Valley Park City Zoning Code
ARTICLE VI
Environmental Performance Standards
Section 405.280 Scope of Provisions.
[Ord. No. 1914 §1(405.280), 5-6-2013]
Every use, activity, process or operation located or occurring in the City of Valley Park shall comply with the environmental performance standards prescribed in this Article, and no such existing use, activity, process or operation shall be hereafter altered or modified so as to conflict with, or further conflict with, such environmental performance standards. If, as of the date of adoption of this Chapter, the operations of any lawful existing use violates these environmental performance standards, such operations shall not be varied or changed in any way as to increase the degree of such violation. The operation of any existing conforming use in violation of the environmental performance standards shall not in itself make such use subject to Article VIII, Non-Conforming Uses.
Section 405.290 Administration and Enforcement.
[Ord. No. 1914 §1(405.290), 5-6-2013]
A.
Whenever, in the opinion of the Building Commissioner, there is a reasonable probability that any use or occupancy violates these environmental performance standards, he/she shall give written notice of at least seven (7) days' duration that said use or occupancy must be corrected. In case of an emergency he/she may take immediate action deemed appropriate to correct the violations. He/she is hereby authorized to employ a qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.
B.
In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analysis. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Section 405.880 of this Chapter.
C.
If a complaint is received regarding an alleged violation of any of the provisions of this Article and the Building Commissioner does not believe that there is a reasonable probability that such a violation actually exists, the Building Commissioner may, as a condition precedent to further investigation, require that the complainant post an escrow deposit in the amount of two hundred dollars ($200.00) to defray the cost of employing a qualified technician or technicians to perform such investigation and analyses as may be necessary to determine whether or not such violation exists.
1.
In the event that the complaint is substantiated, the escrow deposit shall be refunded to the depositor, and the reasonable fees associated with the investigation and analyses shall be recovered in the manner provided above.
2.
If the complaint proves unfounded, such fee shall be paid from the complainant's escrow deposit. Any remainder of such deposit shall be refunded to the complainant upon completion of the investigation.
Section 405.300 Performance Standards.
[Ord. No. 1914 §1(405.300), 5-6-2013]
A.
Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line of the lot on which the use is located, except that vibration caused by blasting conducted in accordance with the requirements of the Explosives Code, Chapter 711 SLCRO, may exceed these limitations.
B.
Noise. Every use shall be so operated that the pressure level of sound or noise generated does not exceed the limitations of the Noise Control Code, Chapter 625 SLCRO.
C.
Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of the Air Pollution Code, Chapter 612 SLCRO.
D.
Smoke. Every use shall be so operated that no smoke from any source shall be emitted that exceeds the emission levels in the requirements of the Air Pollution Code, Chapter 612 SLCRO.
E.
Toxic Gases. Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which exceed the emission levels of the Air Pollution Code, Chapter 612 SLCRO.
F.
Emission Of Dirt, Dust, Fly Ash, And Other Forms Of Particulate Matter. The emission of dirt, dust, fly ash and other forms of particulate matter shall not exceed the emission levels in the requirements of the Air Pollution Code, Chapter 612 SLCRO.
G.
Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.
H.
Glare And Heat. Any operation producing intense glare or heat shall be performed in an enclosure in such manner as to be imperceptible along any lot line without instruments.
I.
Fire And Explosion Hazard.
1.
The storage or utilization of solid materials ranging from incombustible to moderate burning is permitted.
2.
The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided the following conditions are met:
a.
The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
b.
All such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
c.
Such materials, if stored outdoors, shall be no closer than one hundred fifty (150) feet to the nearest lot line or in conformance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
3.
storage or utilization of flammable liquids or materials which produce flammable or explosive vapors or corrosive liquids or solids shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and storage of finished products in original sealed containers:
[Ord. No. 2052, 4-27-2020]
Section 405.305 Site Lighting Standards.
[Ord. No. 1914 §1(405.305), 5-6-2013]
A.
This Section contains the performance standards and regulations pertaining to site lighting for development.
1.
Scope of lighting provisions. The following regulations shall apply to all uses and to all development, including new developments, amendment of an approved site plan, amendment of a special permit use, or any lighting change to an existing development, involving new fixtures, standards, heads or luminaries. The goal of these lighting provisions is to permit outdoor lighting for nighttime safety, utility, security, productivity, enjoyment, and commerce; however, minimizing adverse off-site impacts of lighting to adjacent properties, curtailing light pollution, reducing sky glow, and conserving energy and resources to the greatest extent possible.
2.
General standards.
a.
Site lighting shall include all lighting on property, other than lighting within a fully enclosed building, provided that site lighting shall include interior lighting when used as accent lighting as provided in Subsection (2)(g) of these regulations.
b.
Site lighting fixtures shall be compatible with the building design and the adjoining landscape and shall not be used in such a manner as to turn the building itself into "signage".
c.
Excessive brightness of site lighting shall be avoided. The use of energy-efficient lighting such as light-emitting diode (LED) and/or compact fluorescent lamp (CFL) bulbs to maximize the efficiency of wattage used is strongly encouraged. The use of seasonally varied timing schedules and optical proximity sensors to reduce energy use is recommended.
d.
Site lighting shall not spill over to adjacent sites or properties, create glare which is directed toward or reflected onto adjoining properties, or create glare which is directed toward or reflected onto streets, or interior drives where such glare could negatively impact vehicular or pedestrian safety.
e.
Except as may be provided elsewhere in this Section, site lighting shall at no time be directed upward in a radiating and/or moving or sweeping pattern, or at any angle which will light surfaces other than building walls, parking or pedestrian areas, and landscaped areas, and shall not create lighting patterns which will direct light toward residential areas.
f.
All outdoor luminaires shall be fully shielded with the exception of one (1) partly shielded or unshielded luminaire at the main entry of a residence not exceeding six hundred thirty (630) lumens.
g.
The use of neon tubing of any color is only permitted as part of trade dressing on the exterior of a building as described in an approved site plan.
h.
At the time of filing any application for any use, development, amendment or change as set out in Subsection (1) hereof, a lighting plan for site lighting shall be provided on a separate sheet. The following information shall be submitted as part of the lighting plan:
(1)
Manufacturer's catalog cut sheet or other graphic and narrative description of the light standards, fixture heads, and/or luminaries with specification data.
(2)
Photometric curves indicating both vertical and horizontal candle power distribution.
(3)
A plan of the site superimposed with a grid of not more than twenty (20) feet between light sources showing the calculated foot-candle levels at average site grade at the center of each twenty (20) foot grid.
i.
All site lighting shall be installed utilizing underground cable.
j.
Notwithstanding anything to the contrary herein, lighting in connection with temporary display and promotion of events may be approved by the Community Development Director or his or her duly designated representative in the manner as otherwise provided for in the City's Municipal Code.
3.
Illumination standards.
a.
Except as otherwise provided in the following provisions of this Section, all parking and loading areas and walkways shall be illuminated so as to produce a uniform minimum average illumination within such areas of two (2) foot-candles of illumination measured at the ground level.
b.
In non-industrial areas lighting fixtures or standards shall be fully shielded luminaires no higher than thirty-five (35) feet with a maximum average illumination of the property, measured at ground level over the site, of ten (10) foot-candles and shall be of a flat lens design, not a drop down lens design.
c.
In industrial areas lighting standards for parking, loading, and staging areas shall be in accordance with a lighting plan approved by the City, but in no event shall a fixture exceed sixty (60) feet in height.
d.
Except as may be otherwise approved by the Community Development Director and/or the City's designated representative, where parking and loading areas are adjacent to residential areas, the maximum average illumination of the area between the nearest building wall line and the property line abutting a residential areas shall be one (1) foot-candle measured at ground level over the site, provided that at the property line abutting a residential area, the maximum illumination of the property shall be no higher than one-tenth (0.1) foot-candle.
e.
Where parking or loading areas abut residential property, the fixture head shall be of an appropriate type which controls the lighting pattern and shield such residential property from direct view of the light source. In order to achieve this end, reflector shields may be required for fixture heads.
f.
All light standards, whether on internal drives and parking areas or public right-of-ways shall be of similar design as approved in the larger overall (concept) approved site plan.
Section 405.310 Future Revisions.
[Ord. No. 1914 §1(405.310), 5-6-2013]
Any addition, modification or change in any regulations, code, ordinance or other standard referred to in the performance standard regulations shall become a part of these regulations.