A. 
Purpose. The purpose of these performance standards is to ensure compatibility between land uses by setting limits, whether generic or qualitative, for dust, heat, electrical disturbances, fumes, vapors, odor, noise, lighting, and so forth.
B. 
Applicability. The following provisions, standards, and specifications apply to all properties, structures, uses, and activities in all zones, unless an exception is specifically noted.
(Ord. 1976 § 2, 2019)
The Director may require evidence of ability to comply with the following performance standards as deemed necessary prior to approval or issuance of a Zoning Clearance.
(Ord. 1976 § 2, 2019)
A. 
Air Emissions, Fumes, Vapors, Gases, and other Forms of Pollutants. Any emissions shall comply with the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD) standards, and designated burn days.
B. 
Dust. No urban land use shall create dust, dirt, or mud, which leaves the boundaries of the project site. Implementation of the following measures shall help to reduce generation of dust, dirt, or mud:
1. 
Schedule all grading activities to ensure that repeated grading will not be necessary.
2. 
If a construction site has been disturbed (cleared, graded, or excavated) and is to remain inactive for a period of three or more months, it shall be seeded with an annual grass and watered until growth is evident. If after disturbing, the site is inactive for three or more months during the dry period (June-October), as an alternative to seeding, a soil binding dust palliative, such as Hemicellulose extract (wood molasses) solution, may be applied. If seeded, grass shall be mowed (not disked under) to a maximum height of four inches for fire control. Grasses do not need to be maintained in a green/growing condition. Mowing should occur before the grass dries out to avoid fires that may result from blades striking rocks.
3. 
During clearing, grading, earth moving, and other site preparation activities and all construction:
a. 
Exposed earth surfaces shall be watered as needed, whenever needed, in order to prevent dust from leaving the project site on that phase of the project presently under development.
b. 
Mud and dirt carried from the development onto adjacent roadways shall be cleaned up daily.
c. 
Litter and debris shall be cleaned up daily to prevent it from leaving the project site and littering adjacent properties.
(Ord. 1976 § 2, 2019)
A. 
Applicability. Any business that is involved in handling and/or storage of hazardous materials shall file a "Hazardous Materials Business Plan" (HMBP) with the County Division of Environmental Health for review and approval prior to operating the business.
B. 
Hazardous Materials. Hazardous materials shall include all substances on the comprehensive master list of hazardous materials compiled and maintained by the California Department of Health Services.
C. 
Storing, Handling, and Transportation. The use, handling, storage, and transportation of hazardous materials shall comply with all applicable requirements of Government Code Section 65850.2 California Code of Regulation, Title 23, Chapter 15, Articles1 through 4 and Health and Safety Code Section 25505, Article 80 - Uniform Fire Code, et seq.
(Ord. 1976 § 2, 2019)
A. 
Applicability. The following noise provisions, standards, and specifications apply to all properties, structures, uses, and activities in all zones, unless an exception is specifically noted. For additional noise standards see Chapter 10.60 (Noise Control) in the Merced County Code.
B. 
Definitions.
dBA.
Decibel with "A" level weighting scale similar to the human ear.
Ldn.
Day/night average sound level during a 24-hour day.
Lmax.
The maximum noise level during a single event.
C. 
Noise Generated by Mechanical Equipment. Buzzers, bells, loud speakers, or other noise generating devices shall comply with the noise standards below at any boundary line of the parcel, except fire protection devices, burglar alarms, and church bells. Merced County Code Chapter 10.60 (Noise Control) and the 2030 General Plan Standards for unacceptable noise levels shall apply:
1. 
If the proposed use exceeds the background sound level by at least 10 dBA during daytime hours (7:00 a.m. to 10:00 p.m.) and by at least five dBA during nighttime hours (10:00 p.m. to 7:00 a.m.). The background sound level for purposes of this section shall be determined as set forth in MCC Section 10.60.060.
2. 
If the proposed use is adjacent to a residential land use or property that is zoned for residential use, the allowable noise level shall not exceed 65 dBA Ldn or 75 dBA Lmax at the property line.
3. 
If the proposed use is not adjacent to a residential use or a parcel zoned for residential land use, the allowable noise level at the property line shall not exceed 70 dBA Ldn or 80 dBA Lmax at the property line.
D. 
Consistency with General Plan. The maximum noise levels for all land uses shall be consistent with Table HS-1 (Noise Standards for New Uses Affected by Traffic, Railroad, and Airport Noise) and Table HS-2 (Non-Transportation Noise Standards) in the Health and Safety Element of the 2030 General Plan.
E. 
Elevated Noise Level During Construction. During construction, the noise level may be temporarily elevated. To minimize the impact, all construction in or adjacent to urban areas shall comply with the following procedures for noise control:
1. 
Construction hours shall be limited to the daytime hours between 7:00 a.m. and 6:00 p.m. daily;
2. 
Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition work between 6:00 p.m. and 7:00 a.m. on a weekday or at any time on a weekend day, or legal holiday, except for emergency work, or when the sound level exceeds any applicable relative or absolute limit specified in MCC Section 10.60.030 is prohibited; and
3. 
All construction equipment shall be properly muffled and maintained.
F. 
Noise Barriers. Refer to Section 18.34.060 (Noise Barrier) of this Zoning Code for design requirements if a noise barrier structure is required to meet the noise standards.
(Ord. 1976 § 2, 2019)
No use shall emit any offensive odor off-site based on typical human reaction except normal odor associated with certain uses that are allowed in agricultural areas (i.e., animal confinement facilities). The County Division of Environmental Health shall determine whether or not the off-site odor is offensive or causes a nuisance.
(Ord. 1976 § 2, 2019)
A. 
Exterior Lighting. Exterior lighting shall be designed and maintained in a manner so that glare and reflections are contained within the boundaries of the subject parcel and shall be hooded and directed downward and away from adjoining properties and public rights-of-way.
B. 
Illumination. The use of blinking, flashing, or unusually high-intensity or bright lights is prohibited.
C. 
Lighting Compatibility. All lighting fixtures shall be appropriate to the use they are serving, in scale, intensity, and height.
(Ord. 1976 § 2, 2019)
No use shall create any disturbing ground vibration, heat, glare, and electrical disturbances based on typical human reaction beyond the boundaries of the subject parcel. No use shall cause electromagnetic interference with normal radio or television reception or with the function of other electronic equipment beyond the property line of the parcel on which they are located.
(Ord. 1976 § 2, 2019)
A. 
Purpose. No person or use shall discharge fluids of any kind into a public or private sewage system, water course, body of water, or the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3, and California Water Code, Division 7).
B. 
Approval Required. Projects requiring discharge to a septic system shall obtain approval of the County Division of Environmental Health. Discharge to a community sewer system shall comply with the discharge requirements of the appropriate sanitary district.
(Ord. 1976 § 2, 2019)