Chapter 1144: Environmental Performance Regulations


Cross references

Solar energy systems - see P. & Z. Ch. 1153

1144.01   Intent

These environmental performance regulations are established in order to protect local residents and property from offensive or harmful effects resulting from conduct of various activities.
(Ord. 2019-39. Passed 8-13-19.)

1144.02   Regulations

The following regulations shall be observed in all zoning districts. Where similar regulations are presented elsewhere in this Planning and Zoning Code, the most restrictive regulations shall apply. See in particular Chapters 1331 and 1340 of the Building Code.

  1. (a) Outdoor Lighting. Outdoor lighting shall comply with Chapter 1150 of this Planning and Zoning Code.

  2. (b) Noise. No use shall emit noise in violation of Section 509.08.

  3. (c) Fire, Explosive and Radioactive Hazards. Storage, handling and use of flammable and explosive material shall be conducted with adequate safeguards as set forth in the published NFPA Codes of the National Fire Protection Association and as may hereafter be amended, supplemented or replaced, and in compliance with the regulations of the U. S. Department of Labor and Industry. Storage of other materials shall comply with fire protection codes of the Municipality and all areas shall be accessible to fire-fighting equipment, Activities which emit radioactivity are prohibited.

  4. (d) Storage. All trash and garbage and all raw materials, fuel, machinery, equipment and trucks used in the operation of a business, office or industrial use shall be enclosed within a structure or screened by a solid wall or fence sufficient to conceal all such material from residential districts and public streets when viewed by a person standing at ground level. All garbage shall be stored in air-tight, vermin-proof containers.

  5. (e) Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to produce a nuisance, as defined in Chapter 1340 of the Codified Ordinances of the Municipality, or a health or safety hazard beyond the lot occupied by the use.

  6. (f) Air-Borne Pollution. There shall be no emissions of noxious, toxic or corrosive fumes or gases and no emissions of dust or other particulate matter injurious to health, vegetation or property beyond the lot occupied by the use. Stack and vent emissions are further regulated in Section 1331.05 of the Building Code.

  7. (g) Liquid Wastes. Liquid wastes or sewerage shall not be discharged into a reservoir, stream or other open body of water or into a storm or sanitary sewer until treated so that the insoluble substances, oils, grease, acids, alkalines and other chemicals in the wastes shall not exceed the amounts allowed by other codes of the Municipality.

  8. (h) Electrical Disturbances. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.

  9. (i) Soil Removal. Soil, sand or gravel shall not be stripped or removed in nonindustrial districts except excess soil, sand or gravel resulting from excavations or grading in connection with the construction or alteration of a building or other permitted improvement of a lot. In industrial districts, no such activities shall be conducted in such a manner as to create a nuisance as defined in Chapter 1340 of the Codified Ordinances of the Municipality. Soil removal is also regulated by Chapter 1355 of the Codified Ordinances of the Municipality.
    (Ord. 2019-39. Passed 8-13-19.)

1144.03   Proposed uses and facilities

Except in R1 and R2F Districts, all applications for zoning certificates shall be accompanied by certification by the applicant that the proposed use can meet the performance standards set forth above, However, the Administrator may waive this requirement for applications which, in his determination, do not propose activities relevant to the above standards.
(Ord. 2019-39. Passed 8-13-19.)

1144.04   Existing uses and facilities

  1. (a) Determination of Violation. The Administrator shall investigate any purported violation of these environmental performance regulations and if there are reasonable grounds for same, may request that the Municipal Engineer or other qualified professional determine the existence and nature of such violation.

  2. (b) Payment of Costs of Determination. The cost of engineering services incurred by the Municipality in establishing a violation shall be paid by the violator if such violation is established. If no violation is established, the cost shall be borne by the Municipality.

  3. (c) Correction of Violation. Any use established after December 5, 1984 and subsequently found to be operating in violation of the performance standards set forth in this chapter shall correct such violations within a reasonable period of time as determined by the Administrator in accordance with Chapter 1109.07 of this Planning and Zoning Code.
    (Ord. 2019-39. Passed 8-13-19.)