This subchapter is designed to protect all land uses from certain environmental off-site impacts associated with nonresidential uses. These impacts include noise, vibration, odors, glare and other impacts deemed objectionable. The standards in this subchapter ensure that the uses provide adequate control measures or locate in areas where the community is protected from health hazards and nuisances. The use of objective standards provides measurable means of determining specified off-site impacts.

(Ord. 97-051, passed 7-1-97)

   Nonresidential uses in all zones which cause off-site impacts on uses in the residential, commercial and industrial zones are required to meet the standards of this subchapter. The following are exempted: machinery, equipment, and facilities which were at the site and in compliance with existing regulations at the effective date of these regulations. Any new or additional machinery, equipment, and facilities must comply with the standards of this subchapter. Documentation is the responsibility of the proprietor of the use if there is any question about when the equipment was brought to the site.

(Ord. 97-051, passed 7-1-97)

   Proposed uses shall be so designed and operated as to minimize the creation of noise, especially noise which may be periodically or constantly perceptible outside of the site in which the use is located and which is perceptible in residentially zoned areas. The sound pressure level resulting from any use, operation, or activity shall not exceed that following maximum permitted sound levels:

(Ord. 97-051, passed 7-1-97)

   (A)   Vibration standard. Continuous, frequent, or repetitive vibrations which exceed 0.002g peak may not be produced. In general, this means that a person of normal sensitivities should not be able to feel any vibrations.

   (B)   Exceptions. Vibrations from temporary construction and vehicles which leave or enter the site (such as trucks, trains, airplanes, and helicopters) are exempt. Vibrations from primarily on-site vehicles and equipment are not exempt.

   (C)   Measurement. Seismic or electronic vibration measuring equipment may be used for measurements when there are doubts about the level of vibration.

(Ord. 97-051, passed 7-1-97)

   Continuous, frequent, or repetitive odors may not be produced which exceed scentometer No. 0. The odor threshold is the point at which an odor may just be detected. The scentometer reading is based on the number of clean air dilutions required to reduce the odorous air to the threshold level. Scentometer No. 0 is 1 to 2 dilutions of clean air.

(Ord. 97-051, passed 7-1-97)

   (A)   Glare is illumination caused by all types of lighting and from high temperature processes such as welding or metallurgical refining. Glare may not directly, or indirectly from reflection, cause illumination beyond the property lines of the site on which the glare originates in excess of a measurement of 0.5 foot candles of light.

   (B)   Strobe lights visible from another property are not allowed.

(Ord. 97-051, passed 7-1-97)

   Air pollution which causes dust or other emissions of particulate matter or gases must be defined and any which may cause a nuisance shall not be permitted. Any emissions permit or air discharge permit required by an authoritative agency must be described in detail prior to site plan approval by the Planning Commission.

(Ord. 97-051, passed 7-1-97)

   (A)   Measurements for compliance with these standards shall be made from the property line. Measurements may be made at ground level or at habitable levels of buildings.

   (B)   If the city does not have the equipment or expertise to measure and evaluate a specific issue or complaint, it may request assistance from another agency or may contract with an independent expert to perform such measurements. The city may accept measurements made by an independent expert hired by the controller or operator of the off-site impact source. If the city contracts to have measurements made and no violation is found, the city will bear the expense, if any, of the measurements. If a violation is found, city expenses will be charged to the violator. Nonpayment of the costs is a violation of the code, and enforced through the provisions of §§ 154.584, 154.585 and 154.999.

(Ord. 97-051, passed 7-1-97)

   (A)   Use description. A description of the use or activity regarding processes, materials used, storage, waste disposal, types of machinery and other such items as it relates to off-site impacts. However, the applicant is not required to reveal any trade secrets which would cause any secret manufacturing procedure, compound, or product to become public knowledge and available to competitors.

   (B)   Abatement devices. An explanation of any mechanisms, processes, or techniques which are proposed to restrict any hazardous or nuisance effects, including the type and location of any abatement devices, processes and/or recording instruments to measure conformance with the required standard; and

   (C)   Expert evaluation. An evaluation and explanation certified by a registered engineer or architect, as appropriate, that the proposed activity can achieve the off-site impact standard or standards in question.

(Ord. 97-051, passed 7-1-97)