Section 5.19 Performance Standards
Any permitted or special use must conform to the following performance standards. In conjunction with the plan review, the developer-applicant shall provide to the Zoning Administrator information, which is sufficient to show that the proposed use and the manner of its conduct will meet the following performance standards:
A. Noise: The sound pressure level of any individual operation shall not exceed the maximum decibel levels set forth in the Fountain Hills Town Code Section 11-1-7, Table 1, with each individual operation being considered a sound source, as such term is defined in the Fountain Hills Town Code Subsection 11-1-7(B)(8), as amended. For purposes of this Subsection 5.19(A), decibel levels shall be measured according to the measurement standards set forth in the Fountain Hills Town Code Section 11-1-7, as amended; provided, however, that for purposes of this Subsection 5.19(A), the registering of a noise complaint shall not be necessary.
B. Smoke: No emission of smoke from any source shall be permitted to exceed a greater density than that density described as No. 1 on the Ringlemann Chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringlemann Chart, for not more than four (4) minutes in any thirty (30) minute period. For the purpose of grading, the density of smoke, the Ringlemann Chart, as published by the U.S. Bureau of Mines, shall be the standard.
C. Glare or Heat: Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.
D. Vibration: No vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three (3) minutes or more duration in any one (1) hour of the day between the hours of 7:00 a.m. to 7:00 p.m., or of thirty (30) seconds or more duration in any one (1) hour during the hours of 7:00 p.m. and 7:00 a.m.
E. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution: No emission shall be permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause any excessive soiling.
F. Liquids and Solid Waste: No wastes shall be discharged in the public sewerage system, which endanger the normal operation of the public sewerage system.
G. Odors: No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the property lines.
H. Existing Commercial Landscaping Maintenance Standards:
1. Landscaping located within the front and/or street side of the lot on any property with a commercial, industrial or multifamily (five or more dwelling units) land-use designation, whether developed or otherwise, shall be maintained in substantial conformance with its condition as of June 15, 2017.
2. No commercial, industrial or multifamily site landscaping may be removed, destroyed, relocated, or substantially trimmed without first applying for and receiving the Zoning Administrator’s administrative approval of a Town of Fountain Hills landscaping permit. The standards for such permits are outlined in Subsection 6.05(C)(6) of the Fountain Hills Subdivision Ordinance.