SECTION 1032 PERFORMANCE STANDARDS

Transcription

1 SECTION 1032 PERFORMANCE STANDARDS SECTION : Purpose : Air Pollution : Bulk Storage (Liquid) : Dust and Other Particulate Matter : Electrical Emission : Fumes and Gasses : Glare : Noise : Odors : Radiation Emission : Refuse : Sewage Disposal : Trash Receptacles : Vibration : Waste : PURPOSE: The purpose of this Section is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. The City Council may require the owner or operator of any use to have made such investigations or tests as may be required to show adherence to the performance standards. The investigation or tests required shall be carried on by an independent testing organization selected by the City. The investigations or testing shall be ordered by the owner or operator and the associated costs shall be paid by the owner or operator : AIR POLLUTION: The emission of air pollution, including potentially hazardous emissions, by any use shall be in compliance with and regulated by Minnesota Statutes 116, as may be amended. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7017 as amended : BULK STORAGE (LIQUID): All uses associated with the bulk storage of all gasoline, liquid fertilizer, chemical, flammable and similar liquids shall comply with requirements of and have appropriate permits indicating compliance with the Minnesota State Fire Code and Minnesota Department of Agriculture relations

2 : DUST AND OTHER PARTICULATE MATTER: Dust, fly ash or other particulate matter by any use shall not be emitted at any point in concentrations exceeding three tenths (0.3) grains per cubic foot of the conveying gas or air. For measurements of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred (500) degrees Fahrenheit and fifty percent (50%) excess air : ELECTRICAL EMISSION: All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission : FUMES OR GASES: Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. The values given in Table I (Industrial Hygiene Standards -- Maximum Allowable Concentration for eight (8) hour days, five (5) days per week), Table III (Odor Thresholds), Table IV (Exposure to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, "Physiological Effects", that contains the tables, in the "Air Pollution Abatement Manual", by the Manufacturing Chemists' Association, Inc., Washington, DC, are hereby established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit : GLARE: Subd. 1. Lighting. Any lighting used to illuminate an off-street parking area, sign, yard or other structure, shall be arranged as to deflect light away from adjoining property, lakes and rivers and from public streets. Direct or sky-reflected glare from floodlights or from high temperature processes such as combustion or welding shall not be directed into any adjacent property. The sources of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right of way. Except for public street lights, any light or combination of lights which cast light on a public street shall not exceed one foot-candle as measured from the property line of said street. Any light or combination of lights which cast light on any adjacent property shall not exceed four tenths (.4) foot candle (meter reading) as measured from the property line. Photometric plans shall be required for all applications which include exterior lighting, to demonstrate compliance with this performance standard. Subd. 2. Shoreland Management District Lighting. Outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights : NOISE: Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations NCP 7010 as amended

3 Subd. 1. Mechanical Equipment and Air Conditioning Units. Air conditioning units, excluding window units, and other mechanical equipment that emit noise, shall be located a minimum of ten (10) feet from side and rear lot lines. Said units shall not be located in a front yard. Subd. 2. At any property line the sound pressure level of noise radiated from a use shall not exceed the values given in the following table. The sound pressure level shall be measured with a Sound Level Meter and an associated Octave Band Analyzer, both of which are manufactured to specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 224, 10, 1953, American Standards Associations, Inc., New York, New York, as amended. Measurements shall be made using the flat network of the sound level meter. Frequency Band Maximum Permitted Cycles Per Second Sound Level (Decibels) , ,200-2, ,400-4, Over 4, : ODORS: No odors shall be detectable beyond the limits of the property. Subd. 1. All restaurants or operations where food is prepared shall install the appropriate exhaust systems and/or equipment to remove food odor, smoke from grilling operations or other similar odors associated with food or beverage preparation : RADIATION EMISSION: All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency : REFUSE: Subd. 1. Except for licensed vehicles in winter storage, passenger automobiles, station wagons and trucks not currently licensed by the state, or which are because of mechanical deficiency incapable of movement under their own power, are parked or stored outside for a period in excess of thirty (30) days, and all other materials stored outside in violation of the City Code are considered refuse or junk and shall be removed from premises in the City. Subd. 2. weeds and waste fill. In all areas the owner of vacant land shall keep such land free of refuse,

4 : SEWAGE DISPOSAL: Individual sewage disposal systems shall be installed and operated in compliance with the applicable provisions of Chapter 810 (Public Sewers) of the City Code : TRASH RECEPTACLES: Trash handling equipment and enclosures shall be provided according to the following provisions: (Ord , 8/11/04). Subd. 1. Within residential districts, trash containers shall be located within the single family or two family dwelling principal or accessory structure or if located outside shall be completely screened from view of adjacent properties and public right-of-way. Subd. 2. With the exception of single family and two family dwellings, all uses having exterior trash receptacles shall provide an enclosed area in conformance with the following: 1. Exterior wall treatment shall be similar and/or complement the principal building. 2. The enclosed trash receptacle area shall be located in the rear or side yard and shall comply with the accessory use setback requirements of the underlying zoning district. 3. The trash enclosure shall be in an accessible location for servicing vehicles and shall not conflict with site circulation. 4. The trash receptacles shall be fully screened from view of adjacent properties and the public right-of-way. 5. The design and construction of the trash enclosure shall be subject to the approval of the Building Official. 6. Recycling space shall be provided as required by the Minnesota State Building Code. 7. Noise emanating from trash collection activities shall be minimized so as not to constitute a nuisance as defined and regulated by City Code Section 500 (Nuisances) : VIBRATION: No vibration shall be discernible at any property line to the human sense of feeling for an accumulated total of three (3) or more minutes during any hour

5 : WASTE: All waste generated shall be disposed in a manner consistent with all Minnesota Pollution Control Agency rules. Subd. 1. Any accumulation of waste generated on any premises not stored in containers which comply with Section 590 (Waste and Recycling) of the City Code and this Ordinance, and Minnesota Pollution Control Agency rules, or any accumulation of mixed municipal solid waste generated on any premises which has remained thereon for more than one week, or any accumulation of infectious, nuclear, pathological, or hazardous waste which is not stored and disposed in a manner consistent with Minnesota Pollution Control Agency rules is a nuisance and may be abated and the cost of abatement may be assessed against the property where the nuisance is found. Subd. 2. The accumulation, storage, processing, and disposal of waste on any premises, which is not generated on that premises, is prohibited, except as specifically provided in this Ordinance