Chapter 18.28
PERFORMANCE STANDARDS
Sections:
18.28.020 Dangerous or objectionable elements prohibited.
18.28.030 Noise performance standards.
18.28.040 Noise performance standards – Correction factors.
18.28.050 Noise performance standards – Exceptions.
18.28.060 Noise level measurement.
18.28.070 Air pollution performance standards.
18.28.080 Vibration performance standards.
18.28.090 Humidity, heat, cold, and glare performance standards.
18.28.100 Fire and explosion hazards.
18.28.110 Radioactivity or electric disturbance.
18.28.120 Liquid or solid wastes.
18.28.130 Performance standards procedure.
18.28.010 Applicability.
If either the Building Inspector or the Director of Planning has reasonable grounds to believe that a proposed new use is likely to violate performance standards, the proposed use shall comply with the performance standards procedure. In addition, any existing use begun after the effective date of the ordinance codified in this chapter which the Planning Director believes violates provisions of this chapter shall also be subject to these provisions. Any legal nonconforming use damaged or destroyed beyond the limits described in Chapter 18.41 DMC may be reestablished upon approval of the City Council even though such use does not conform to the regulations of this chapter. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.020 Dangerous or objectionable elements prohibited.
No land or building in any zoning district shall be occupied or used in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or amount as to adversely affect the surrounding area or adjoining premises; the foregoing are referred to as “dangerous or objectionable elements”; provided, that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this chapter limiting dangerous and objectionable elements at the point of the determination of their existence. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.030 Noise performance standards.
No land use shall generate sound exceeding the maximum levels permitted in the following table when such are measured in any of the zoning districts listed in this table:
|
Zoning District |
Maximum Sound Pressure Level in Decibels |
|---|---|
|
Residential and Medical Districts |
55 dB |
|
Multifamily Residential Districts |
60 dB |
|
“C” Districts |
70 dB |
|
“M” Districts |
75 dB |
[Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.040 Noise performance standards – Correction factors.
The following correction factors, when applicable, shall be applied to the maximum sound pressure levels given in DMC 18.28.030:
|
Time and Operation of Type of Noise |
Correction in Maximum Permitted Decibels |
|---|---|
|
Emission only between 7 a.m. and 10 p.m. |
Plus 5 |
|
Noise of unusual impulsive character such as hammering or drill pressing |
Minus 5 |
|
Noise of unusual periodic character such as hammering or screeching |
Minus 5 |
[Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.050 Noise performance standards – Exceptions.
The following sounds, upon compliance with stated conditions, may exceed the maximum sound pressure levels given in DMC 18.28.030:
A. Time signals produced by places of employment or worship and school recess signals providing no one (1) sound exceeds five (5) seconds in duration and no one (1) series of sounds exceeds twenty-four (24) seconds in duration;
B. Devotional and patriotic music of worship, provided such music is emitted only between the hours of 7:00 a.m. and 10:00 p.m.;
C. Sounds from transportation equipment used exclusively in the movement of goods and people to and from a given premises, temporary construction or demolition work; and
D. Sounds made in the interests of public safety. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.060 Noise level measurement.
The following provisions shall determine means for measuring noise levels. Where these provisions conflict with other provisions of the Dixon Municipal Code, the following shall remain applicable for purposes of this title.
A. Setting of Meter. Any sound or noise level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using an A-weighting and “slow” response pursuant to applicable manufacturer’s instructions, except that for sounds of a duration of two (2) seconds or less the “fast” response shall be used and the average level during the occurrence of the sound reported.
B. Calibration of Meter. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler type to assure meter accuracy within the tolerances set forth in American National Standards ANSI-SI.4-1971.
C. Location of Microphone. All measurements shall be taken at any lot line of a lot within the applicable zoning district. The measuring microphone shall not be less than four (4) feet above the ground, at least four (4) feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens. In cases when the microphone must be located within ten (10) feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five (5) feet of the noise source.
D. Measured Sound Levels. The measurement of sound level limits shall be the average sound level for a period of one (1) hour. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.070 Air pollution performance standards.
All uses shall comply with the current regulations of the Yolo-Solano Air Quality Management District with respect to odor, smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.080 Vibration performance standards.
No use shall be operated in a manner which produces vibrations discernible without instruments at any point on the property line of the lot on which the use is located. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.090 Humidity, heat, cold, and glare performance standards.
When located in a zoning district specified below, all commercial and industrial uses shall be so operated as not to produce humidity, heat, cold, or glare which is readily detectable without instruments by the average person at the following points of determination:
|
Zone in Which Uses Are Located |
Point of Determination |
|---|---|
|
Any residential, commercial, office or nonindustrial zoning district |
At or beyond any lot line of the lot containing the uses. |
|
Industrial district |
At or beyond any boundary of the zone. |
[Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.100 Fire and explosion hazards.
The relevant provisions of the State and local laws and regulations shall apply. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.110 Radioactivity or electric disturbance.
No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.120 Liquid or solid wastes.
The relevant provisions of State and local laws and regulations shall apply. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.130 Performance standards procedure.
A. Should the Planning Commission believe that a proposed use in any district is likely to create or emit dangerous or objectionable elements or the required environmental impact report is not satisfactory, they shall invoke the performance standards procedure contained herein.
B. Whenever the performance standards procedure has been invoked for a proposed use, building permits therefor may be issued only as authorized by the Planning Commission.
C. Application. Whenever the performance standards procedures have been invoked, the applicant shall submit, in addition to the application for a building permit, a plan in duplicate and supplemental statement of the proposed machinery, processes and products, and specifications or standards for the mechanisms and techniques to be used to eliminate the emission of dangerous and objectionable elements as set forth in this section.
D. Report by Expert Consultants. If the Planning Commission determines that a proposed use may cause the emission of dangerous or objectionable elements, the Planning Commission may require the applicant to select one (1) or more expert consultants qualified to advise as to whether a proposed use would adversely affect surrounding areas or adjoining premises by the creation or emission of dangerous or objectionable elements for investigation and report. Such report shall set forth investigation findings as to the actual performance of the proposed use and in a positive and concise manner recommend such additional installations or safeguards or devise such standards to be applied as would obviate the creation or emission of dangerous or objectionable elements. Such consultant or consultants shall address their report to the Planning Commission and a copy to the applicant at the same time. Fees to be paid by the applicant.
E. Action by Planning Commission. Within thirty (30) days after the Planning Commission has received the aforesaid application, or the aforesaid report, if a report is required, the Planning Commission shall decide whether the proposed use will conform to the requirements of this section, and on such basis shall authorize or refuse to authorize issuance of a building permit or require a modification of the proposed plan of construction or specifications, proposed equipment or operation. Any building permit so authorized and issued shall be conditioned upon the applicant’s completed buildings and installations conforming in operation to the performance standards as stipulated in the building permit. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.140 Enforcement.
Whenever the performance standards procedure has been invoked and a conditioned building permit as authorized by the Planning Commission has been issued, the Planning Director shall investigate any purported violation of performance standards, and if there is reasonable ground for the same, shall notify the Commission of the occurrence or existence of a probable violation thereof. If the Commission finds that a violation has occurred or exists, a copy of said findings shall be forwarded to the City Council. The services of any qualified experts, employed by the Commission to advise in establishing a violation, shall be financed by the violator if said violation is established, otherwise by the City. If a violation occurs, it will be pursued in accordance with Chapter 18.44 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]
18.28.150 Appeal.
Appeal from the action of the Planning Commission may be made according to the provisions of Chapter 18.40 DMC. [Ord. 13-008 § 2; Ord. 13-009 § 2(1).]