The requirements herein are intended to provide a basis for
determining the compatibility of land uses that may produce measurable
adverse environmental effects on their surroundings.
[Amended 7-27-2016 by Ord. No. 16-16]
The performance standards herein shall apply to all permitted
uses in all districts, all conditional uses in all districts and any
other uses, either specified or unspecified.
[Amended 8-23-1999 by Ord. No. 99-13]
A.
Maximum sound levels. No operation or activity shall cause or create
noise above the sound pressure level of 75 decibels, as measured at
the boundaries of the nearest residentially zoned lot. Said sound
pressure level shall be modified where applicable by the adjustments
in Table 18 at the locations specified therein.[1]
[1]
Editor's Note: Table 18 is included as an attachment to this chapter.
B.
Measurement. A sound-level meter shall be employed to measure the
intensity of sound. The flat network slow meter response of the sound-level
meter shall be used. (American Standards Association SI. 6-1960, Preferred
Frequencies for Acoustical Measurement).
C.
Exemptions. The following shall be exempt from noise performance
standards:
(1)
Noises of construction or maintenance activities from 7:00 a.m.
to 7:00 p.m.
(2)
Noises of safety signals, warning devices, and emergency pressure
relief valves.
(3)
Transient noises of moving sources such as transportation vehicles.
(4)
Noises associated with snow plowing, street sweeping, and mosquito
abatement.
(5)
Church bells, chimes, and carillons.
(6)
Other noises not under the direct control of the property user.
A.
Maximum vibration. Ground-transmitted vibration shall not exceed
the maximum permitted particle velocities in Table 19 at the locations
specified therein.[1]
[1]
Editor's Note: Table 19 is included as an attachment to this chapter.
B.
Measurement.
(1)
A seismograph or other three-component measuring system capable
of simultaneous measurement of vibration in three mutually perpendicular
directions shall be used to measure vibration.
(2)
Particle velocity may be measured directly or computed by the
following formula:
|
PV
|
=
|
6.28 x F x D
|
|
Where:
| ||||
|
PV
|
=
|
Particle velocity in inches per sound
| ||
|
F
|
=
|
Vibration frequency in cycles per sound
| ||
|
D
|
=
|
Single amplitude displacement of the vibration in inches
| ||
(3)
The maximum particle velocity shall be the maximum vector sum
of the three mutually perpendicular components recorded simultaneously.
Emissions of smoke shall not exceed the maximum permitted smoke units, as defined in § 156-3, and Ringelmann Number ratings in Table 19a.[1]
[1]
Editor's Note: Table 19a is included as an attachment to this chapter.
A.
Maximum emissions.
(1)
"Particulate matter" is fine solid or liquid particles small
enough to be carried in the air, including products of combustion
such as soot and fly ash, industrial dust, and products of wind erosion.
(2)
The rate of emission of particulate matter from all sources
within the boundaries of any lot shall not exceed the values in Table
19b as adjusted by the factors in Table 20.[1]
[1]
Editor's Note: Tables 19b and 20 are included as attachments to this chapter.
B.
Measurement. The emission rate in pounds per hour from any single
stack shall be determined by selecting the continuous four-hour period
which will result in the highest average emission rate.
C.
Control of wind erosion.
(1)
Emission of particulate matter from materials, products, or
surfaces subject to wind erosion shall be minimized by paving, oiling,
wetting, covering, landscaping, fencing, or other means.
(2)
This shall apply to vacant lots, unpaved roads, yards and storage
piles of bulk materials such as coal, sand, condors, slag, and sulfur,
and similar sources of windborne particulates.
A.
Maximum emissions. Release of any airborne toxic matter shall not
exceed the permitted standards in Table 21 at the locations specified
therein.[1]
[1]
Editor's Note: Table 21 is included as an attachment to this chapter.
B.
Measurement. Measurement of toxic matter shall be at ground level
or habitable elevation and shall be the average of any twenty-four-hour
sampling period.
B.
Measurement. Odor shall be measured by odor threshold concentrations
with the American Society for Testing and Materials Method D1 391-57,
Standard Method for Measurement of Odor in Atmospheres (Dilution Method),
or its equivalent. Odor shall be measured at ground level or habitable
elevation.
A.
Other regulations applicable. In addition to the requirements herein,
all materials regulated in this section shall be utilized, stored,
manufactured, and handled in accordance with the Village Fire Protection
Code and the standards of the National Fire Protection Association.
B.
Detonable materials.
(1)
Detonable materials are all materials or products that decompose
by detonation, including, among other materials:
(a)
All primary explosives such as lead azide, lead styphnate, fulminates,
and tetracaine.
(b)
All high explosives such as TNT, RDX, HMX, PETN, and picric
acid.
(c)
Propellants and components thereof such as dry nitrocellulose,
black powder, boron hydrides, and hydrazide and its derivatives.
(d)
Pyrotechnics and fireworks such as magnesium powder, potassium
chlorate, and potassium nitrate.
(e)
Blasting explosives such as dynamite and nitroglycerine.
(f)
Unstable organic compounds such as acidulates, tetrazoles, and
ozonides.
(g)
Strong unstable oxidizing agents such as perchloric acid, perchlorates,
and hydrogen peroxide in concentrations greater than 35%.
(h)
Nuclear fuels, fissionable materials and products, and reactor
elements such as Uranium 235 and Plutonium 239.
(2)
The storage, utilization, or manufacture of detonable materials
shall be permitted only as licensed by the Village or as incidental
to a principal use subject to requirements of Table 22.[1]
[1]
Editor's Note: Table 22 is included as an attachment to this chapter.
C.
Flammable solid materials. The utilization, storage, and manufacture
of flammable solid materials are permitted subject to the following
restrictions:
|
Rating
|
Restrictions
| |
|---|---|---|
|
Incombustible to moderate burning
|
None
| |
|
Free to active burning to intense burning
|
Only in a completely enclosed building with minimum two-hour
fire-resistive construction that is either protected with an automatic
fire extinguishing system, or located at least 40 feet from all lot
lines
|
D.
Flammable liquids and gases. The storage, utilization, and manufacture
of flammable liquids or gases that produces flammable or explosive
vapors shall be limited to the quantities specified in Table 23.[2]
[2]
Editor's Note: Table 23 is included as an attachment to this chapter.
No operation shall produce direct or indirect illumination greater
than 0.5 footcandle in any residential district.
No heat from operations or processes shall be sensed at any
lot line to the extent of raising the temperature of air or materials
more than 5° F.
[Amended 7-27-2016 by Ord. No. 16-16]
No operation shall be permitted that causes any individual outside
of the lot lines to be exposed to any radiation exceeding the lowest
concentration permitted for the general population by federal and
state laws and regulations in effect as of the day of application
for a certificate of occupancy.
A.
Generally. The procedures herein are intended to enforce the performance
standards established in this article, to protect businesses from
arbitrary enforcement, and to protect the public from unnecessary
enforcement costs.
B.
New uses.
(1)
An application for a conditional use permit or a building permit
for an industrial use within the I-1 Industrial District shall include
a certification by a licensed engineer, licensed architect, or scientific
laboratory that the use involved in the application is able to meet
all applicable performance standards to the extent that this can be
judged based on the submitted building plans and other information
available prior to construction.
(2)
This certification shall be accompanied by copies of all data
or information supplied by the applicant and used as the basis of
the certification. The Zoning Administrator may refer the certification
and data to the Village Engineer for review.
(3)
The Zoning Administrator may also require such certification
for a land use in any other zoning district when in his or her judgment
the use has potential to exceed any performance standard herein. Such
certification may include all performance standards or only individual
standards specified by the Zoning Administrator.
C.
Existing uses.
(1)
In enforcing performance standards on existing uses, the Zoning
Administrator may issue a written notice of violation to an alleged
violator.
(2)
The Zoning Administrator shall, before issuing such notice,
make technical determinations of violation when such determinations
can be made using equipment and trained personnel normally available
to the Village or obtainable without extraordinary expense.
(3)
In other cases, however, technical complexity or extraordinary
expense may make it unreasonable for the Village to maintain personnel
or equipment for making determinations of violation prior to issuing
a notice of violation. In such cases, a notice of violation may be
issued when the Zoning Administrator has other reason to believe there
is probable violation.
(4)
The notice shall describe the alleged violation and the results
of technical determinations or the other reasons why the Zoning Administrator
believes there is a violation. The notice shall require either an
answer or correction of the alleged violation to the satisfaction
of the Zoning Administrator and within a time limit he or she shall
specify in the notice.
(5)
The notice shall also state that failure to provide an answer
or correct the alleged violation with this time limit shall constitute
admission of a violation.
(6)
The notice shall further state that, if technical determinations
have not already been made, upon request of the alleged violator such
determinations will be made. If a violation is found as a result of
such determinations, the cost of the determinations will be assessed
against the properties or parties responsible in addition to any other
penalties provided for. If no violation is found, the Village will
pay the cost of the determinations.
