(a)

Under this chapter, any use established or changed and any building, structure or land developed, constructed or used for any permitted principal use or any use permissible as a special exception or any accessory use shall comply with all of the performance standards set forth in this article for the district involved.

(b)

If any existing use, building or other structure is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply with respect to such extended, enlarged, or reconstructed portion of such use, building, or other structure.

(c)

All uses, buildings, or other structures shall comply with the performance standards set forth in this article for the district involved.

(Code 1988, § 24-126)

(a)

Intent. Determinations necessary for administration and enforcement of performance standards set forth in this article range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this article that:

(1)

Where determination can be made by the building inspector, using equipment normally available to the city or obtainable without extraordinary expense, such determinations shall be made before notice of violation is issued.

(2)

Where technical complexity or extraordinary expense makes it unreasonable for the city to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards; for protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of this article; and for protecting the general public from unnecessary costs for administration and enforcement.

(b)

Corrective action. If the building official finds, after making determinations in the manner set forth in this article, that there is violation of performance standards, he shall take or cause to be taken lawful action to cause correction to within the limits set by such performance standards.

(Code 1988, § 24-127)

Cross reference— Administration, ch. 2.

All uses within the city shall conform to the performance standards set forth in this article.

(Code 1988, § 24-128)

(a)

Method of measurement. For the purpose of this chapter, 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 (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York).

(b)

Locational requirement for measurement. Sound levels shall be measured along the boundaries of the site.

(c)

Permitted sound levels. Permitted sound levels shall be as follows:

MAXIMUM SOUND PRESSURE LEVEL
(in decibels 0.0002 dyne per square centimeter)

(d)

Applicability of standards. These standards shall apply to all noises, due to intermittence, beat frequency or shrillness.

(Code 1988, § 24-128(1))

Cross reference— Noise generally, § 38-151 et seq.

(a)

Requirements. Under this chapter, all uses shall be controlled to prevent the emission or discharge of any smoke or particulate matter, from any source whatever to a density greater than the density as described as no. 1 on the Ringelmann Chart, provided that the following exceptions shall be permitted: smoke, the shade or appearance of which is equal but not darker than no. 2 on the Ringelmann Chart for a period aggregating four minutes in any 30 minutes.

(b)

Method of measurement. For the purpose of grading the density of smoke, the Ringelmann Chart, as published and used by the U.S. Bureau of Mines, which is made a part of this chapter, shall be the standard.

(c)

Locational requirements for measurement. Smoke and particulate matter will be measured at its point of emission into the atmosphere or at the point of discharge from an area of confinement, storage or display.

(Code 1988, § 24-128(2))

(a)

Requirements. All uses in this chapter shall be controlled to prevent the emission of odorous gases or other matter in such quantities as to be offensive at the specified points of measurement.

(b)

Method of measurement. A noxious concentration shall be deemed to be the point at which the measurement of the threshold of smell can be achieved.

(c)

Locational requirements for measurement. Noxious odors shall be measured as specified at a point 25 feet from the point of origin.

(Code 1988, § 24-128(3))

(a)

Requirements. All uses in this chapter shall be controlled to prevent the discharge of any toxic gases or matter in such quantity that may endanger the public health, safety or welfare or cause damage or injury to other property or uses.

(b)

Locational requirement. Measurement shall be made at point of discharge into the atmosphere.

(Code 1988, § 24-128(4))

(a)

Requirements. All uses in this chapter shall be controlled to prevent the transmission of any vibration, from any source or at any time whatever, that exceeds the maximum displacement set forth in subsection (d) of this section.

(b)

Method of measurement. The displacement of earth caused by vibration shall be measured in inches by an appropriate instrument approved by the city commission upon recommendation of the planning and zoning board.

(c)

Locational requirement. Vibration shall be measured as specified along the boundaries of the site.

(d)

Permitted vibration transmissions. Permitted vibration transmissions shall be as follows:

(Code 1988, § 24-128(5))

Under this chapter, any lighting elements or structural materials installed on the site shall be prevented from casting or reflecting glare or light beyond the boundaries of the site, unless their location precludes any hazard or nuisance arising as a consequence of such glare or light. Locations requiring some means of preventing the transmission of glare or light beyond the site's boundaries are established according to the relationship between: (i) required minimum elevation of the lighting element or structural material above the final grade established along the nearest site boundary, and (ii) distance of the lighting element or structural material from the nearest site boundary. As set forth in the following table, elements or materials below the minimum elevation required of each distance shall be shielded or otherwise screened to prevent transmission of light or glare beyond the site:

(Code 1988, § 24-128(6))

(a)

Requirement. All uses in this chapter shall be controlled to prevent any intentional source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, any operation in compliance with the Federal Communications Commission regulations shall not be permitted if such radiation causes an abnormal degradation in performance of other electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation conducted energy in power or telephone systems or harmonic content.

(b)

Method of measurement. For the purposes of determining the level of radiated electromagnetic interference, standard field strength measuring techniques, interference transmitted or conducted by power or telephone lines, a suitable turntable peak reading, radio frequency voltmeter shall be used. This instrument shall, by means of appropriate isolation coupling, be alternately connected from line to line and from line to ground during the measurement.

(c)

Determination of electromagnetic interference. The determination of the phrases "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Radio Manufacturers Association. If any conflict occurs between the latest standards and principles of the groups mentioned in this subsection, precedence in the interpretation shall be in the following order:

(1)

American Institute of Electrical Engineers;

(2)

Institute of Radio Engineers; and

(3)

Radio Manufacturers Association.

(d)

Maximum allowable levels. For the purposes of determining the maximum allowable level of radiated electromagnetic interference and electromagnetic interference transmitted or conducted by power or telephone lines, maximum allowable levels will be adopted by the city commission upon recommendation of the planning and zoning board and qualified electrical engineers.

(Code 1988, § 24-128(7))