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Section 1207.10    Performance Standards

In addition to any standards required in the underlying districts, all developments shall meet the
following performance standards:

  1. Noise/Hours of Operation
    1. Applicability. The following noise standards are in addition to, and shall supplement, noise standards found at Section 648.14 of the City's General Offenses Code.

    2. General Standard: No activity or operation within the city shall exceed the maximum permitted sound levels db(A) as set forth below at the property line of the receiving premises, except as provided in this section:


    3. Additional Standards for Specific Operations and Activities
      1. Refuse Collection/Loading. No person shall engage in waste disposal services or refuse loading and collection or operate any compacting equipment or similar mechanical device in any manner so as to create any noise exceeding the standards set forth above when measured at a distance of fifty (50) feet from the equipment when inside of or within five hundred feet of a residential zone. No refuse loading or collection shall take place between the hours of 6:00 p.m. and 7:00 a.m.
      2. Truck/Rail Loading. No truck or rail loading or unloading shall be allowed within 250 feet of a residential lot between the hours of 10:00 p.m. and 6:00 a.m.
      3. Animals. No owner, keeper, or harborer of any animal shall permit such animal to continuously or frequently bark, howl, or emit other audible sounds that create offensive noise to the annoyance or discomfort of any person of ordinary sensibilities occupying any premises within one-thousand (1,000) feet of the animal.
      4. Homeowners' Outdoor Equipment.
        1. No person shall operate engine or motor-powered lawn or maintenance tools intended for use in residential areas such as power mowers, garden tools, riding tractors, power saws, edgers, and similar equipment, that would create a noise that exceeds the fixed source standards set forth above except between the hours of 7:00 a.m. and 10:00 p.m.
        2. Where applicable, homeowners' outdoor equipment shall have mufflers that are kept in good working condition.
        3. Snow blowers and snow plows are exempted from time requirements of this section when necessary to remove ice and snow.
      5. Construction. No person shall use any pile driver, shovel, hammer derrick, hoist tractor, roller, or other mechanical apparatus operated by fuel or electric power in building or construction operations between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday or before 9:00 a.m. on Sunday within a residential area, or within 500 feet of a school, except for temporary conditions approved by the City Manager.
      6. New Construction or Additions. All new construction or additions in excess of 5,000 square feet that are planned to house any stationary machinery, device, or equipment that will create noise that exceeds 60 db(A) shall be reviewed to ensure that noise mitigation measures such as building noise attenuation and insulation, siting modifications, berms, barriers, and other measures are utilized to effect noise level reductions up to 15 db(A) more than normal construction or to 55 db(A) at the property line abutting any residential development, whichever will result in the lower expenditure for the applicant.

    4. Exemptions.
      The following operations and activities are exempted from the limitations of this section:
      1. Warning or alarm devices that have the purpose of signaling unsafe or dangerous situations or calling for police.
      2. Noises resulting from authorized public activities such as parades, fireworks displays, sports events, musical productions, and other activities that have the approval of the City Manager or City Council.

  2. Vibrations
    No activity or operation shall cause or create earthborne vibrations in excess of the displacement values set forth below on or beyond any abutting parcel zoned for residential, commercial, institutional, or industrial use or shall cause any inherent or recurring generated vibration perceptible without instruments at any point along the property line on which the vibration source is located.

    Note: Nighttime limits shall be considered to prevail from 10:00 PM to 7:00 AM

  3. Odors
    No person or business shall cause or allow the emission of odorous air contaminants from any source that results in detectable odors that are measured in excess of the following limits:
    1. For areas used predominantly for residential purposes, it is a violation if odors are detected after the odorous air has been diluted with seven (7) or more volumes of odor-free air.1

    2. No violation shall occur provided that the person or business causing or allowing the emission of odorous air contaminants is employing the best available treatment, maintenance, and control currently available to maintain the lowest possible emission of odorous gases.

  4. Air Quality/Emissions
    1. To minimize off-site fugitive emissions, trucks carrying dry bulk materials are to be fully enclosed, or the cargo is to be enclosed within canvases, tarpaulins, or other method of confinement that fully covers the payload area of the truck. Alternatively, a crusting agent may be used to cover the cargo.

    2. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred or transported off the lot by natural causes or forces.

  5. Hazardous Waste/Materials
    1. All hazardous materials or wastes that might cause fumes or waste or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors only in closed containers.

    2. No hazardous materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred or transported off the lot by natural causes or forces.

    3. No outdoor storage of any extremely hazardous substances as defined by the United States Environmental Protection Agency in 40 CFR 355 (Appendix
      1. in excess of the threshold planning quantities set forth therein shall be permitted within 500 feet of any residential structure.

    4. If the proposed uses or tenants of a facility, building, or project are known to use or store hazardous materials or wastes onsite in excess of the amounts set forth in UFC Article 4.108, the applicant shall prepare at the direction of the City Fire Chief, a hazardous materials impact analysis that:
      1. Assesses potential off-site impacts and appropriate mitigation procedures and precautions; and
      2. Examines methods to reduce the use and storage of hazardous materials and the production of hazardous wastes at the site.

  6. Glare or Heat
    If the proposed activity or operation produces intense glare or heat, whether direct or reflected, that is perceptible from any point along the development's property lines, the operation shall be conducted within an enclosed building or with other effective screening sufficient to make such glare or heat imperceptible at the property line.

  7. Operational/Physical Compatibility
    The following conditions may be imposed upon the approval of any development to ensure that it is compatible with existing uses, including but not limited to, restrictions on:
    1. Hours of operation and deliveries;

    2. Location on a site of activities that generate potential adverse impacts on adjacent uses such as noise and glare;

    3. Placement of trash receptacles;

    4. Location of loading and delivery areas;

    5. Light intensity and hours of full illumination;

    6. Placement and illumination of outdoor activity areas and equipment, including vending machines.

 

 

 

1 The most widely used technique is the American Society of Testing Materials method using a syringe for making multiple dilutions and then determining if the odor is detectable once diluted. A scentometer measures the odor threshold. Air is drawn through carbon filters to produce odor free air, and mixed with a known amount of odorous gas. A limitation of this approach is that it assumes that equal amounts of all odors are
equally objectionable--in other words, it focuses on quantity, not quality. A good discussion of odor pollution can be found in Frank L. Cross, Jr., Air Pollution Odor Control Primer (1973).