Chapter 18.17
PERFORMANCE STANDARDS
Sections:
18.17.040 Measurement of impacts.
18.17.060 Radioactivity or electric disturbance.
18.17.070 Fire and explosive hazards.
18.17.080 Hazardous and extremely hazardous materials.
18.17.090 Heat, humidity, cold, and glare.
18.17.100 Liquid or solid waste.
18.17.010 Purpose.
The purposes of this chapter are to:
A. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;
B. Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions; and
C. Protect industry from arbitrary exclusion from areas of the City. [Ord. 24-002 § 5 (Exh. A).]
18.17.020 Applicability.
The minimum requirements in this chapter apply to all land uses in all districts except the following uses and activities are exempt from compliance with the requirements of this chapter:
A. Legal nonconforming uses, which have an established right not to comply with the provisions of this chapter.
B. Temporary events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this code and the Dixon Municipal Code.
C. Any emergency activity on the part of the City or a private party.
D. Temporary construction activity where such activity is explicitly regulated by and in conformance with other regulations of the municipal code.
E. Other uses and activities as otherwise specified in this code. [Ord. 24-002 § 5 (Exh. A).]
18.17.030 General standard.
No land or building in any zoning district shall be occupied or used in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or amount as to adversely affect the surrounding area or adjoining premises; the foregoing are referred to as “dangerous or objectionable elements”; provided, that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulations of this chapter limiting dangerous and objectionable elements at the point of the determination of their existence. [Ord. 24-002 § 5 (Exh. A).]
18.17.040 Measurement of impacts.
Unless otherwise stated, measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance. [Ord. 24-002 § 5 (Exh. A).]
18.17.050 Air contaminants.
All uses shall comply with the current regulations of the Yolo-Solano Air Quality Management District with respect to odor, smoke, fly ash, dust, fumes, vapors, gases and other forms of air pollution. [Ord. 24-002 § 5 (Exh. A).]
18.17.060 Radioactivity or electric disturbance.
No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. [Ord. 24-002 § 5 (Exh. A).]
18.17.070 Fire and explosive hazards.
All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, in which case incineration shall be conducted in accordance with all local, State and Federal regulations, and those instances where the Fire Department deems it a practical necessity. [Ord. 24-002 § 5 (Exh. A).]
18.17.080 Hazardous and extremely hazardous materials.
The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground. [Ord. 24-002 § 5 (Exh. A).]
18.17.090 Heat, humidity, cold, and glare.
When located in a zoning district specified below, all commercial and industrial uses shall be so operated as not to produce humidity, heat, cold, or glare which is readily detectable without instruments by the average person at the following points of determination:
|
Zoning District in Which Uses Are Located |
Point of Determination |
|---|---|
|
Industrial District |
At or beyond any boundary of the zone. |
|
Any District Other Than an Industrial District |
At or beyond any lot line of the lot containing the uses. |
[Ord. 24-002 § 5 (Exh. A).]
18.17.100 Liquid or solid waste.
A. Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into 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) and any other agency as shall have jurisdiction of such activities.
B. Containment. Waste shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. Material, including but not limited to paper products, plastic, dirt, sand, lime, seed, bran, chaff, wood refuse, and other readily transportable compounds, shall be contained in a way it cannot be tracked or carried by wind off site. Closed containers shall be provided and used for the storage of any materials which by their nature are combustible, volatile, dust or odor producing or edible or attractive to rodents, vermin, or insects. [Ord. 24-002 § 5 (Exh. A).]
18.17.110 Noise.
A. Noise Limits. Unless excepted pursuant to subsection C of this section, Noise Limit Exceptions, no land use shall generate sound exceeding the maximum levels identified in Table 18.17.110.A: Noise Limits or as amended pursuant to the correction factors in Table 18.17.110.B: Noise Limit Correction Factors.
|
Zoning District |
Maximum Sound Pressure Level in Decibels |
|---|---|
|
Residential Districts |
|
|
RL |
55 dB |
|
RM |
60 dB |
|
Commercial and Mixed-Use Districts |
70 dB |
|
Industrial Districts |
75 dB |
B. Noise Limit Correction Factors. The following correction factors shall be applied to the maximum sound pressure levels in Table 18.17.110.A: Noise Limits:
|
Time and Operation of Type of Noise |
Correction in Maximum Permitted Decibels |
|---|---|
|
Emission only between 7 a.m. and 10 p.m. |
Plus 5 |
|
Noise of unusual impulsive character such as hammering or drill pressing |
Minus 5 |
|
Noise of unusual periodic character such as hammering or screeching |
Minus 5 |
C. Noise Limit Exceptions. The following sounds may exceed the maximum sound pressure levels established in Table 18.17.110.A: Noise Limits:
1. Time signals produced by places of employment or worship and school recess signals providing no one sound exceeds five (5) seconds in duration and no one series of sounds exceeds twenty-four (24) seconds in duration;
2. Sounds from transportation equipment used exclusively in the movement of goods and people to and from a given premises, temporary construction or demolition work; and
3. Sounds made in the interests of public safety.
D. Noise Level Measurement. The following provisions shall determine means for measuring noise levels. Where these provisions conflict with other provisions of the Dixon Municipal Code, the following shall remain applicable for purposes of this code:
1. Setting of Meter. Any sound or noise level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using an A-weighting and “slow” response pursuant to applicable manufacturer’s instructions, except that for sounds of a duration of two (2) seconds or less the “fast” response shall be used and the average level during the occurrence of the sound reported.
2. Calibration of Meter. The sound level meter shall be appropriately calibrated and adjusted as necessary by means of an acoustical calibrator of the coupler type to ensure meter accuracy within the tolerances set forth in American National Standards ANSI-SI.4-1971.
3. Location of Microphone. All measurements shall be taken at any lot line of a lot within the applicable zoning district. The measuring microphone shall not be less than four (4) feet above the ground, at least four (4) feet distant from walls or other large reflecting surfaces and shall be protected from the effects of wind noises by the use of appropriate wind screens. In cases when the microphone must be located within ten (10) feet of walls or similar large reflecting surfaces, the actual measured distances and orientation of sources, microphone and reflecting surfaces shall be noted and recorded. In no case shall a noise measurement be taken within five (5) feet of the noise source.
4. Measured Sound Levels. The measurement of sound level limits shall be the average sound level for a period of one (1) hour. [Ord. 24-002 § 5 (Exh. A).]
18.17.120 Vibration.
No use shall be operated in a manner which produces vibrations discernible without instruments at any point on the property line of the lot on which the use is located. [Ord. 24-002 § 5 (Exh. A).]