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Willits City Zoning Code

CHAPTER 17

50 - PERFORMANCE STANDARDS

Sections:


17.50.010 - Prohibition of dangerous or objectionable elements.

No land or building in any district shall be used or occupied in any manner so as to create any:

A.

Dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard;

B.

Noise or vibration, smoke, dust, odor or other form of air pollution;

C.

Heat, cold, dampness, electrical or other disturbance;

D.

Glare;

E.

Liquid or solid refuse or wastes; or

F.

Other substance, condition or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"); provided, that any use permitted or not expressly prohibited by this title may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the point of the determination of their existence.

(Ord. 82-4 §3(part)).

17.50.020 - Performance standards procedure.

All uses specified in this title are subject to performance standards, and uses accessory thereto are subject to performance standards procedure specified in this chapter, unless either the building official or director of planning has reasonable grounds to believe that the proposed use is likely to violate performance standards, in which event the applicant shall comply with performance standards procedure.

(Ord. 82-4 §3 (part)).

17.50.030 - Enforcement provisions applicable to other uses.

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

(Ord. 82-4 §3(part)).

17.50.040 - Locations where determinations are made for enforcement of performance standards.

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent (in this title referred to as "at any point"); provided, however, that the measurements necessary for enforcement of performance standards set forth in Section 17.50.050, subsections C, D, F and I shall be taken at different points in different districts in relation to the establishment or use creating the element being measured (in this title referred to as "point of measurement"), as follows:

A.

In any district except the M-H district: At the lot line of the establishment or use;

B.

In the M-H district: Five hundred feet from the establishment or use, or at the boundary or boundaries of the district if closer to the establishment or use, or at any point within an adjacent district, except for M-H or M-L districts.

(Ord. 82-4 §3 (part)).

17.50.050 - Performance of standard regulations.

The following performance standard regulations shall apply to all uses of property:

A.

Fire and Explosion Hazards. All activities involving and all storage of flammable or explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion, and with adequate firefighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point.

B.

Fissionable Radioactive or Electrical Disturbance. No activities shall be permitted which utilize fissionable or radioactive materials if their use results at any time in the release or emission of any fissionable or radio-active material into the atmosphere, the ground, or sewerage systems; and no activities shall be permitted which emit electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance.

C.

Noise. At the points of measurement specified in Section 17.50.040, subsections A and B, the maximum sound-pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I, after applying the correction shown in Table II. The sound-pressure level shall be measured with a sound level meter and associated octave band analyzer, conforming to standards prescribed by the American Standards Association. American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, N.Y. and American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, N.Y., shall be used.

Table I

Frequency Range Containing Octave Bands in Cycles Per SecondOctave Band Sound-Pressure Level In Decibels re 0.0002 dyne/cm 2
20-300 60
300-2400 40
above 2400 30

 

If the noise is not smooth and continuous and is not radiated between the hours of ten p.m. and seven a.m., one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.

Table II

Type or Location of Operation or Character of Noise
Correction in Decibels
1. Daytime operation only +5
2. Noise source operate less than:
a. Twenty percent of any one-hour period +5
b. Five percent of any one-hour period (apply one of these corrections only) +10
3. Noise of impulsive character, such as hammering -5
4. Noise of periodic character, such as humming or screeching -5
5. Property is located in one of the following zoning districts and is not within 500 feet of any R district:
a. Any C district or M-L district +5
b. Any A district or M-H district +10

 

D.

Vibration. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section.

E.

Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted in 1954 (being a direct facsimile reproduction of a standard Ringlemann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on such chart may be emitted for four minutes in any thirty minutes.

F.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air, at the points of measurement specified in subsections A or B of Section 17.50.040, or at the point of greatest concentration. Any process which 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. There is established as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.

G.

Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property, or which can cause any excessive soiling, at any point. No emissions shall be permitted in excess of the standards specified in Table I, Chapter 5, Industrial Hygiene Standards, Maximum Allowable Concentrations, of the Air Pollution Abatement Manual, copyrighted in 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. In no event shall any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations, exceed 0.3 grains per cubic feet of the conveying gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit and fifty percent excess air.

H.

Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at the points of measurement specified in Section 17.50.040. This restriction shall not apply to signs otherwise permitted by the provisions of this title.

I.

Liquid or Solid Wastes. No discharge at any point into any public sewer, private sewage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, shall be permitted, except in accord with standards approved by the California Department of Public Health or such other governmental agency as shall have jurisdiction of such activities.

(Ord. 82-4 §3 (part)).