a.

Property and buildings to be used for all non-residential operations shall be so designed and laid out as to minimize disturbance to adjacent property by such features as buffer fences, plantings, suitably located points of traffic ingress and egress, and areas for loading and parking. Without limitation, see Zoning Ordinance Articles VI and XVI and Land Development and Subdivision Regulations, Article X.

b.

No structure shall be erected for any non-residential use or occupied for non-residential use, and no land shall be used for non-residential purposes, unless such non-residential use and operation is in accordance with the performance standards of this article.

(Ord. No. 2025-0007, 4-21-25)

a.

All applications for non-residential uses, in addition to all other ordinances and regulations, shall be reviewed by the reviewing authority for compliance with the performance standards of Section 3 of this Article.

It is intended that the burden of proof for the establishment of compliance with the performance standards of Section 3 shall rest with the applicant. All information and evidence submitted in applications to indicate conformity to performance standards shall constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

No applicant shall be required to reveal any secret processes. The applicant shall be invited to appear before the reviewing authority at its scheduled meeting.

b.

The reviewing authority may require such evidence as may be pertinent to establishing assurance that the proposed use will comply with Section 3, including expected levels or quantities of noise, vibration, liquid or solid wastes, smoke and other forms of air pollution, heat and glare, or other nuisances as set forth in Section 3 in terms easily comparable with the values given in that section.

In cases where correction devices are to be used, they shall be stated, and examples of such correction devices in use will be given with such illustrations as are necessary to clearly convey the methods used to the reviewing authority.

Examples of similar operations in actual use, with photographs, testimony and explanation, may be submitted to the reviewing authority to clearly convey the type of use and its performance.

c.

In the event of a determination by the zoning officer of a violation of the performance standards subsequent to the granting of a permit, a written notice of the violation shall be sent by registered mail to the owner of the use. The notice shall further state that, upon the continuation of the violation, technical determinations as described in this ordinance shall be made by the zoning officer, or designee, and, if violations as alleged are found, costs of such determinations, including the costs of hiring qualified experts, shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate. If it is determined that no violation exists, the cost of the determination will be paid by the Town of Tiverton.

(Ord. No. 2025-0007, 4-21-25)

The following standards for the operation of uses in all districts shall apply:

a.

Noise. Noise shall be measured from any property line of the tract on which the non-residential operation is located. Non-residential noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness.

At the specified points of measurement, the sound pressure level of noise radiated continuously from a non-residential facility or activity (other than background noises not under the direct control of the use, such as vehicular traffic) shall not exceed the values given in tables 1 and 2 below, in octave bands of frequency between the nighttime hours of 7:00 p.m. and 7:00 a.m.

The instruments used for these measurements shall conform to the specifications published by the American Standards Association, Inc., New York, N.Y., or equivalent. The sound pressure level shall be measured with a sound level meter (American Standard Specification for Sound Level Meters for Measurement of Noise and Other Sounds, S1.4-1961) and an octave band analyzer (American Standard Specification for an Octave Band Filter Set, as indicated in table 1), or similar tools.

TABLE 1. MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS

*a

Pre-1960 octave bands. A standardized series of octave bands prescribed by the American Standards Association in Z24.10-1953, Octave Band Filter Set for the Analysis of Noise and Other Sounds.

*b

Preferred frequency octave bands. A standardized series of octave bands prescribed by the American Standards Association in S1.6-1960, Preferred Frequencies for Acoustical Measurements. If the noise is not smooth and continuous and/or is not radiated between the hours of 7:00 p.m. and 7:00 a.m., one or more of the corrections in table 2 shall be added to or subtracted from each of the decibel levels given in table 1.

TABLE 2

*Apply one of these corrections only.

b.

Vibration. Vibration shall be measured at the nearest property line, and shall be regulated by the following standards:

(1)

No vibration is permitted which is discernable to human sense of feelings for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m.

(2)

No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of table 7, U.S. Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," as amended, on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this regulation and are incorporated as part of this ordinance.

c.

Smoke and other forms of air pollution. Non-residential operations, without limitation to the applicability of other regulations and statutes, shall conform to the most current rules and regulations of the Rhode Island Department of Health and Department of Environmental Management, which regulations are hereby incorporated as part of this ordinance.

d.

Sewage and waste. Sewage and waste shall be deposited in the public sewage system when available. Without limitation to the applicability of other regulations and statutes, effluent which is discharged into the ground shall at all times comply with the most current rules and regulations of the Rhode Island Department of Health and Department of Environmental Management, which regulations are hereby incorporated as part of this ordinance.

e.

Heat and glare. Any non-residential operation producing heat and glare, as differentiated from interior illumination, shall be shielded so that no heat or glare can be recorded at the property line. Exterior lighting shall not be used in such a manner that produces glare on public highways or neighboring property.

f.

Radiation. Non-residential operations shall cause no dangerous radiation at the property line as specified by the regulations of the United States Atomic Energy Commission.

(Ord. No. 2025-0007, 4-21-25)