Chapter 21.59


21.59.010    Nuisances.

21.59.020    Lighting standards – General.

21.59.030    Lighting standards – Level one.

21.59.010 Nuisances.

When made applicable to a zoning district or to a use or structure by other provisions of the zoning code, these prohibitions and requirements apply:

a. Air Pollution.

1. Smoke. The emission of any air contaminant greater than 20 percent opacity from any chimney, stack, vent, opening or process is prohibited.

2. Odors and Gases. The emission of odors in such quantities as to be objectionable to any person with normal sensitivities at any point beyond the lot line is prohibited. Noxious, toxic, and corrosive gas emissions shall be treated by full control techniques and shall not exceed permissible levels established by Federal, State or local laws or regulations.

3. Particulate Matter. All facilities will be designed and operated with the highest and best emission control equipment practicable. Persons responsible for a suspected source of air pollution, upon the request of the City, shall provide quantitative and qualitative information regarding the discharge that adequately and accurately describes operation conditions and the discharge of particulate matter. Any responsible person may be required to have its plans and specifications reviewed by the State Department of Environmental Conservation prior to final approval of the plans by the City.

b. Noise. All noise shall be muffled so as not to be objectionable due to intermittences, beat, frequency, or shrillness. Off-site noise, when measured at the lot line, shall not exceed 50 decibels between 10:00 p.m. and 6:00 a.m. and 80 decibels at all other times.

c. Vibration. No vibration that is discernible without instruments, other than that caused by highway vehicles or aircraft, shall be permitted beyond the lot line of the site.

d. Heat and Glare. No activity shall produce objectionable heat or glare that unreasonably annoys or disturbs a person of ordinary sensibilities beyond the lot line of the site.

e. Water and Solid Waste Pollution. No liquid or solid waste disposal will be allowed on the site or into adjacent drainage ditches, storm sewers, sloughs or other waterways. The discharge of treated or untreated sewage or wastes into the sanitary sewer systems shall conform to the codes and ordinances of the City.

f. Handling of Dangerous Materials. The storage, handling and use of dangerous materials, such as flammable liquids, incendiary devices, compressed gases, corrosive materials and explosives, shall be in accordance with the regulation and codes of the State Fire Marshal, the National Fire Protection Association, the U.S. Coast Guard and other applicable law.

g. Materials and Equipment Storage.

1. All materials and equipment including waste material shall be stored and all grounds maintained in a manner that will not attract or aid in the propagation of insects, animals, or create a health or safety hazard.

2. Open storage of materials and equipment is permitted, subject to these exceptions and conditions:

a. If a lot abuts a residential zoning district or abuts a lot that lawfully contains a dwelling unit, any outdoor storage of materials and equipment on the lot must be screened from the residential lot or district by a wall, fence, or other sight-obscuring material. The screen must be a minimum of eight feet in height.

b. This subsection (g) does not authorize any outdoor storage in any zoning district in which the applicable zoning district regulations do not allow such storage. [Ord. 08-29, 2008].

21.59.020 Lighting standards – General.

The intent of lighting standards is to reduce glare and light trespass and to improve the nighttime visual environment. Standards of varying levels may apply if made applicable by other provisions of the zoning code. [Ord. 08-29, 2008].

21.59.030 Lighting standards – Level one.

When level one lighting standards apply, the following are required:

a. Outside luminaires installed at a height of 15 feet or greater above grade in all new developments or replaced in existing developments shall be cut-off luminaires.

b. Up-lighting shall be installed so that it allows its direct illumination to fall only on the targeted building or sign.

c. No outside lighting shall be installed so as to cause light trespass or glare.

d. The height of any driveway or parking lot luminaire shall be a maximum of 28 feet above grade. All building-mounted luminaires shall have a maximum height of 15 feet above grade.

e. Prohibited lighting includes search lights and laser lights.

f. Exceptions to this section may be granted to the extent necessary in any of the following situations:

1. Where the City Planner has determined there are special requirements, such as historic decorative considerations, public monuments, or flag lighting; provided, however, that all such lighting shall be selected and installed to shield the lamp(s) from direct view to the greatest extent possible, and to minimize upward lighting, glare and light trespass.

2. In an urban area where there is high night-time pedestrian traffic and an engineer experienced in outdoor lighting has provided a written opinion satisfactory to the City Planner that for pedestrian safety reasons it necessary to permit the installation of semi-cutoff luminaires.

3. Where a determination has been made by the Commission, after a public hearing process, that there is a compelling safety interest that cannot be adequately addressed by any other method. [Ord. 08-29, 2008].