[R.O. 2011 § 400.600; Ord. No.
1161 § 1, 11-18-2013]
A. In General. This Section contains the zoning performance standards
for Owensville. These standards shall apply to all land uses and developments
in the "C" Commercial and "I" Industrial Zoning Districts, and all
land uses requiring a conditional use permit within any residential
district.
B. Performance Standards.
1.
Vibration. Every use shall be so operated that the maximum ground
vibration generated is not perceptible without instruments at any
point on the lot line of the lot on which the use is located.
2.
Noise. Every use shall be so operated that the maximum volume
of sound or noise generated does not exceed fifty-five (55) decibels
at any point on the lot line of the lot on which the use is located.
Outdoor loudspeakers and audible communication systems are not permitted
within one thousand (1,000) feet of a residential district.
3.
Odor. Every use shall be so operated that no offensive or objectionable
odor is perceptible at any point on the lot line of the lot on which
the use is located.
4.
Smoke. Every use shall be so operated that no smoke from any
source shall be emitted of a greater density than the density described
as No. 1 on the Ringelmann Chart as published by the United States
Bureau of Mines.
5.
Toxic Gases. Every use shall be so operated that there is no
emission of toxic, noxious or corrosive fumes or gases.
6.
Emission Of Dirt, Dust, Fly Ash And Other Forms Of Particulate
Matter. Emission of dirt, dust, fly ash and other forms of particulate
matter shall not exceed eighty-five hundredths (0.85) pounds per one
thousand (1,000) pounds of gases of which amount not to exceed five-tenths
(0.5) pounds per one thousand (1,000) pounds of gases shall be of
such size as to be retained on a 325-mesh U.S. Standard Sieve. In
the case of emission of fly ash or dust from a stationary furnace
or combustion device, these standards shall apply to a condition of
fifty percent (50%) excess air on the stack at full load, which standards
shall be varied in proportion to the deviation of the percentage of
excess air from fifty percent (50%).
7.
Radiation. Every amount of radioactive emissions must be restricted
to that considered safe by the Federal Radiation Council Standards.
8.
Glare And Heat. Any operation producing intense glare or heat
shall be performed in an enclosure in such a manner so as to be imperceptible
along any lot line without instruments.
9.
Lighting. Illumination levels shall be measured with a photoelectric
photometer having a spectral response similar to that of the human
eye, following the standard spectral luminous efficiency curve adopted
by the International Commission on Illumination. All lighting shall
comply with the following standards:
a.
All illumination structures, except for approved street lights,
shall be so arranged to prevent direct light from being cast upon
any adjacent property or public right-of-way and to prevent glare
or other objectionable problems to surrounding areas.
b.
No light fixture shall have any blinking, flashing, or fluttering
lights or other illuminating device which has a changing light intensity,
brightness, or color, nor shall any beacon or spotlights be permitted.
c.
Neither the direct nor reflected light from any light fixture
shall create a disabling glare causing traffic hazards to motor vehicle
operators on public thoroughfares.
d.
Any non-residential off-street parking or loading area in use
at night shall contain a system of lighting to provide an adequate
standard of at least one (1) footcandle of illumination over the area
of the parking area to be used.
e.
All lighting shall be arranged to deflect, shade, and focus
light away from adjacent properties, including public rights-of-ways.
Lighting shall be designed so as not to create more than one (1) footcandle
of illumination at any residentially zoned property boundary, or more
than five (5) footcandles at any commercially zoned property boundary.
f.
Display lot lighting shall be turned off within thirty (30)
minutes after closing of the business. Full illumination of the display
lot shall not be permitted after 11:00 P.M. Only non-residential security
lighting shall be used after 11:00 P.M.
g.
Light fixtures used to illuminate objects mounted on a pole,
platform, or pedestal shall not use a spotlight that will extend beyond
the illuminated object. Uplighting of these structures shall cease
after 11:00 P.M., except for uplighting of the American flag, or unless
otherwise regulated.
h.
All other outdoor light fixtures lawfully installed prior to
and operable on the effective date of this Chapter are exempt from
these requirements unless:
(1) Existing outdoor lighting fixtures are replaced,
removed, or reinstalled; or
(2) Existing outdoor lighting systems are judged to
be intolerable due to excessive, objectionable light emission as assessed
by the Administrative Official; or if the emissions cause unsafe or
hazardous conditions. Upon written notice by the Administrator, the
owner of such lighting system will have thirty (30) days to comply
with the provisions as set forth in this Section. A thirty-day extension
may be granted by the Administrative Official.
(3) The Administrative Official may require a special
inspection to ascertain compliance with this Section.
C. Any addition, modification, or change in any regulations, Code ordinance,
or other standard referred to in these zoning performance standards
shall become a part of these regulations.