City of Peculiar, MO Environmental Performance Standards For Commercial and Industrial Uses

[Ord. No. 111808 §1(400-801), 11-18-2008; Ord. No. 05022016 § IV, 5-2-2016]

The purpose of establishing and applying environmental performance standards in the "C-1" General Business, "C-2" Central Business, "I-1" Light Industrial and "I-2" Heavy Industrial Districts (hereinafter referred to as the "districts") is to allow potential environmental nuisances to be measured factually and objectively and thus to ensure uses in the district will not cause hazards and nuisances to the adjacent areas by processes of control and nuisance elimination.

Section 400.1140 Application of Standards.

[Ord. No. 111808 §1(400-801.1), 11-18-2008]

After the effective date of this code, any uses established in these districts shall comply with all environmental performance standards. If any existing uses are extended, enlarged, moved, structurally altered or reconstructed, these standards shall apply with respect to such extended, enlarged, moved, structurally altered or reconstructed uses.

Section 400.1150 Administration of Standards.

[Ord. No. 111808 §1(400-801.2), 11-18-2008]

The City Planner shall have the overall responsibility in enforcing all environmental performance standards herein set forth, including periodic conformance check of the uses, acting upon complaints and making a determination as to compliance or non-compliance with such standards within these districts.

Within thirty (30) days following a periodic performance check or receipt of the reports of expert consultants, the City Planner shall make a determination as to compliance or non-compliance with the performance standards. If the uses are found to be in non-compliance, the City Planner shall give written notice to the owner of said uses of such determination.

Within sixty (60) days following receipt of the City Planner's written notice, the owner of said uses shall take necessary steps, such as modification or alterations in the existing construction or the operational procedures, to bring the uses into compliance with the performance standards. However, the City Planner may grant an extension of time, if such extension is warranted in the circumstances of the case and if such extension will not cause eminent peril to life, health or property.

Section 400.1160 Performance Standards For Noise.

[Ord. No. 111808 §1(400-801.3), 11-18-2008]

No person shall operate, cause to operate or allow to operate any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category in the following Table. All measurements shall be taken at or within the property boundary of the receiving land use with a sound level meter which meets the specifications of the American National Standards Institute for a Type II general purpose sound level meter, its equivalent or better. The A-weighted, slow response shall be used.

The following uses and activities shall be exempt from the above noise level regulations:

Noises not directly under the control of the property owner;

Noises emanating from construction and maintenance activities between 7:00 A.M. and 8:00 P.M. during the week and between 9:00 A.M. and 6:00 P.M. during the weekend; and

The noises of safety signals, warning devices and emergency pressure relief valves.

Sound Levels by Receiving Land Use
Receiving Land Use Category	Time Period	Maximum One Hour Leq (dB)
Residential	7:00 A.M. to 10:00 P.M.	65
	10:00 P.M. to 7:00 A.M.	55
Commercial/business	At all times	70
Industry/manufacturing	At all times	75

Definition Of Equivalent A-Weighted Sound Level (Leq). The constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound. It is the average sound level and it accurately portrays the sound the human ear actually hears.

When required by the City Planner, a noise study shall be provided that demonstrates compliance with this Section.

Section 400.1170 Performance Standards For Outdoor Nighttime Lighting.

[Ord. No. 111808 §1(400-801.4), 11-18-2008]

Lighting in areas such as parking lots, outdoor storage facilities and the general landscape shall be conducted so that the light source is directed away from residential use areas and public streets or shall be controlled so that the candlepower per one thousand (1,000) lamp lumens does not numerically exceed fifty (50) lamp lumens, or five percent (5%), above vertical angle at seventy-eight degrees (78°) above nadir or emit more than five hundred (500) foot-lamberts per unit projected surface area of the luminaire above seventy-eight (78) vertical angle.

Luminous element signs shall not exceed three hundred (300) foot-lamberts. Luminous building fronts on facades shall not exceed one hundred (100) foot-lamberts in average surface luminance. Flood lighted signs shall not exceed seventy-five (75) foot-lamberts in average surface luminance. Exposed lamp signs and luminous tube signs shall not exceed four hundred (400) foot-lamberts in average surface luminance.

If street and walkways used by the public for nighttime transit are lighted, they shall be lighted in conformance with City standards for residential street lighting.

Illumination contributable to any outdoor lighting shall be conducted in such a manner that direct or indirect illumination from the source shall not exceed one-half (½) horizontal foot-candle at the property boundary line of these districts if they abut a residential district.

Illumination (foot-candles) and luminance (foot-lamberts) measurements shall be made with a cosine corrected photoelectric photometer having a spectral response corrected to the luminous efficiency curve established by the International Commission on Illumination. The meter shall be calibrated in accordance with the manufacturer's specifications and shall be operated according to the manufacturer's directions. Luminance meters shall be operated at an aperture setting of two degrees (2°) in diameter.

When required by the City Planner, a photometric study shall be provided that demonstrates compliance with this Section.

Section 400.1180 Performance Standards For Heat.

[Ord. No. 111808 §1(400-801.5), 11-18-2008]

Any operation producing intense heat shall be conducted within an enclosed building or with other effective screening in such a manner as to be completely imperceptible from any point along or outside the lot lines.

Section 400.1190 Performance Standards For Air Pollution.

[Ord. No. 111808 §1(400-801.6), 11-18-2008]

The emission or escape into the open air from any source or sources whatsoever of smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors or any other substances or combinations of substances, in such manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of the public or is unreasonably offensive and objectionable to the public or shall cause unreasonable injury or damage to property or interfere with the comfortable enjoyment of property or normal conduct of business, is hereby declared to be a public nuisance. It shall be unlawful for any person to cause, permit or maintain any such public nuisance.