19.25.190 Performance standards.
Any permitted or conditional use must conform to the following performance standards. In conjunction with the plan review and development review processes, the developer-applicant shall provide to the planning and zoning director information that is sufficient to show that the proposed use and the manner of its conduct will meet these performance standards.
(A) Noise.
(1) Unless otherwise defined herein, all terminology shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
(2) Instrumentation used in making sound level measurements shall be a sound level meter with an A-weighting scale, associated octave band filters, and windscreen for outdoor use. The instrument shall be manufactured in accordance with ANSI standards. Measurement shall be made using a flat network of the sound level meter.
(3) Maximum Permissible Sound Levels by Receiving Land Use.
(a) The noise standards for the various categories of land use as presented in Table I and set forth in terms defined shall, unless otherwise specifically indicated, apply to each property or portion of property substantially used for a particular type of land use reasonably similar to the land use types shown in Table I. Where two (2) or more dissimilar land uses occur on a single property the more restrictive noise limits shall apply.
(b) Where doubt exists when making identification of receiving land use, the planning and zoning director may make an interpretation.
(c) No person shall operate or cause to be operated any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level to exceed the environmental and/or nuisance interpretation of the applicable limits given for the receiving land use category in Table I.
(d) Sound levels by receiving land use shall be measured at the boundary or at any point within the boundary of the property affected.
(4) Corrections to Exterior Noise Level Limits.
(a) If the noise is continuous, the equivalent continuous noise level (Leq) for any hour will be represented by any lesser time period within the hour. Noise measurements of a few minutes only will thus suffice to define the noise level.
(b) If the noise is intermittent, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than fifteen (15) minutes is, however, strongly recommended when dealing with intermittent noise.
(c) If the measured ambient level exceeds that permissible in Table I, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating.
Noise Level (dBA) | ||
|---|---|---|
Receiving Land Use Category | 10:00 p.m. to 7:00 a.m. | 7:00 a.m. to 10:00 p.m. |
Residential | 62 | 70 |
Commercial | 65 | 72 |
Industrial | 70 | 85 |
(5) Noise Level Adjustments.
The maximum permissible daytime noise levels listed are subject to the following adjustments for duration:
Noise has an “on time” of no more than: | And p.m. “off time”* between successive “on times” of at least: | |
|---|---|---|
0.5 minutes | 1/2 hour | ) |
5.0 minutes | 1 hour | ) Add 7 dBA ) to permitted level |
10.0 minutes | 1 hour | ) ) |
20.0 minutes | 4 hours | ) |
*“Off time” is when the level of the primary noise being measured does not exceed that of the background noise in any octave band.
(6) Exemptions. The following activities or sources are exempt from these noise standards:
(a) Activities covered by the following: Emergency signaling devices, domestic power tools, air conditioning and air handling equipment for residential purposes, refuse collection vehicles.
(b) The unamplified human voice.
(c) Aircraft operations.
(d) Construction or routine maintenance of public service utilities.
(e) House of worship bells or chimes.
(f) The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
(g) Special events which are conducted pursuant to a temporary use permit issued by the city in accordance with Section 16.05.050; provided, that all terms and conditions of the temporary use permit are complied with, including, but not limited to, terms and conditions relating to noise restrictions.
(7) Preexisting Uses Not in Conformance. Where an industry or commercial business has established its use away from other incompatible uses and subsequently, through the encroachment of development, now finds itself adjoining a receiving land category which would require a reduction in noise generation, said industry or commercial business shall not emit a noise which exceeds the maximum noise limitations for the receiving land use category by more than ten (10) decibels.
(B) Smoke. No emission of smoke from any source shall be permitted to exceed a greater density than that density described as No. 1 of the Ringelmann chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringelmann chart, for not more than four (4) minutes in any thirty (30) minute period. For the purpose of grading the density of smoke, the Ringelmann chart, as published by the U.S. Bureau of Mines, shall be the standard.
(C) Glare or Heat. Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.
(D) Vibration. No vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three (3) minutes’ or more duration in any one (1) hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or for thirty (30) seconds’ or more duration in any one (1) hour during the hours of 7:00 p.m. to 7:00 a.m.
(E) Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. No emission shall be permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause any excessive soiling.
(F) Liquids and Solid Waste. No wastes shall be discharged in the public sewage system that endanger the normal operation of the public sewage system.
(G) Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive or in such a manner as to create a nuisance or hazard beyond the property lines. (Ord. No. 2009-01, §§ 1, 2, 1-20-09; Ord. No. 2009-08, §§ 1, 2, 6-2-09; Ord. No. 2010-08, §§ 1, 2, 5-4-10; Ord. No. 2017-04, §§ 1, 2, 3-7-17. 1976 Code § 15-1-44(S))