations can reasonably be made by the Director of Building, Zoning, and Licensing Services using equipment and personnel normally available to the City, such determinations shall be made before notice of violation is issued.
D.
Where technical complexity or expense make it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, the Director of Building, Zoning, and Licensing Services may take any action to secure appropriate equipment, obtain support from other agencies, or otherwise investigate the violation as permitted by the New Hampshire Revised Statutes Annotated.
E.
Where it is determined that there is a violation of the performance standards, the costs of special investigations or use of special equipment may be imposed upon the entity responsible for the violation, as reasonably determined by the Director of Building, Zoning, and Licensing Services.