Uses permitted without board approval:
A. Uses conforming to the following performance standards:
(1)
Smoke. The emission of gray smoke at a density greater than
No. 1 on the Ringelmann Chart published by the U.S. Bureau of
Mines (Power's Micro-Ringelmann Chart, McGraw Hill Publishing
Co., 1954, may be used) shall not be permitted except gray smoke of
a shade not darker than No. 2 may be emitted for not more than
four minutes in any 30 minutes. These provisions, applicable to gray
smoke, shall also apply to visible smoke of a different color but
with equivalent apparent opacity.
(2)
Fly ash, soot and dust. The emission of particles from any flue
or smokestack shall not exceed 0.2 grain per cubic foot of flue gas
at a stack temperature of 500° F. and 50% excess air and shall
not cause any damage to the health of people, animals, vegetation,
or other forms of property, or cause any excessive soiling. All walks,
driveways, and parking or outdoor storage area shall be paved or dust-proofed.
(3)
Noise. At no point on the boundary of a residence district,
or property line other than a residence district boundary, shall the
sound pressure level of any individual operation or plant (other than
background noises produced by sources not under the control of this
chapter, such as the operation of motor vehicles or other transportation
facilities) exceed the decibel levels in the designated octave bands
shown below for the districts indicated:
Table A
|
---|
Maximum Permissible Sound Pressure Levels
|
---|
Maximum Sound Pressure Level in Decibels
(0.0002 dyne per square centimeter)
|
---|
Octave Band in Cycles Per Second
|
Decibels Along Residence District Boundaries
|
Decibels Along Property Lines Other Than Residence District
Boundaries
|
---|
0 to 75
|
72
|
79
|
76 to 150
|
67
|
74
|
151 to 300
|
59
|
66
|
301 to 600
|
52
|
59
|
601 to 1,200
|
26
|
53
|
1,201 to 2,400
|
40
|
47
|
2,401 to 4,800
|
34
|
41
|
Above 4,800
|
32
|
39
|
Objectionable noises due to intermittence, frequency or shrillness
shall be muffled so as not to become a nuisance to adjacent uses.
|
At the specified points of measurement, the sound pressure level
of noise radiated continuously from a facility shall not exceed the
values given in Table A in any octave band of frequency. The sound
pressure level, shall be measured with a sound level meter and an
octave band analyzer that conform to specifications published by the
American Standards Association. (American Standard Sound Level Meters
for Measurement of Noise and Other Sound, 224.3-1944, American Standards
Association, Inc., New York, NY and American Standard Specification
for an Octave Band Filter Set for the Analysis of Noise and Other
Sounds, 224.10-1953, American Standards Association, Inc., New York,
NY, shall be used.)
|
(4)
Odor. No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 3 (Odor Thresholds) in Chapter
5 of the Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists Association, Inc., Washington DC. Where said publication gives a range of figures, a simple average of these shall be used.
(5)
Toxic gases. The emission of gases or fumes injurious to persons or property beyond the lot lines occupied by the use is prohibited. (Table 1, Industrial Hygiene Standards, Maximum Allowable Concentration, Chapter
5 of the Air Pollution Abatement Manual furnishes a list of toxic pollutants.)
(6)
Glare and heat. Glare and heat from arc welding, acetylene torch
cutting or similar processes shall be performed so as not to produce
glare which is visible, or objectionable heat, beyond the property
line of the lot which the operation is located. Direct glare from
incandescent exposed lights shall not be visible from adjoining streets
or properties.
(7)
Sewage. No discharge is permitted at any point in any private
sewage disposal system or stream or into the ground of any materials
in such a way or of such nature or temperature as could contaminate
any water supply, or otherwise cause the emission of dangerous objectionable
elements except in accordance with the standards as approved by water
pollution control boards or appropriate agencies of the departments
of health. Furthermore, no accumulation of solid wastes conductive
to the breeding of rodents or insects shall be permitted.
(8)
Vibration. Any use creating intense earth-shaking vibration
shall be set back at least 500 feet from the lot lines on all sides,
except for lot lines along or inside the heavy industrial district
where such setback shall not be required, but in no case shall any
such vibration be perceptible along the boundary line of any zoning
district other than the heavy industrial district.
(9)
Fire and safety.
(a)
All buildings containing uses involving burning materials of
any kind shall be of fireproof construction.
(b)
Incombustible to moderate burning materials permitted freely.
(c)
Free or active burning to intense burning materials must be:
[1]
Enclosed within incombustible walls.
[2]
Forty-foot setback or automatic sprinkler.
[3]
Flammable vapors at ordinary temperatures, prohibited.
(d)
This subsection shall not apply to the use of fuels if such
use is limited to storage, and movement of fuel is within appropriate
containers or pipes.
B. Uses prohibited.
[Amended 3-6-2017 by Ord.
No. 1-2017]
(1)
Residential subdivisions and development and the construction
of dwellings on existing lots zoned as industrial, except for dwellings
for watchman, caretaker or farm.
(2)
Schools and hospitals, except where incidental to a permitted
principal use.
C. Uses permitted with Board approval.
(1)
Solid waste disposal areas, subject to the requirements of §
231-619.
D. Uses permitted without Board approval.
[Added 3-6-2017 by Ord.
No. 1-2017]
(1)
Retail stores, retail business, used car sales and lots.
Uses permitted without Board approval.
A. Uses conforming to the following performance standards.
(1)
Smoke. The emission of gray smoke at a density greater than
No. 2 on the Ringelmann Chart published by the U.S. Bureau of
Mines (Power's Micro-Ringelmann Chart, McGraw Hill Publishing
Co., 1954, may be used) shall not be permitted, except gray smoke
of a shade not darker than No. 3 may be emitted for not more
than four minutes in any 30 minutes. These provisions, applicable
to gray smoke, shall also apply to visible smoke of a different color
but with equivalent apparent opacity.
(2)
Fly ash, soot and dust. The emission of particles from any flue
or smokestack shall not exceed 0.3 grain per cubic foot of flue gas
at a stack temperature of 500° F. and 50% excess air, and shall
not cause any damage to the health of people, animals, vegetation,
or other forms of property, or cause any excessive soiling. All walks,
driveways, and parking or outdoor storage areas shall be paved or
dust-proofed.
(3)
Noise. At no point on the boundary of a residence district,
or property line other than a residence district boundary, shall the
sound pressure level of any individual operation or plant (other than
background noises produced by sources not under the control of this
chapter, such as the operation of motor vehicles or other transportation
facilities) exceed the decibel levels in the designated octave bands
shown for the districts indicated.
Table A
|
---|
Octave Band Cycles Per Second
|
Maximum Permitted Sound Level in Decibels Along Residence District
Boundaries
|
Maximum Permitted Sound Level in Decibels Along Property Line
Other Than Residential District Boundary
|
---|
0 to 75
|
75
|
80
|
75 to 150
|
70
|
75
|
150 to 300
|
65
|
70
|
300 to 600
|
59
|
64
|
600 to 1,200
|
53
|
58
|
1,200 to 2,400
|
48
|
53
|
2,400 to 4,800
|
44
|
49
|
Above 4,800
|
41
|
46
|
Objectionable noises due to intermittence, beat, frequency or
shrillness shall be muffled so as not to become a nuisance to adjacent
uses. At the specified points of measurement, the sound pressure level
of noise radiated continuously from a facility shall not exceed the
values given in Table A in any octave band of frequency. The sound
pressure level shall be measured with a sound level meter and an octave
band analyzer that conform to specifications published by the American
Standards Association. (American Standard Sound Level Meters for Measurement
of Noise and Other Sound, 224.3-1944, American Standards Association,
Inc., New York, NY, and American Standard Specification for an Octave-Band
Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953,
American Standards Association, Inc., New York, NY, shall be used.)
|
(4)
Odor.
(a)
No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 3 (Odor Thresholds) in Chapter
5 of the Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists Association, Inc., Washington, DC. Where said publication gives a range of figures, the highest figures shall be used.
(b)
Tanneries, stockyards, glue factories, oil refineries, soap
factories, rubber manufacture, fertilizer manufacture, and similar
industries must present detailed plans for elimination of obnoxious
odors before a permit will be granted.
(5)
Toxic gases. The emission of gases or fumes injurious to persons or property beyond the lot occupied by the use is prohibited. (Table 1, Industrial Hygiene Standards, Maximum Allowable Concentration, Chapter
5 of the Air Pollution Abatement Manual furnishes a list of toxic pollutants.)
(6)
Glare and heat. Glare and heat from arc welding, acetylene torch
cutting or similar processes shall be performed so as not to produce
glare which is visible, or objectionable heat, beyond the property
line of the lot on which the operation is located. Direct glare from
incandescent exposed lights shall not be visible from adjoining streets
or properties.
(7)
Sewage. No discharge is permitted at any point in any private
sewage disposal system or stream or into the ground of any materials
in such a way or of such nature or temperature as could contaminate
any water supply, or otherwise cause the emission of dangerous objectionable
elements, except in accordance with the standards as approved by water
pollution control boards or appropriate agencies of the departments
of health. Furthermore, no accumulation of solid waste conductive
to the breeding of rodents or insects shall be permitted.
(8)
Vibration. Any use creating intense earth-shaking vibrations
shall be set back at least 500 feet from the boundary of a residence,
commercial or light industrial district, but in no case shall any
vibration be perceptible along the boundary of any district other
than along or in a heavy industrial district.
(9)
Fire and safety.
(a)
All buildings containing uses involving burning materials of
any kind shall be of fireproof construction.
[1]
Incumbustible to moderate burning materials permitted freely.
[2]
Free or active burning to intense burning materials.
[a] Enclosed within incombustible walls.
[b] Protected by automatic sprinkler.
[3]
Flammable vapors at ordinary temperatures permitted except within
600 feet of any other zoning district.
(b)
This subsection shall not apply to use of fuels if such use
is limited to storage, and movement of fuel is within appropriate
containers or pipes.
B. Permitted uses needing approval of the Hearing Board.
(1)
Uses which cannot conform to the performance standards of heavy
industrial districts. The Board shall require the applicant to make
all reasonable efforts to minimize the objectionable or harmful effects
involved, and may require distance provisions, locations downwind
of developed areas, larger lot sizes or any other provisions deemed
necessary in keeping with the public interest.
(3)
Solid waste disposal areas subject to the requirements of §
231-619.
C. Prohibited uses.
(1)
Residential subdivisions and developments and the construction
of dwellings on existing lots zoned as industrial, except for dwellings
for watchman, caretaker or farm.
(2)
Schools, hospitals, clinics or other institutions for human
care, except where incidental to a permitted use.
(3)
Any building for retail business or service, except where incidental
to a principal permitted use.