(a)

Scope. All uses and activities permitted as of right, special exceptions, or special permit in any district shall conform to the standards of performance described below and shall be constructed, maintained, and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard, or glare; so as not to allow any non-permitted use to occur on the property; and/or so as to be operated in such a manner as will allow for the continuation of essential services during times of emergencies due to events such as hurricanes or other natural disasters.

(b)

Noise.

(1)

Declaration of legislative finding. The intent and purpose of this section is to eliminate, regulate and restrict sourcesand occurrences of noise and disturbances which interfere with the peaceful enjoyment of residential property and which are contrary to the public welfare and constitute a nuisance to the public at large.

(2)

Declaration of intent. The intent and purpose of this section is to eliminate, regulate and restrict sources and occurrences of noise and disturbances which interfere with the peaceful enjoyment of residential property and which are contrary to the public welfare and constitute a nuisance to the public at large.

(3)

Definitions. As used in this subsection, unless the context clearly indicates otherwise, the terminology defined below shall be applicable. Any terminology defined below shall be interpreted in conformance with the applicable publication of the American National Standards Institute or its successor body:

a.

A-weighted sound-pressure level means the sound-pressure level as measured with a sound-level meter using the A-weighting network. The standard notation is dB (A) or dBA.

b.

ANSI means the American National Standards Institute or its successor bodies.

c.

Complaining property means that property which is included in a residential district receiving sound levels, including but not limited to lots, parcels, tracts or individual dwelling units.

d.

Construction work means any site preparation assembly, erection, substantial repair, alteration, demolition or similar action on public or private rights-of-way, structures, utilities or similar property pursuant to lawful authority.

e.

dBA means the total sound level of all noise as measured with a sound-level meter using an A-weighting network. The unit is decibel based on a reference sound pressure of 0.0002 microbars.

f.

Emergency work means work made necessary to restore property to a safe condition following a calamity or work required to protect persons or property from imminent exposure to danger.

g.

Enforcement official shall mean and refer to any person authorized to enforce the provisions of this section, including but not limited to sheriffs, zoning, building or health inspectors.

h.

Fixed mechanical equipment shall mean mechanical equipment, such as an air-conditioning unit, water-cooling tower, swimming pool pump, fan, power generator or other similar power-source equipment permanently affixed to real property as distinguished from temporary, portable, nonfixed mechanical equipment.

i.

Person means individuals, children, corporations, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries and all other groups or combinations thereof.

j.

Residential district means any area which is zoned residential under the village zoning ordinance as amended. Any creation of additional residential zones by amendment to the zoning code or rezoning of property to residential status which occurs after the effective date of this Code shall be automatically included in the residential district for the purposes of this section. Further, any boundary roads surrounding the residential district shall be deemed to be included in said district.

k.

Sound level means the weighted sound pressure obtained by the use of a metering characteristic with an A-weighting as specified in the ANSI specifications for sound-level meters.

l.

Sound-level meter means an instrument which includes a microphone, amplifier and output meter and frequency-weighting networks for the measurement of noise and sound levels in a manner to meet ANSI standards.

m.

Source property means the property from which the subject sound is originating, including public or private streets, sidewalks or other public or open space areas.

(4)

Maximum permissible sound levels; general prohibition. No person shall operate or cause to be operated any source of sound from any location in such a manner as to create a sound level which exceeds the limits set forth in table 1 below for inhabited residential receiving land more than ten (10) percent of any measurement period, which period shall not be less than ten (10) minutes when measured at or within the property boundary of the complaining property. A violation of this section shall have occurred without the occasion of the measurements being made as provided herein if circumstances are such that the offending sound, because of its very nature, is unusually loud and obviously offensive to a reasonable prudent person of ordinary sensitivity situated upon the complaining property.

Sound level measurement shall be made with a type 2 or better sound-level meter using the A-weighting scale in accordance with the standards promulgated by the American National Standards Institute (ANSI).

Measurement location: All measurements shall be made with a sound meter at or within the boundary of the complaining property.

Table 1

Maximum Permissible Sound Levels for
Inhabited Residential and Commercial Receiving Land:

(5)

Specific prohibitions. In addition to the general prohibitions set out above, the following specific acts are declared to be in violation of this section:

a.

Horns, signaling devices. The sounding of any horn or audible signal device of any motor vehicle, boat, train, engine, machine or stationary boiler of any kind except as required by law or as a danger-warning device for any unnecessary or unreasonable period of time.

b.

Radios, television, musical instruments and similar devices. The operating or playing of any radio, television, phonograph, musical instrument or similar device which produces or reproduces sound in such a manner as to exceed the levels set forth in table 1 above or the operating or playing of any radio, television, phonograph, musical instrument or similar device on the public rights-of-way or in public parks in a manner as to be plainly audible at a distance of one hundred (100) feet from the sound source.

c.

Loudspeakers and sound amplifiers. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays within or adjacent to an inhabited residential area such that the sound therefrom is plainly audible across the property line of the inhabited residential property; however, this section shall not apply to any public performances, gatherings or parades lawfully held.

d.

Street sales advertising. The use or operation of any loudspeaker, sound amplifier or musical instrument which produces or reproduces sound which is cast or emitted upon the public streets and sidewalks for the purpose of commercial advertising or for attracting the attention of the public to any particular building, structure or place when such sound that is emitted is plainly audible across the property line of any inhabited residential property.

e.

Machinery construction work. The operation of any machinery, demolition equipment, construction equipment, power tools, equipment of semimechanical devices or undertaking construction work which emits a sound plainly audible across the property line of an inhabited residential property between the hours of 10:00 p.m. and 7:00 a.m. However, this subsection shall not prohibit the use of temporary pumps or machinery which, because of its very nature and purpose, is required to be operated twenty-four (24) hours a day.

f.

Lawn equipment. To operate lawn and garden equipment which emits sound plainly audible across the property line of inhabited residential property between the hours of 10:00 p.m. and 7:00 a.m.

(6)

Variance procedure. Any person desiring relief from the provisions of this section may apply for a variance to allow the creation of sound levels that would otherwise be in violation of this section pursuant to the procedures set forth in this Code. A variance may be granted upon a showing by the applicant that:

a.

Additional time is necessary for the applicant to alter or modify the activity in order to comply with the provisions of this section; or

b.

The activity, operation or noise source will be a temporary duration and cannot be done in a manner that would comply with the provisions of this section; and

c.

No reasonable alternative is available to the applicant. Any variance granted pursuant to this section shall contain thereon all conditions upon which said variance has been granted, including but not limited to the effective date, time of day, location, sound-level limit or equipment limitation and duration of variance.

(7)

Exemptions. The provisions of this subsection shall not apply at any time to:

a.

Sound emitted from the operation of motor vehicles legally operating on any public right-of-way which are regulated by Chapter 316, Florida Statutes, Uniform Traffic Control Law, provided, however, that this exemption shall not operate to exempt any sound-emitting device which may be physically attached to any motor vehicles, such as radios, amplifiers, loudspeakers or other similar devices.

b.

Any noise generated by interstate motor and rail carriers and aircraft or airport operations. Any other subjects to the extent preempted by applicable state or federal laws or regulations.

c.

Any noise generated as a result of emergency work or for the purpose of alerting persons to the existence of any emergency.

d.

Any noise generated by any public speaking or public-assembly activities conducted on any public space or public right-of-way pursuant to lawful authority, including sporting events.

e.

Noise produced by domestic power tools, lawn mowers and agricultural equipment when operated with a muffler between the hours of 7:00 a.m. to 10:00 p.m.

(8)

Public nuisance/injunctive relief. Any emission of noise from any source in excess of the limitations established in or pursuant to this section shall be deemed and is hereby declared to be a public nuisance. Upon receipt of written complaint of a violation of this section, the director may investigate and request the village attorney to file injunctive proceedings to abate said nuisance. Such proceedings shall be cumulative and in addition to the penalties provided herein.

(9)

Other remedies. Nothing in this section shall be construed to impair any cause of action at law or in equity by any person for injury, damages or other injunctive relief due to violations of this section.

(c)

Vibration. No use shall be operated so as to produce ground vibration noticeable without instruments at the lot line of the premises on which the use is located.

(d)

Smoke, emissions and other particulate matter.

(1)

No use or activity shall be operated except in full compliance with the requirements, regulations and prohibitions against air pollution as provided in the statutes and laws of the State of Florida and ordinances of the village.

(2)

In all districts, every use shall be so operated as 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 of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totalling three (3) minutes in any thirty (30) minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made by reference a part of these regulations, shall be the standard. All measurements shall be at the point of emission.

 Every use shall be so operated as to prevent the emission into the air of dust or other solid matter which may cause danger to property and the health of persons or animals at or beyond the lot line of the premises on which the use is located.

(e)

Odors. No use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. Table III, Chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists' Association, Inc., Washington, D.C., is hereby adopted as a guide in determining the quantities of offensive odors as are the guides and standards contained in the prohibitions against air pollution of the state department of environmental regulation.

(f)

Toxic or noxious matter. 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 concentration as to be detrimental to or endanger the public health, safety, comfort or general welfare or cause injury or damage to persons, property or the use of property or land or render unclean the waters of the state to the extent of being harmful or inimical to the public health or to animal or aquatic life or to the use of such waters for domestic water supply, industrial purposes, recreation or other legitimate and necessary uses.

(g)

Radiation. Any operation involving radiation, i.e., the use of gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons and other atomic or nuclear particles shall be permitted only in accordance with the codes, rules and regulations of the state board of health and state department of environmental regulation.

(h)

Electromagnetic radiation and interference.

(1)

Radiation. No person, firm or corporation shall operate or cause to be operated for any purpose any planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Any operation in compliance with the Federal Communications Commission regulation shall be deemed unlawful if such radiation causes an abnormal degradation of performance of any electromagnetic receptor of quality and proper design. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Electronic Industries Association.

(2)

Interference. No use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception in any district.

(i)

Humidity, heat or glare.

(1)

In all districts, any activity producing heat or glare shall be carried on in such a manner that such heat or glare is not perceptible at any lot line.

(2)

Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded so as not to create a nuisance across lot lines.

The light intensity from illumination of any kind shall not exceed fifty (50) footlamberts at any point along the line of the lot containing the light source.

(j)

Hours of operation. Uses shall not impact adversely upon adjacent or nearby uses due to hours of operation. Complaints regarding the creation of a nuisance due to extended or unusual hours of operation shall be submitted to the village council for review. Upon substantial proof that a public nuisance exists, at a public hearing called for such purpose, the village council shall set reasonable hours of operation for the complained of use in order to abate the public nuisance.

(k)

Outside storage. Outside storage in all districts as a minimum shall be screened from view of all adjacent properties and roadways. Screening shall meet the minimum setback requirements of the underlying zoning district. In commercial and industrial districts there shall be no outside storage unless specifically approved as a part of the site plan and architectural plan. Outside storage, where approved, shall be required to meet the minimum parking requirements of the related permitted use as set forth in section 23-51 for that total area devoted to such storage.

(l)

Outside sales. Outside sales are prohibited except where the outside sale function has been specifically approved as a part of a site plan or unless permitted under chapter 19.3 or section 16-12.

(m)

Emergency generators—Required for automotive service stations. All newly constructed automotive service stations which sell gasoline or other petroleum products shall have a permanently installed emergency generator. Existing automotive service stations which sell gasoline or other petroleum products shall be required to install permanent emergency generators whenever such service station is rebuilt after being destroyed, modified or altered to an extent of more than fifty (50) percent of its assessed value.

(1)

The emergency generators installed at automotive service stations pursuant to this subsection shall be sufficient to provide the necessary power to provide for gasoline to be dispensed to the public during periods when the local power source has been disrupted or is unavailable, for whatever reason, during an emergency event.

(2)

The permanent emergency generators installed at service stations are also subject to the noise standards and restrictions set forth in subsection (b) at table 1 hereinabove.

(Ord. No. 331, § 2(Exh. A), 12-20-89; Ord. No. 407, § 3, 7-18-91; Ord. No. 507, § 11, 10-3-96; Ord. No. 612, § 5, 8-16-01; Ord. No. 720, § 1, 7-21-05; Ord. No. 736, § 1, 1-5-06; Ord. No. 751, § 2, 7-6-06; Ord. No. 832, § 3, 4-15-10; Ord. No. 914, § 1, 6-18-15)

Editor's note— See editor's note to § 26-71.