[Ord. No. 1-2020, 21, passed 6-22-2020]
See state erosion and sedimentation control regulations and
the Subdivision and Land Development Ordinance.[1] Compliance with state erosion and sedimentation control
regulations shall be an automatic condition of any zoning permit for
work that involves earth disturbance. The Zoning Officer may require
that evidence of compliance with such regulations be submitted to
the City.
[1]
Editor's Note: See Part 13, Title 3, Subdivision and Land
Development Regulations.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
No landowner, tenant nor lessee shall use or allow to be used any
land or structures in a way that results or threatens to result in
any of the following conditions:
(1)
Transmission of communicable disease, including conditions that
may encourage the breeding of insects or rodents.
(2)
A physical hazard to the public or a physical hazard that could
be an attractive nuisance that would be accessible by children.
(3)
Significant risks to public health and safety, such as, but
not limited to, explosion, fire or biological hazards.
(b)
Additional information. If the Zoning Officer has reason to believe
that the proposed use may have difficulty complying with the standards
of this title, then the Zoning Officer may require an applicant to
provide written descriptions of proposed machinery, hazardous substances,
operations and safeguards.
[Ord. No. 1-2020, 21, passed 6-22-2020]
The land adjacent to a proposed or existing building shall not
be regraded in such a way that makes it difficult to reach each side
of a building with a fire ladder.
[Ord. No. 1-2020, 21, passed 6-22-2020]
See also Article 1309 for the Floodplain Ordinance regulations.
(a)
Wetland studies. It shall be the responsibility of each applicant
to determine whether land areas proposed for alteration meet the federal
or state definition of a wetland prior to submittal of development
plans to the City. If the Zoning Officer has reason to believe that
wetlands may be present on a site proposed for development or subdivision,
the Zoning Officer may require that the applicant provide a suitable
wetland delineation study prepared by a qualified professional. Where
disturbance is proposed in an area that may be wetlands, the Zoning
Officer may place a condition on a zoning permit to require that the
applicant submit evidence that a wetland delineation has been officially
confirmed under U.S. Army of Engineers' approved procedures.
(1)
Note. An indicator of possible wetlands involves the presence
of hydric soils in soil mapping of the U.S. Natural Resources Conservation
Service.
(b)
Waterway setbacks. Unless a stricter requirement is established by
another provision of this title, no new principal building shall be
constructed or placed within the area 25 feet landward from the top-of-bank
of any perennial creek. This provision shall be reduced to 10 feet
where there is an engineered flood wall that is designed to contain
a 100-year flood.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
No commercial or industrial use or its operations or activities on
its lot shall generate a recurring sound level exceeding the limits
established in the table below, when measured at the specified locations:
|
Sound Level Limits by Receiving Land Use/District
| |||||
|---|---|---|---|---|---|
|
Land Use Or Zoning District Receiving the Noise
|
Hours/Days
|
Maximum Sound Level
| |||
|
1.
|
At a lot line of a residential use in a residential district
|
1)
|
7:00 a.m. to 9:00 p.m. other than Sundays, Christmas Day, Thanksgiving
Day, New Years Day, Labor Day and Memorial Day
|
1)
|
62 dBA
|
|
2)
|
9:00 p.m. to 7:00 a.m. plus all of the following days: Sundays,
Christmas, Thanksgiving, New Years, Easter Sunday, Labor Day and Memorial
Day
|
2)
|
55 dBA
| ||
|
2.
|
Lot line of a principal residential use that is not in a residential
district
|
1)
|
Same as above
|
1)
|
65 dBA
|
|
2)
|
Same as above
|
2)
|
62 dBA
| ||
|
3.
|
Any lot line other than "1" or "2"
|
All times and days
|
0 dBA
| ||
|
Note: dBA means "A"-weighted decibel.
|
(b)
The maximum permissible sound level limits set forth in the above
table shall not apply to any of the following noise sources:
(1)
Sound needed to alert people about an emergency.
(2)
Repair or installation of utilities or construction of structures,
sidewalks or streets between the hours of 7:00 a.m. and 9:00 p.m.,
except for clearly emergency repairs which are not restricted by time.
(3)
Lawn mowers, snowblowers, leaf blowers and similar equipment.
(4)
Household power tools between the hours of 7:00 a.m. and 9:00
p.m.
(5)
Agricultural activities, livestock and other animals.
(6)
Public celebrations authorized by City Council, a City government
agency, or a county, state or federal government agency or body.
(7)
Unamplified human voices.
(8)
Routine ringing of bells and chimes by a place of worship or
municipal clock.
(9)
Vehicles lawfully operating on a public street, railroads and
aircraft.
[Ord. No. 1-2020, 21, passed 6-22-2020]
No use shall generate odors or dust that are offensive to persons
of average sensitivities beyond the boundaries of the subject lot.
[Ord. No. 1-2020, 21, passed 6-22-2020]
This section shall only regulate exterior lighting that spills
across lot lines or onto public streets.
(a)
Streetlighting exempted. This section shall not apply to: a) streetlighting
that is owned, financed or maintained by the City or the state, or
b) an individual light of less than 10 feet total height that is:
1) in a front yard or 2) attached to the front of a building.
(b)
Height of lights. No luminaire that is within 150 feet of a lot line
of an existing dwelling shall be placed at a height exceeding 35 feet
above the average surrounding ground level. This limitation shall
not apply to lights needed for air safety nor lights intended solely
to illuminate an architectural feature of a building, or lighting
of outdoor public recreation facilities.
(c)
Diffused. All light sources, including signs, shall be properly diffused
as needed with a translucent or similar cover and/or shielded to prevent
exposed lighting elements from being directly visible from streets,
public sidewalks, dwellings or adjacent lots.
(d)
Shielding. All light sources, including signs, shall be shielded
around the light source and carefully directed and placed to prevent
the lighting from creating a nuisance to reasonable persons in adjacent
dwellings, and to prevent the lighting from shining into the eyes
of passing motorists.
(e)
Flickering. Flashing, flickering or strobe lighting are prohibited,
except for nonadvertising seasonal lights between October 25 and January
10.
(f)
Gasoline sales canopies. Any canopy over gasoline pumps shall have
light fixtures recessed into the canopy or screened by the canopy
or enclosures or otherwise controlled so that lighting elements are
not directly visible from another lot or street.
(g)
Lighting of horizontal surfaces. For the lighting of predominantly
horizontal surfaces such as parking areas and vehicle sales areas,
lighting fixtures shall be aimed downward and shall include cut-off
measures as needed to properly direct the light.
(h)
Off-premises signs (billboards). Any new exterior lighting of an
off-premises sign shall be attached to the top of the off-premises
sign and project downward.
