Nuisances

Nuisances do not come under the protective provisions of § 260-32, and, therefore, the following regulations shall apply to all land uses within the Town. These regulations pertain to new development under this chapter only insofar as such development is permitted under the provisions of this chapter.

• A. Electromagnetic interference. In all zoning districts, no use, activity, or process shall be conducted which causes electromagnetic interference with normal radio or television reception from off the premises where the activity is conducted.
• B. Humidity and heat. In all zoning districts, any activity producing humidity in the form of steam or moist air, or producing heat, shall be carried on in such a manner that the steam, humidity, or heat is not perceptible to normal senses at any lot line.
• C. Noise. At no point within any zoning district shall the sound level of any use exceed the maximum permissible sound levels established by Chapter 171, Noise, of the Code of the Town of Westerly.
• D. Odorous matter. Emission of odorous gases or other matter released from any operation or activity shall not cause an obnoxious odor beyond lot lines, measured either at ground level or habitable elevation.
• E. Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on any boundary line of the lot on which the use is located.
• F. Lighting. Exterior lighting shall be installed in such a manner that the light source will be sufficiently obscured to prevent glare on public streets or into any residential area. Outside lights must be made up of light source and reflector so that, acting together, the light beam is controlled and not directed across a property line. A person shall not conduct a use that has a visible source of illumination that produces glare or direct illumination across a property line of an intensity in excess of 0.5 footcandles.
• G. Combustible/explosive materials. In all zoning districts, all uses involving explosive and/or combustible materials shall comply with the rules and regulations of the State Fire Marshal.
• H. Gas. No uses shall emit noxious, toxic, or corrosive fumes or gases in concentrations or amounts causing discomfort of injury to humans or harmful to vegetation. The owner or occupier of the land shall upon request obtain confirmation in writing from the Department of Health of the State of Rhode Island that the proposed levels will be safe to the general population.
• I. Hazardous materials. If any use of land requires the use, storage, or disposal of hazardous materials on site, the use shall comply with all fire and building codes for hazardous materials use and adequate precautions shall be taken to protect against negative off-site impacts of a hazardous materials release, using best available technology. Upon request, the owner or occupier of the land shall obtain a hazardous material impact analysis approved by the appropriate fire district to determine potential off-site impacts and required mitigation precautions.
• J. Radiation hazards. The airborne emission of radioactive material shall comply with the latest provisions of the State of Rhode Island Rules and Regulations pertaining to radiation control.
• K. Smoke/particulate matter. No emission of smoke or particulate matter which can cause any damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling is permitted. No emission at any point from any chimney or otherwise of visible gray smoke of a shade darker than No. 1 of the Ringelmann Smoke Chart as published by the United States Bureau of Mines is permitted. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and driveways within lot boundaries, shall be kept to a minimum by appropriate landscaping.
• L. Toxic/noxious matter. No use shall for any period of time discharge across the boundaries of the lot wherein toxic matter is located in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.
• M. Liquid waste.
  • (1) Standards. Liquid effluent from any treatment process which is discharged into the ground shall at all times comply with the following standards:
    • (a) Maximum five-day biochemical oxygen demand: 20 parts per million.
    • (b) Maximum total solids: 5,000 parts per million.
    • (c) Maximum phenol: 0.01 parts per million.
    • (d) Maximum pH limits: above 6.5 or below 8.0.
  • (2) Location of disposal facilities: Septic tank, leach field or other disposal place for liquid waste shall not be located less than 400 feet from the nearest point of any public drinking water wellhead area.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (3) Toxic substances: No effluent shall contain any other acids, oils, dust, toxic metals, corrosive or other toxic substance in solution or suspension which would create odors, discolor, poison, or otherwise pollute any stream or other groundwater supply.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (4) Temperature: No discharge shall raise the temperature of a water body above temperatures which are normal for such bodies and can support normal aquatic life in such water body.