Environmental standards are established in order
to preserve the short- and long-term environmental health, safety,
and welfare of the City. No parcel, lot, building or structure in
any district shall be used or occupied in any manner so as to create
any dangerous, injurious, noxious or otherwise objectionable element
or condition so as to adversely affect the surrounding area or adjoining
premises. Any use permitted by this chapter may be undertaken and
maintained if acceptable measures and safeguards are employed to limit
dangerous and objectionable elements to acceptable limits as established
by the following performance standards. No use, otherwise allowed,
shall be permitted within any district which does not conform to the
following standards of use, occupancy, and operation. These standards
are established as minimum requirements to be maintained.
A.
It shall be unlawful for any person, firm, or corporation
to permit the emission of any smoke or air contaminant in violation
of applicable air quality standards adopted by the Federal Clean Air
Act and the Michigan Department of Environmental Quality.
B.
Odors. Any condition or operation which results in
the creation of odors of such intensity and character as to be detrimental
to the health and welfare of the public or which interferes unreasonably
with the comfort of the public shall be removed, stopped, or so modified
as to remove the odor. Such odors shall be prohibited when perceptible
at any point along the property line.
C.
Gases. The escape or emission of any gas which is
injurious or destructive, harmful to person or property, or explosive
shall be unlawful and shall be abated.
A.
Noise which is objectionable as determined by the
City due to intensity, frequency, or duration shall be muffled, attenuated,
or otherwise controlled, subject to the following:
(1)
Objectionable sounds of an intermittent nature, or
sounds characterized by high frequencies, shall be controlled so as
not to become a nuisance to adjacent uses.
(2)
Sirens and related apparatus used solely for public
purposes are exempt from this requirement. Noise resulting from temporary
construction activity shall also be exempt from this requirement.
(3)
Noise levels shall not exceed 75 decibels between
the hours of 6:00 a.m. and 10:00 p.m. and shall not exceed 60 decibels
between the hours of 10:00 p.m. and 6:00 a.m., and must comply with
the levels set forth in the following table:
|
Sound Levels in Decibels at Property Lines
| |||
|---|---|---|---|
|
Octave Band Cycles per Second
|
Adjacent to All Residential Uses
|
Adjacent to All Commercial, Office and
Industrial Uses
| |
|
0 to 75
|
58
|
73
| |
|
75 to 150
|
54
|
69
| |
|
150 to 300
|
50
|
65
| |
|
300 to 600
|
46
|
61
| |
|
600 to 1,200
|
40
|
55
| |
|
1,200 to 2,400
|
33
|
43
| |
|
2,400 to 4,800
|
26
|
41
| |
|
Over 4,800
|
20
|
35
| |
B.
No use shall generate any ground-transmitted vibration
in excess of the limits set forth below. Vibration shall be measured
at the nearest adjacent lot line. The vibration maximums set forth
below are stated in terms of particle velocity, which may be measured
with suitable instrumentation or computed on the basis of displacement
and frequency.
(1)
When computed, the following standards shall apply:
|
Particle Velocity in Inches Per Second
| ||
|---|---|---|
|
Frequency
(cycles per second)
|
Displacement
(inches)
| |
|
0 to 10
|
0.0010
| |
|
10 to 20
|
0.0008
| |
|
20 to 30
|
0.0006
| |
|
30 to 40
|
0.0004
| |
|
40 and over
|
0.0002
| |
(2)
If requested by the Zoning Administrator, the petitioner
shall provide evidence of compliance with the above-noted vibration
calculations.
C.
Vibrations resulting from temporary construction activity
shall be exempt from the requirements of this section.
No use shall create any electrical disturbance
that adversely affects any operations or equipment other than those
of the creator of such disturbance, or cause, create, or contribute
to the interference with electronic signals (including television
and radio broadcasting transmission) to the extent that the operation
of any equipment not owned by the creator of such disturbance is adversely
affected.
A.
Light and glare from indirect sources.
(1)
Glare from any process (such as or similar to arc
welding or acetylene torch cutting) which emits harmful ultraviolet
rays shall be performed in such a manner so as not to be seen from
any point beyond the property line, and so as not to create a public
nuisance or hazard along lot lines.
(2)
The design and/or screening of the development shall
insure that glare from automobile and commercial or industrial vehicle
headlights shall not be directed into any adjacent property, particularly
residential property.
(3)
Exterior doors shall be located, operated, and maintained
so as to prevent any glare and light from creating a nuisance or safety
hazard to operators of motor vehicles, pedestrians, and neighboring
land uses.
B.
Exterior lighting from direct sources.
(1)
Subject to the provisions set forth herein, all parking
areas, walkways, driveways, building entryways, off-street parking
and loading areas, and building complexes with common areas shall
be sufficiently illuminated to ensure the security of property and
the safety of persons using such public or common areas.
(2)
Exterior lighting shall be located and maintained
to prevent the reflection and glare of light in a manner which creates
a nuisance or safety hazard to operators of motor vehicles, pedestrians
and neighboring land uses. This provision is not intended to apply
to public streetlighting.
(3)
The following additional standards shall apply:
(a)
All streetlighting to be installed between the
sidewalk and street along Main Street or Washington, consistent with
the plans and standards adopted by the City and the Downtown Development
Authority.
(b)
Lighting, whether pole-mounted or building-mounted,
shall be placed and shielded so as to direct the light onto the site
and away from adjoining properties. Lighting shall be shielded so
that it does not cause glare for motorists.
(c)
Lighting for uses adjacent to residentially
zoned or used property shall be designed and maintained such that
illumination levels do not exceed 0.1 footcandle along property lines.
Lighting for uses adjacent to nonresidential properties shall be designed
and maintained such that illumination levels do not exceed 0.5 footcandle
along property lines. Light intensity shall not exceed a maximum of
10 footcandles in any given area. The Plan Commission, at its sole
discretion, may allow for an increased level of lighting above maximum
permissible levels when it can be demonstrated that such lighting
is necessary for safety and security purposes.
(d)
All lighting potentially visible from an adjacent
street, except pedestrian-oriented bollard lighting less than 42 inches,
shall be indirect or shall incorporate a full cut-off shield-type
fixture. No light slipover shall occur outside of the property boundaries.
(e)
Lighting fixtures shall not exceed a height
of 20 feet. In portions of a site adjacent to residential areas, lighting
fixtures shall not exceed a height of 15 feet.
(f)
All lighting, including ornamental lighting,
shall be shown on site plans in sufficient detail to allow determination
of the effects of such lighting upon adjacent properties, and traffic
safety. Temporary holiday lighting and decorations are exempt from
the aforementioned provision.
(g)
Building illumination and architectural lighting
shall be indirect in character, with no light source visible. Architectural
lighting, where used, shall articulate and animate the particular
building design, as well as provide the required functional lighting
for safety of pedestrian movement.
A.
It shall be unlawful for any person, firm, corporation
or other legal entity to pollute, impair or destroy the air, water,
soils or other natural resources within the City of Royal Oak through
the use, storage and handling of hazardous substances and/or waste
or the storage and disposal of solid, liquid, gaseous and/or sanitary
waste.
B.
Any person, firm, corporation or other legal entity
operating a business or conducting an activity which uses, stores
or generates hazardous substances shall obtain the necessary permits
and/or licenses from the appropriate federal, state or local authority
having jurisdiction. The City shall be informed of any and all inspections
conducted by a federal, state or local authority in connection with
a permit and/or license.
C.
Any person, firm, corporation or other legal entity
operating a business or conducting an activity which uses, stores
or generates hazardous substances shall complete and file a hazardous
chemicals survey on a form supplied by the City in conjunction with
the following:
