No land or building in any district shall be used or occupied in any manner so as to create any dangerous, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness; electrical or other substance, condition, or element in such a manner, or in such amount, as to adversely affect the surrounding area or adjoining premises.

(Prior Code, § 17.18(1))

(a)

Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed, provided that such noises shall be capable of being so measured with such equipment. Noises capable of being so measured, for the purpose of this article, shall be those noises which cause rapid fluctuations of the needle of the sound level meter, with a variation of no more than plus or minus two (+/-2) decibels. Noises incapable of being so measured, such as those of an irregular or intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

(b)

At no point on the boundary of a residence or business district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in the following table:

OCTAVE BAND MAXIMUM PERMITTED SOUND LEVEL (decibels)

(Prior Code, § 17.18(2)(a))

All activities involving, and all storage of, inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be further subject to applicable federal, state and local laws and regulations.

(Prior Code, § 17.18(2)(b))

No activities shall be permitted that emit dangerous radiation. Radioactive emissions shall be further subject to applicable federal, state, and local laws and regulations.

(Prior Code, § 17.18(2)(c))

(a)

In non-industrial districts, no vibration, except during temporary construction activity, shall be permitted that is discernible without instruments beyond the property line of the source.

(b)

In industrial districts there shall be no operation or activity that would cause ground transmitted vibrations in excess of the limits set forth below at the boundary of this district under any conditions, nor beyond the property line if it would adversely affect any other use within the district.

MAXIMUM VIBRATION LEVELS

Vibrations shall be further subject to applicable federal, state, and local laws and regulations.

(Prior Code, § 17.18(2)(d))

No emission of offensive odorous gases or other offensive odorous matter in such quantities as to be readily detectable shall be permitted beyond the property lot lines of the source. Any process that may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. Odors shall be further subject to applicable federal, state, and local laws and regulations.

(Prior Code, § 17.18(2)(e))

No emission shall be permitted of visible grey smoke of a shade equal to or darker than No. 2 on the Ringlemann chart, except that visible grey smoke of a shade to No. 3 of the chart may be emitted four minutes in any 30-minute period. These provisions applicable to visible grey smoke shall also apply to visible smoke of a different color but with an apparently equivalent capacity. Smoke shall be further subject to applicable federal, state and local laws and regulations.

(Prior Code, § 17.18(2)(f))

No emission shall be permitted that can cause any damage to health, animals, vegetation, or other forms of property, or any excessive soiling, at any point. No sulfur compound shall be emitted which would result in a ground level concentration of sulfur dioxide at the property line or beyond in excess of 1.0 part per million in a 20-minute period of any hour or average exposure in excess of 0.1 part per million in any eight-hour period, nor shall any gas be emitted that contains sulfur dioxide in excess of 2,000 parts per million. Fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be further subject to applicable federal, state and local laws and regulations.

(Prior Code, § 17.18(2)(g))

All lighting shall be arranged so as to deflect light away from any adjoining residences. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the property lot line of the source shall be permitted. Glare and heat shall be further subject to applicable federal, state, and local laws and regulations.

(Prior Code, § 17.18(2)(h))

No wastes shall be discharged into the public sewer system that are dangerous to the public health and safety. No waste shall be discharged into a storm sewer or roadside ditch or drainage area except clear and unpolluted water. Liquid and solid waste shall be further subject to applicable federal, state, and local laws and regulations.

(Prior Code, § 17.18(2)(i))

The state department of natural resources, division of environment protection, pollution control standards shall take precedence over the above regulations except where city standards are higher.

(Prior Code, § 17.18(3))

(a)

Measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the same and at any points where the existence of the elements may be more apparent; provided, however, that the measurements necessary for enforcement of performance standards set forth in this article shall be taken at property line boundaries.

(b)

Notification. The administrator shall give written notice, by registered mail or other means ensuring a signed receipt for such notice, to the person responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the administrator. The notice shall state, and it is declared, that failure to reply or to correct the alleged violation to the satisfaction of the administrator within the time limit set constitutes admission of violation of the terms of this article.

(c)

Costs of determination. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this article will be made, and that if violations as alleged are found, costs of the determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but if violations as alleged are not found, costs of the determination shall be paid by the city.

(d)

Violation corrections. If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the administrator, he shall note "violation corrected" on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.

(e)

Enforcement. If there is no reply within the time limit set (thus establishing admission of violations) and the alleged violation is not corrected to the satisfaction of the administrator within the time limit set, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.

(f)

Extensions. If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the administrator, but requesting additional time, the administrator may grant an extension if he deems it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health, or property.

(g)

Expert findings. If a reply is received within the time limit set requesting technical determination as provided in this article, and if the alleged violation continues, the administrator may call in properly qualified experts to make the determinations. If the expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the provisions of this Code. If no violation is found, the costs of the determinations shall be paid by the city without assessment against the properties or persons involved.

(h)

Additional enforcement provisions. Even though compliance with performance standards procedure in obtaining a development permit is not required for a particular use, initial and continued compliance with performance standards shall be invoked by the administrator against any use if there are reasonable grounds to believe that performance standards are being violated by the use.

(Prior Code, § 17.18(4))