7.8 Performance Standards

7.8.A Applicability

  • The performance standards of this Section shall apply to all lands, buildings, structures, and uses in all zones, whether a permitted use, a special permit use, an accessory use or a non-conforming use.
  • Initial and continued compliance with these performance standards shall be required of every building, structure and use.

7.8.B General Standard

  • No building or use shall 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, electromagnetic or other substance, condition or element in such manner, or in such amount, as to adversely affect the reasonable use of the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"); except in accordance with the performance standards set forth hereinafter.
  • In addition to the performance standards set forth hereinafter, all relevant provisions of any other Federal, State and City laws and Regulations shall also apply.

7.8.C Standards for Dangerous or Objectionable Elements -

  • Smoke, fly ash and other dusts, gases, fumes, odors and dust-producing substances - No person shall cause or allow any smoke, fly ash and other dusts, gases, odors, fumes and dust-producing substances to be discharged or emitted into the open air, except in accordance with State or Federal statutes and regulations thereunder.
  • Fire and explosion hazards - All activities involving, and all storage of, inflammable and explosive materials shall be protected at any point, with adequate safety devices protecting against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices.
  • Heat - Heat, defined as thermal energy of a radiative, conductive or convective nature, emitted at the lot line by any use or facility shall not exceed the temperatures tolerable to plant or animal life.
  • Radioactive or electromagnetic disturbance - No activities shall be permitted which emit dangerous radioactivity at any point, or electromagnetic disturbance adversely affecting the operation, at any point, of any equipment other than that of the creator of such disturbance.
  • Noise - The maximum sound pressure level radiated at the lot or street line by any use or facility shall not exceed the values tolerable in a specifically affected residential neighborhood, unless such levels are specifically authorized as an integral part of a Special Permit approval and Site Plan approval.
  • Vibration - No vibration shall be permitted which is detectable without instruments at the lot or street line.
  • Direct and Indirect Glare - Glare caused by direct or specifically reflected rays from incandescent, fluorescent, or arc lighting, or caused from high temperature processes, such as welding or metallurgical refining, or caused by diffuse reflection from a surface, such as a wall or roof of a structure, shall not be permitted at or beyond the lot line. Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
  • Liquid or Solid Waste - No discharge or deposit shall be permitted at any point into any sanitary sewerage systems, waterbodies, watercourses, or into the ground, of any materials of such quantity, nature or temperature as can contaminate any water or land or otherwise cause the emission of dangerous or objectionable elements, except in accordance with the State and City Health and/or Sanitary Codes.
  • Waste materials - Waste materials used for the purpose of fill may be permitted only in areas designated by the Commission, subject to Special Permit approval and Site Plan approval in accordance with Section 7.3, herein.
  • Erosion and Sedimentation -
    • All development activities shall utilize "best management practices" to prevent and minimize soil erosion and sedimentation,
    • Soil erosion and sedimentation control measures appropriate to the circumstances shall be installed prior to the commencement of development activities and shall be maintained throughout the development process.
    • Such soil erosion and sedimentation control measures shall be planned, engineered and installed in accordance with the standards and specifications of the "Connecticut Guidelines for Soil Erosion and Sediment Control", as amended.
    • The Commission or its designated agent is hereby authorized to make periodic inspections of the soil erosion and sediment control measures on any site under development and, if necessary.
      • Issue an order to cease and desist from activities resulting in erosion or sedimentation and immediately institute remedial measures.
      • Require preparation and submittal of a remedial plan showing permanent corrective action followed by implementation and maintenance of such plan as approved by the Commission.
      • Revoke any permit for construction if erosion and sediment control measures are not installed in a timely manner.
    • Soil erosion and sediment control measures may be bonded as part of any development project in accordance with Section 9.9.L.

7.8.D Administration & Enforcement 

  • Written Statement May Be Required - As a part of any application for a Special Permit or Building Permit, the Commission, City Planner, or Zoning and Building Official, respectively, may require that the applicant submit a written statement of the proposed use of the building, structure or use for which the application is made, together with a certificate by a registered professional engineer, qualified scientist, or other recognized authority as to his/her best estimate as to the impact of the proposed use from the standpoint of the standards set forth in Section 7.8.C of these Regulations, and what, if any, environmental protection measures will be taken.
  • Other Approvals - Where certain aspects of a proposed use are regulated by State or Federal governmental agencies, no Certificate of Occupancy shall be issued for any building, structure or use until approvals are obtained from such agencies and copies thereof are submitted to the Commission or Zoning and Building Official.
  • Response To Possible Violation - As a result of a complaint or investigation of a possible violation, the Zoning and Building Official may require that the owner or operator submit a written statement regarding the use of the building, structure or use, together with a report by a registered professional engineer, qualified scientist, or other recognized authority as to the compliance of the use relative to the standards set forth in Section 7.8.C of these Regulations, and what, if any, environmental protection measures will be taken.
  • Measurements - Measurements to determine present compliance and estimates to determine future compliance may be made by, and at the discretion of, the Zoning and Building Official, City Planner, Fire Marshal, Ledge Light Health District, or other officer of the City or their qualified agents. The Zoning and Building Official may, at his discretion, require the owner or user of the property to furnish current measurements or estimates within a reasonable time in appropriate cases.