§ 25-2-648. PLANNED DEVELOPMENT AREA (PDA) PERFORMANCE STANDARDS.

(A)

This section applies to a planned development area agreement or zoning district. The requirements of this section supersede conflicting provisions of a planned development area agreement or ordinance, if any.

(B)

A planned area development may not produce a dangerous or objectionable element, as described in this section or a City administrative rule.

(C)

Dangerous or objectionable elements include dangerous, injurious, noxious, or objectionable noise, smoke, dust, odor, air pollution, heat, humidity, liquid or solid refuse or waste, light or glare, or other substance, condition, radiation, or element that adversely affects property or the use of property in the vicinity. This excludes resource recovery systems using solid waste.

(D)

A dangerous or objectionable element is measured in the manner prescribed by this subsection.

(1)

Noise, vibration, light, glare, odor, or radiation is measured at the point on the source property line that has the highest readings, or at any other point where the existence of the elements may be more apparent. Noise levels are determined in accordance with Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety, Environmental Protection Agency, 1974.

(2)

Smoke or toxic or noxious matter is measured at the place of emission into the atmosphere.

(3)

For open industrial operations described in Subsection (E)(6), dust concentration is measured at ground level or a habitable elevation, and either at the property line or beyond it, whichever results in the highest measurement.

(E)

A dangerous or objectionable element may not exceed the limits prescribed by this subsection.

(1)

Except for noise from a transportation facility or construction work, noise may not exceed 55 decibels LAN during daylight hours and 45 decibels LAN during night time hours.

(2)

Earth borne vibrations may not exceed:

(a)

the limits in Column I below; or

(b)

if the point of measurement is a residential area boundary line or within 80 feet of a residential area boundary line that is located in a street right-of-way, the limits in Column II below.

	Column I	Column II
Frequency Cycles Per Second	Displacement (inches)	Displacement (inches)
0 to 1	.0020	.0008
1 to 10	.0010	.0004
10 to 20	.0008	.0002
20 to 30	.0005	.0001
30 to 40	.0004	.0001
40 and over	.0003 .0001

 

(3)

A light or direct welding flash may not exceed 0.4 foot candles across the source property line. Light from these sources must be screened from an adjoining property.

(4)

Smoke may not be:

(a)

as dark or darker in shade as that designated as No. 0 on the Ringlemann Chart, as published by the United States Bureau of Mines; or

(b)

of an opacity that obscures an observer's view to a degree equal to or greater than smoke described in Subsection (E)(4)(a).

(5)

An emission of particulates for each one acre of property in a planned development area may not exceed:

(a)

for particulates that are 44 microns or smaller, one pound during any one hour; and

(b)

for particulates that are larger than 44 microns, 0.05 pounds during any one hour.

(6)

Open industrial operations that involve dust-producing equipment, including sandblasting, paint spraying, gravel and concrete batching, and similar operations, may not produce dust in a concentration that exceeds one million particles for each cubic foot at the point of measurement.

(F)

A planned development area must comply with the requirements for the storage, use, and manufacturing of explosives and hazardous materials in Chapter 6-2 ( Hazardous Materials ) and Chapter 25-12, Article 7 ( Uniform Fire Code ).

Source: Section 13-2-269; Ord. 990225-70; Ord. 000309-39; Ord. 031211-11.