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HomeMy WebLinkAboutOrdinance No. 18915oRDZNANCE No. 18915 AN ORDINANCE CONCERNING ZONING ORDINANCE PER- FORMANCE STA~~DARDS; AMENDING SECTIONS 2.370, 9.450, 9.464, 9.470 AND 9.710 OF THE EUGENE CODE, 1971; REPEALING PRESENT SECTIONS 9.636, 9.638, 9.640, 9.642, 9.644, 9.646, 9.648, 9.650, 9.652, 9.654, 9.656, AND 9.658 OF THAT CODE; .ADDING NEW SECTIONS 9.636, 9.63$, 9.640, 9.642, 9.644, 9.646, 9.648, 9.650, 9.652, 9.654, 9.656, 9.653r 9.6bar AND 9.662 To THAT CODE; AND DE- CLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOL,LQWS: Section 1. Subsection ~2~ of Section 2.370 of the Eugene Code, 1971, is hereby amended to read and provide: 2.370 Hearin s official - A pointment and Duties. ~2} It shall be the duty of the hearings official to receive and examine available information, conduct public hear- ings, prepare a record thereof, and enter findings and conclu- sions for: ~a~ The adoption or rejection of requests for conditional uses, ~.b~ Diagrammatic and preliminary applications for planned unit developments, and . ~c~ Appeals from decisions of the building offi- cial regarding alleged performance standards violations. Section 2. The first and second unlettered paragraphs of Sec- tion 9.450 of the Eugene Code, 1971, are hereby amended to read and provide: 9.450 Permitted Buildings. and Uses. In the ~~-1 Limited Industrial District, the following buildings and uses are permitted as hereinafter specifically provided, subject to the general provisions, exceptions, and performance sta~.d- ards set forth in this ordinance. If, however, any permitted building or use could be hazardous, obnoxious, or offensive by reason of emission of odor or use of biological agents, the building or use shall be treated as a conditional use, subject to the issuance of a conditional use permit in accordance with the procedures set forth in sections 9.696 to 9.722. Section 3. The first and second un~.ettered paragraphs of Sec- Ordinance - 1 tion 9.464 of the Eugene Cede, 1971, are hereby amended to read and provide: 9.464 Permitted Buildings and Uses. In the ~~I-~2 Light Indus- um~w~~~nno.. triah District, the following buildings and uses are permitted as hereinafter specifically provided, subject to the general provisions, exceptions, and performance standards set forth in this ordinance. If, however, any permitted building or use could be hazardous, obnoxious, or offensive by reason of emission of odor ar use of biological, agents, the building or use shall be treated as a conditional use, subject to the issuance of a conditional use permit in accordance with the procedures set forth in sections 9.696 to 9,722. Section 4. The second unlettered paragraph of Section 9.470 of the Eugene Code, 1871, is hereby amended to read and provide: 9.470 If, however., any permitted building or use could be hazardous, obnoxious, or offensive by reason of emission of odor ar use of biological agents, the building ar use shall be treated as a conditional use, subject to the issuance of a conditional use permit in accordance with the procedures set forth in sections 9.696 to 9.722. Section 5. The present sections 9.636, 9.635, 9.640, 9.642, 9.644, 9.646, 9.645, 9.65, 9.652, 9.654, 9.656 and 9.658 of the Eugene Code, 1971, are hereby repealed. Section G. There are hereby added to the Eugene Code, 1971, the following new sections, to read and provide: Performance Standards 9.636 Descri tion and Pur ose. The provisions of sections 9.636 to 9.662 are known as the performance standards. All uses and activities shall observe these standards in order to achieve the purpose and objectives of this zoning ordinance as set forth in section 9.252. 9.638 Existing Uses. Activities, uses, equipment and pro- cesses existing as of January 27, 1982 that do not meet the standards set forth in sections 9.636 to 9.662 are subject to the following requirements: ~a}. ~~o use shall be changed in a manner that could result in a greater degree of nonconformity. ordinance - 2 fib} Expansions and installation of new equip- ment or processes shall conform to applicable stand- ards as set forth in seotions 9.636 to 9.662. ~.c~ Time limits on existing use noise emissions that exceed stipulated maximums are prescribed in sec- tion 9.6 4 4 ~.b ~ . ~~d~ All. uses not otherwise prescribed by this ordinance shall conform to applicable federal, state, and local laws and regulations. 9.640 New Uses. Activities, uses, equipment and processes established after January 27, 1952 shall observe the following requirements: ~.a~ Applicable standards as set forth in sec- tions 9.636 to 9.662, when federal or state standards are more strict, they shall be observed. ~_b~ Prior to issuance of a building permit or certificate of occupancy , the building official may require: 1. Evidence that mandatory federal, state, and local permits have been obtained. 2. Information demonstrating that the pro- posed use, activity, process or equipment will comply with applicable standards set forth in sections 9.636 to 9.662. This information may be required as a report or findings prepared by qualified engineers or other technical consult- ants . 9.642 Measurements. Accurate and representative measurements as necessary shall, be made according to accepted engi- neering practice. Measurements shall be made at or anywhere beyond the property lines of the property from which the emis- sion is generated. 9.644 Noise. Maximum sound emissions shall not exceed equi~- valent sound pressure levels in decibels, A-Weighted Scale, for any one hour as stipulated in the table in this sec- tion. These maximums are applicable beyond any property lines of the property containing the noise. Equivalent sound pres- sure level ~Leq} is a measure of the sound level for any one hour. It is the energy average of all the various sounds emitted from the source during the hour. A-Weighted Scale is used to adjust sound measurements to simulate the sensitivity of the human ear. ~_a~ Maximum one hour equivalent sound pressure levels A-Weighted ~dBa~ Time of Darr Receivin Pra ert Zoning District Residential I-1 M-1 Commercial 7 AM - 10 PM 57 65 65 65 10 PM - 7 AM 50 65 65 60 ordinance - 3 In the event the receiving property is occupied by a dwelling, hospital, scho©l, library or nursing home, even though it may be otherwise zoned far commercial or industrial. and re~,ated uses, maximum one hour equivalent sound pressure received shall be: i ime of Day Level 7AM- 1D PM ~57 1D PM - 7 AM 50 fib} Existing uses. Noise emissions from uses existing as of January 27, 1982 that exceed prescribed maximums shall comply with those maximums within 24 months thereof . ~c} Noises of sham duration. Far noises of short duration or impulsive character, such as hammer- ing, maximum one hour sound pressure levels permitted beyond the property of origin shall be seven decibels less than those .listed in section 9.644~a}. ~d~ Noises of unusual periodic character. For noises of unusual periodic character, such as humming, screeching, and pure tones, the fallowing median octave band sound pressure levels, as required by the Depart- ment of Environmental Quality, shall not be exceeded beyond the property of origin when the receiving prop- erty is residentially zoned or is occupied by a dwell- ing, hospital, school, library, or nursing home: 1. ~~edian Octave Band Sound Pressure Levels Octave Band Center Frequenc~r , H,,,z .,,,,~~ 7AM- lOPM lOPM- 7AM 31.5" 68 65 63 65 62 1,25 61 56 250 55 50 5DD 52 46 100D 49 43 2000 46 44 4,000 43 37 8D00 40 34 2. Additional allowance. ing property tai, school, sound decibel specified in permitted as Receiving Pro~ert~ Zone _I~1. Commercial M-1 is not occupied by library, or nursing emission above the section 9.644 ~d} 1, follows: to 5 10 {e~ Exem toons. Local noise standards set forth in this section do not apply to the fallowing situations: 1. Emergency equipment operated on an irregular or unscheduled basis. tiahen the receiv- a dwelling, hospi- home, an additional pressure levels above shall be Additional Decibels Allowed Ordinance -- 4 2, warning devices operated continuously for no more than five minutes. 3. Rai~,road equipment when subject to federal or state regulations. 4. Be11s, chimes, or carillons. 5. Non-electronically amplified sounds at sporting, amusement, and entertainment events. 6. Construction site sounds, except that they shall be confined to 7 a.m, through ? p.m. 7. sawn and plant care machinery fitted with correctly functioning sound suppression equipment and operated between ? a.rn. and S p.m. S. Aircraft when subject to federal or state regulations. 9.~ Agricultural equipment operated be- tween ? a.m, and ? p.m. ~f} Exceptions. Upon written application from the owner or operator of an industrial or commercial raise source, the city manager or the manager's desig- nate may authorize or conditionally authorize excep- tions to local noise emission standards in the follow- ing situations: 1. Infrequent events. 2. Noise levels at or anywhere beyond the property lines of the property of origin when ex- ceeded by an exempt noise, as listed in section 9.644~e} above, in the same location. 3. Noise levels on property owned or con- troll.ed by the person generating the noise. 4. If after applying reasonably available control technology, a use existing as of January 2?, 1982 is unable to conform to the standards established by this section.. Exception applications shall be filed in the office of the building division on a form prescribed by that division, and shall be accompanied by a fee as estab- lished by council resolution. 9.646 vibrations. No use in any zoning district shall gen- erate ground vibration which is perceptible without instruments by the building official beyond the property of origin. ground vibrations caused by motor vehicles, trains, air- craft, or temporary construction work are exempt from these standards. In addition, ground vibrations transmitted between two or more properties owned or controlled by one person are exempt from these standards. 9.645 Electromagnetic Interference. No use in any zoning district shall~l~~~~~p~roduce electromagnetic interference with properly designed and functioning electromagnetic equip- ordinance - 5 meat, radios, or televisions on other properties. 9.650 Air_Quality. All uses in all zoning districts shall comply with applicable local, state, and federal laws and regulations. regarding contaminants and pollutants. This requirement includes, but is not limited to, emission of sus- pended particulates, carbon monoxide, and hydrocarbons. 9.652 Liquids and Solyds, are prohibited f ror~ into any public or private or into the ground, streams ante with applicable local,, bons . All uses in all zoning districts discharging liquid or solid wastes sewage disposal system as well as on or rivers except when in compli- state, and federal laws and regula- 9.654 Glare and Heat. ~l~ All uses in all, zoning districts are prohibited from emitting the following anywhere beyond the property of origin when perceptible without instruments by the building official: ~a} Heat or heated air which may cause distress, discomfort or injury. fib} Direct glare, including but not limited to sources generated by floodlights, combustion or welding. X27 The following are exempt from the provisions of this section provided light sources are shielded so as not to be directly visible from properties other than the property of origin: ~.a~. Signs permitted by the Eugene Code, 1971. ~b~ Parking area lights permitted by the Eugene Code, 1971. ~c} Buildings and structures under construction. d Equa.pment not operated on a regular basis. ~e~ ~~~ormal interior and exterior building illumination. ~.f~ Glare and heat limited to two or more properties owned or controlled by one person. 9.656 Radioactive Materials. The handling of radioactive materials, the discharge of radioactive materials into air or water, and the disposal of radioactive waste in connec- tion with all uses in all zoning districts shall be in confor- mance with all applicable local, state, and federal regulations. 9.655 Toxic ar ~~oxinus Matter. All uses in all .zoning dis- tricts shall be prohibited from emitting toxic or ordinance - 6 noxious matter of any type beyond property lines of the ro - erty of origin if : p p ~a~ The emission exceeds l4a of the concentra- tion considered as the threshold limit for an indus- trial worker as set forth by the Oregon workers' Compensation department, and ~b~ The quantity of emission is not otherwise subject to local, state, or federal. laws or re ulations. g 9.664 Determination and Enforcement. Alleged violations of the performance standards set forth in sections 9.636 to 9.662 shall be determined and enforced as provided in this section. ~_a~ City determination. where a violation can be determined by the building official ar other dui Y authorized city employee using equipment and personnel avaa.lable to the city, the determination shall be so made and an order of compliance requiring correction of the violation within a reasonable time period shall be issued. 2f necessary to eliminate a violation found to exist, the building official shall take or cause to be taken, lawful action as provided for in the Eugene Code, 1971. ~b~ Third part determination, where determina- tion of a violation entails the use of highl skilled Y personnel or expensive instruments not ordinarily avail- able to,the city,and when, in the judgment of the build- ing off zcial a violation may exist, the building offi- cial shall so notify the person who owns or control s the use in question. The notice shall describe the particulars of the alleged violation and state the rea- sons why the building official believes the violation exists. The notice shall also require an answer or correction of the alleged violation within a reasonable time limit to be set by the building official. The notice shall further state that if the alleged violation is not corrected, a technical deter- mination based on the performance standards set forth in this ordinance shad be made by qualified en ineers or other technical consu ~ g pants, and that if a viola- tion as alleged is found, the cost of the determina- tion shall be charged to those responsible for the violation. If it is determined that no violation exists, the cost of the determination shall be borne by the city. ~_c~ Appeals. A building official's determina- tion and enforcement order may be appealed to the hearings official by the person who owns or controls the use in question as follows: . 1, The appeal shall be filed in the office of the building division on a form prescribed b that division. y Ordinance - 7 2. The appeal shall be filed within ten days of the building official's determination, which determination shall be final if no appeal therefrom is filed. 3. .The appeal shall stay all further action unless the building official certifies to the hearings official that in the former's opinion, a stay wou~.d cause iruninent peril to life or property. 2n that case, the enforcement proceed- ~.ngs can only be stayed by the hearings official or a court of j urisdict~,on. 4. The appeal shall be accompanied by a fee in an amount to be established by council resolution. 5. The hearings official may reverse, affirm, ar modify the enforcement order . The hearings official shall issue written findings of fact and conclusions of law. The decision of the hearings official shall be final. ~d} F%nes . Notwithstanding specific penalty provisions in section 9.990, each violation not cor- rected as provided far in this section shall be pun- fishable by a maximum fine of $500 for each day the violation continues after the ordered date of com- pliance. 9.662 Conflictin Provisions. where standards set forth in sections 9.636 to 9.662 conflict with provisions else- where in the Eugene code, 1971, those requiring the higher standards shall govern. Section 7. Subparagraph ~j } of Section 9.710 of the Eugene Code, 1971, is hereby amended to read and provide: 9.710 ~j} Regulation of noise, vibration, offensive odors, hazardous biological materials, and other nuisances to a greater extent than set forth in sec- tions 9.636 to 9.662 if necessary to conform to the general conditional use permit criteria set forth in section 9.702. Section 8. That the provisions contained herein. concern the public welfare and safety, and in order to insure the orderly admin- istration of the City's zoning ordinances, an emergency is hereby declared to exist, and this Ordinance shall become effective immedi- Ordinance - 8 ately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 27th day of January, 1982 l/l~t~' /~ / i~ City Recorder Approved by the Mayor this 27th day of Januar~r, 1982 ~~,~ ~; y nil _.'~ ~..~ A Mayor . Qrdinance -- 9.