Coal City City Zoning Code
ARTICLE X
Performance Standards
§ 156-205 Purpose.
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.
§ 156-206 Applicability.
[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.
§ 156-207 Noise.
[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.
§ 156-208 Vibration.
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.
§ 156-209 Smoke.
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.
§ 156-210 Particulate matter.
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.
§ 156-211 Toxic matter.
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.
§ 156-212 Odor.
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.
§ 156-213 Fire and explosion.
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.
§ 156-214 Glare.
No operation shall produce direct or indirect illumination greater than 0.5 footcandle in any residential district.
§ 156-215 Heat.
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.
§ 156-216 Radioactive matter.
[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.
§ 156-217 Administration.
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.