Chapter 7
Performance Standards
The following performance standards are established in order to preserve the environmental health, safety and welfare of the City. No activity, operation or use of land, building or equipment shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition that adversely affects the surrounding area.
Before the issuance of any building or occupancy permit, the applicant shall execute an agreement, in a form satisfactory to the city, stating that the use of the property will meet the following performance standards and that any violation of these standards in subsequent operations will be corrected. The costs of inspection by experts to determine compliance shall be borne by the applicant.
The following standards are deemed the minimum requirements to be maintained.
4.701 Airborne Emissions.
It shall be unlawful for any person, firm, or corporation to emit or create any smoke or air contaminant in violation of applicable air quality standards adopted by the Federal Clean Air Act and the Michigan Department of Natural Resources and Environment (MDNRE).
4.702 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.
4.703 Gases.
The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive is prohibited.
4.704 Noise and Vibration.
A. Noise which is objectionable 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. The intensity level of sounds shall not exceed the following decibel levels when adjacent to the following types of uses:
|
In Decibels |
Adjacent Use |
Where Measured |
|---|---|---|
|
55 |
Uses permitted in residential districts and residential special-purpose districts |
Common lot lines |
|
65 |
Uses permitted in Mixed Use and non-residential special purpose districts |
Common lot lines |
|
75 |
Uses permitted in industrial districts |
Common lot lines |
4. Construction activity creating noise exceeding 55 decibels (dbA) as measured at the boundary or property lines is allowed only during the hours of 7 am to dusk unless otherwise approved by the City.
5. The sound level shall be measured with a type of audio output meter approved by the United States National Institute of Standards and Technology. Objectionable noises due to intermittence, beat frequency, or shrillness, shall be muffled so as not to become a nuisance to adjacent uses even if falling below the decibel limits of subsection 3, above.
B. Vibration. 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. When computed, the following standards shall apply:
|
Frequency in Cycles per Second |
Displacement in Inches |
|---|---|
|
0 to 9.99 |
0.0010 |
|
10 to 19.99 |
0.0008 |
|
20 to 29.99 |
0.0006 |
|
30 to 39.99 |
0.0004 |
|
40 and over |
0.0002 |
If requested by the enforcement official, the petitioner shall provide evidence of compliance with the above noted vibration calculations.
Vibrations resulting from temporary construction activity shall be exempt from the requirements of this Section.
4.705 Electrical Disturbance, Electromagnetic, or Radio Frequency Interference.
No use shall create any electrical disturbance that adversely affects any operations of 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.
4.706 Hazardous Substances.
A. Any person, firm, corporation or other legal entity operating a business of conducting an activity that 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 of local authority in connection with a permit and/or license.
B. Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall provide a description of hazardous substances and management procedures for approval by the City Fire Marshall in conjunction with the following:
1. Upon submission of a site plan.
2. Upon any change of use or occupancy of a structure or premise.
3. Upon any change of the manner in which such substances are used, handled, stored, and/or in the event of a change in the type of substances to be used, handled or stored.
4.707 Glare and Radioactive Materials.
A. 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 as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.
B. Radioactive materials and wastes, including electromagnetic radiation such as X-ray machine operation, shall not be permitted to exceed quantities established as safe by the United States National Institute of Standards and Technology, when measured at the property line.
C. Glare from automobile headlights or commercial or industrial vehicle headlights shall not be directed into any adjacent property so as to become a nuisance.
4.708 Fire and Explosive Hazards.
The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with the state rules and regulations as established by Public Act No. 207 of 1941 (MCL 29.1 et seq.).
4.709 Property Maintenance.
All properties within the City shall be maintained in accordance with the requirements of the Property Maintenance Code.
4.710 Liquid or Solid Waste.
No industrial operations shall directly discharge industrial waste of any kind into any river, stream, reservoir, pond, or lake. All methods of sewage and industrial waste treatment and disposal shall be approved by the city and state health departments or Department of Natural Resources.