Coventry City Zoning Code
ARTICLE VII
Industrial Performance Standards
§ 255-700 Purpose.
The purpose of this article is to provide performance standards for the control of industrial uses. These standards are designed to prevent public health and safety hazards, public nuisances and harmful environmental impacts; to permit potential industrial nuisances to be measured factually and objectively; and to ensure that all industrial uses will provide methods to protect the Town from hazard which can be prevented by processes of control and elimination.
§ 255-710 Application of standards.
A.
The provisions of this article shall apply to any industrial uses located within the I1 and I2 Industrial Zoning Districts in Coventry or those preexisting nonconforming uses in any other zoning district. If any existing use, process, building or other structure is extended, enlarged, moved, structurally altered or reconstructed, or any existing use of land is modified in any way, these performance standards shall become applicable.
B.
Performance standards shall be measured at the lot line at a point nearest the use or process being measured.
C.
Industrial uses shall comply with all applicable zoning requirements. Property and buildings shall be designed and laid out to minimize adverse impacts on adjacent property by establishing adequate buffers and screening the use through such features as landscaping, fences, and plantings; suitably located points of traffic ingress/egress; and areas for loading and parking, which shall be screened and landscaped. (See Articles XII and XVII).
D.
If any local standards differ from state or federal standards, the more stringent or restrictive standards shall apply.
§ 255-720 Administration of performance standards.
A.
Before issuing a building permit for an industrial use, the Building Inspector or Zoning Enforcement Officer shall certify any proposed use, alteration or change to an existing use, compliance of an existing use, whether permitted or nonconforming, for compliance with this article. Before certifying compliance, the Building Inspector or Zoning Enforcement Officer may consult with the Town Engineer, Planner, or Fire Chief.
B.
Issuance of a building permit shall constitute certification of compliance with the performance standards of this article. Any modifications or alterations of the industrial use as permitted shall be reviewed by the Building Inspector or Zoning Enforcement Officer.
§ 255-730 Plans and specifications.
A.
In order to determine the probable compliance of a proposed use with this article, the Building Inspector or Zoning Enforcement Officer shall require the applicant to submit:
(1)
Plans of existing or proposed construction and development;
(2)
Descriptions of existing or proposed machinery and products;
(3)
Specifications for the mechanisms and techniques used or proposed to be used to adhere to these standards;
(4)
Measurements of the amount or rate of emissions of the items referred to in these standards for existing industrial uses of the applicant;
(5)
Certification by a registered professional engineer that the proposed use shall comply with these standards;
(6)
An affidavit from the applicant acknowledging an understanding of these standards and a continuing agreement to comply with them.
(7)
Demonstration of compliance with all other applicable articles of this chapter.
B.
The applicant shall also submit a copy of the development plan review application and plans to the Building Inspector or Zoning Enforcement Officer.
C.
Failure to submit any data required by the Building Inspector or Zoning Enforcement Officer shall constitute grounds for denying a permit.
§ 255-740 Report by expert consultants.
In the investigation of the compliance with these standards by any existing or proposed use, the Building Inspector or Zoning Enforcement Officer may require the owner or operator to provide a study and report by an expert consultant as to the compliance with these standards and, if necessary, advise as to how such existing or proposed use can be brought into compliance with these standards.
§ 255-750 Required alterations.
The Building Inspector or Zoning Enforcement Officer may require modifications or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards will be maintained. The owner or operator shall be given a reasonable length of time to effect any changes prescribed by the Building Inspector or Zoning Enforcement Officer for the purpose of securing compliance with the performance standards.
§ 255-760 Continued enforcement.
The Building Inspector or Zoning Enforcement Officer shall investigate any purported violation of these standards and, for such investigation, may request that qualified experts be employed if a violation is found to occur or exist. The owner or operator of the industrial use shall be notified of a violation of these standards by certified mail. The notice shall direct the owner or operator to bring the violating facility or industrial use into compliance with these standards within a stated time period determined by the Building Inspector or Zoning Enforcement Officer. The notice shall state that upon continuation of the violation beyond the stated time period, any costs associated with monitoring the operation, including the costs of hiring qualified experts, shall be paid by the violator.
§ 255-770 Cancellation of permits.
If, after receipt of notice of violation pursuant to § 255-760, and after the expiration of time provided to bring the violating industry into compliance with these performance standards, the Building Inspector or Zoning Enforcement Officer finds that the violation persists, any permits previously issued shall be void and the owner or operator shall be required to cease operation until such time as the Building Inspector or Zoning Enforcement Officer determines that the violation is remedied and these performance standards are met.
§ 255-780 Appeals.
Appeals of the decisions of the Building Inspector or Zoning Enforcement Officer concerning the performance standards shall be made according to § 255-410B of this chapter.
§ 255-790 Performance standards for noise.
B.
Sound pressure levels shall be measured with a sound-level meter that conforms with the American Standards Specifications for Sound Level Meters for measurement of Noise and Other Sounds, and with an octave bank filter and analyzer that conforms to the American Standard Specifications for an Octave Bank Filter Set for the Analysis of Noise and Other Sounds, Z 24.10-1953.
C.
Traffic, aircraft, and other background noises shall not be considered in measuring noise levels except when the background noise is part of the noise being measured.
D.
Maximum permissible sound-pressure levels, nighttime operation.
Table 7-1 | |||
|---|---|---|---|
Pre-1960 Octave Band Frequency (Cycles per Second) Decibels | Preferred Frequency Octave Band Center Frequency (Cycles per Second) Decibels | ||
0 to 75 | 72 | 21.5 | 76 |
75 to 100 | 67 | 63 | 71 |
150 to 300 | 59 | 125 | 65 |
300 to 600 | 52 | 250 | 57 |
600 to 1,200 | 46 | 500 | 50 |
1,200 to 2,400 | 40 | 1,000 | 45 |
2,400 to 4,800 | 34 | 2,000 | 39 |
Above 4,800 | 32 | 4,000 | 34 |
E.
Maximum permitted sound-pressure levels daytime operation.
Table 7-2 | |||
|---|---|---|---|
Pre-1960 Octave Bands Octave Frequency (Cycles per Second) Decibels | Preferred Frequency Octave Bands Octave Band Center Frequency (Cycles per Second) Decibels | ||
0 to 75 | 77 | 21.5 | 81 |
75 to 150 | 72 | 63 | 76 |
150 to 300 | 64 | 125 | 70 |
300 to 600 | 57 | 250 | 62 |
600 to 1,200 | 51 | 500 | 55 |
1,200 to 2,400 | 45 | 1,000 | 50 |
2,400 to 4,800 | 39 | 2,000 | 44 |
Above 4,800 | 37 | 4,000 | 39 |
F.
Pressure levels, impulsive noises and periodic noise.
Table 7-3 | |||
|---|---|---|---|
Pre-1960 Octave Bands Octave Band Frequency (Cycles per Second) Decibels | Preferred Frequency Octave Bands Octave Band Center Frequency (cycles per Second) Decibels | ||
0 to 75 | 67 | 21.5 | 71 |
75 to 150 | 62 | 63 | 66 |
150 to 300 | 54 | 125 | 60 |
300 to 600 | 47 | 250 | 52 |
600 to 1,200 | 41 | 500 | 45 |
1,200 to 2,400 | 35 | 1,000 | 40 |
2,400 to 4,800 | 29 | 2,000 | 34 |
Above 4,800 | 27 | 4,000 | 29 |
G.
Maximum permitted sound-pressure levels, noncontinuous operation. For noncontinuous operation of noise sources, the following adjustments shall be made to the decibel levels specified in § 255-7100D through F to determine the appropriate maximum permissible sound-pressure level.
§ 255-7100 Performance standards for vibrations.
A.
Ground-transmitted vibration shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency, particle velocity, or acceleration simultaneously in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. Particle velocity may be measured directly or computed from the following formula:
displacement x frequency | Particle Velocity = 6.28 x | |
(inches per second) (inches) | (Hertz) |
B.
Vibration shall be measured at any adjacent lot line or zone boundary.
C.
Steady-state vibrations are continuous vibrations or discrete vibrations which have greater than 60 impulses per minute.
D.
Impact vibrations are noncontinuous vibrations with fewer than 60 impulses per minute.
§ 255-7110 Performance standards for smoke and particulate matter.
All existing and proposed industrial uses emitting smoke or particulate matter shall comply with the standards established by the Rhode Island Department of Environmental Management.
§ 255-7120 Performance standards for odorous matter.
Existing and proposed industrial uses shall not emit odor in a concentration readily detectable above ambient levels at lot lines without instruments.
§ 255-7130 Performance standards for glare.
Existing and proposed industrial uses shall not produce direct or indirect glare so as to cause illumination in excess of 0.50 foot-candles when measured from an adjacent residential district or public highway.
§ 255-7140 Performance standards for heat.
Existing and proposed industrial uses shall not emit heat in quantities discernible above ambient levels at the lot lines without instruments.
§ 255-7150 Performance standards for airborne toxics, gases, and fumes.
A.
No industrial use for any period of time shall discharge across the boundaries of the lot wherein it is located toxic matter 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.
B.
Existing and proposed industrial uses shall comply with the ambient air quality standards governing the release of airborne toxics, gases and fumes for the State of Rhode Island as set forth by the Rhode Island Clean Air Act, R.I.G.L., 23-23, and by regulations of the Rhode Island Department of Environmental Management.
C.
Airborne toxics shall be measured at the lot line at ground level or at habitable elevations, and shall be the average of any twenty-four-hour sampling period.
§ 255-7160 Performance standards for sewage and water-borne wastes.
A.
No discharge shall occur at any point into any public or private sewage disposal systems or streams, or into the ground, of any liquid or solid materials, except in accordance with the regulations of the Rhode Island Department of Environmental Management, and the United States Environmental Protection Agency.
B.
For subsurface wastewater disposal systems, existing and proposed industrial uses shall receive the approval of the Rhode Island Department of Environmental Management for the design, installation and operation of all subsurface wastewater disposal systems prior to receiving a building permit.
C.
For surface water body discharges, existing and proposed industrial uses shall obtain a National Pollutant Discharge Elimination System (NPDES) permit from the United States Environmental Protection Agency or the Rhode Island Department of Environmental Management prior to receiving a building permit.
D.
All industrial uses shall provide information to the Planning Commission pursuant to Article XVI concerning the management of wastewater, sewage, and stormwater.
E.
All industrial uses shall develop a stormwater management plan which is approved by the Planning Commission prior to receiving a building permit. The management plan shall specify how the industrial use will prevent the mixing of industrial wastes, oils, and greases with stormwater runoff; low stormwater runoff from parking lots will be arranged; and low stormwater runoff will be collected and discharged.
§ 255-7170 Performance standards for radioactive materials.
Industrial uses shall comply with the regulations of the United States Nuclear Regulatory Commission and the Rhode Island Department of Environmental Health governing the handling of radioactive materials, the discharge of radioactive materials to air or water, and the disposal of radioactive waste.
§ 255-7180 Performance standards for fire and explosive hazards.
The use, storage, and manufacture of flammable or explosive materials shall receive the approval of the Rhode Island State Fire Marshal prior to receiving a building permit. Adequate safety, fire-fighting and fire suppression devices shall be provided according to standard industry practices.
§ 255-7190 Performance standards for hazardous materials.
A.
All hazardous materials used, created, stored above or below ground, processed, disposed of by processing, diluting, burying or containment, leaching or any other manner, or transported (including piping) in the Town shall be used, stored or transported in accord with all applicable federal, state, and local regulations, and shall be subject to a special use permit granted in accordance with § 255-430.
B.
If any hazardous material is used, stored, transported or disposed of at the site, the following standards shall apply:
(1)
Facilities with a capacity in excess of 1,000 gallons shall be located more than 500 feet from all abutting property lines and more than 100 feet from any building or structure.
(2)
Facilities with a capacity of 1,000 gallons or less shall be located more than 200 feet from all abutting property lines and more than 100 feet from any building or structure.
(3)
Any underground storage for a nonresidential, nonfarming use shall be by a vaulted tank or tanks.
(4)
Prior to granting a special use permit for such an industrial use, the Commission shall find that the use of the site will not endanger the safety of residential or other properties in the area, that vehicular access to the facility will be provided from major thoroughfares and will not require the use of minor residential access streets for access to the site.
(5)
An emergency plan shall be prepared by the applicant detailing procedures, techniques, and equipment for fire fighting; location, type, and volume of hazardous materials found on-site; evacuation and warning in case of emergency; and shall be submitted to the Building Inspector, and the local Fire Chief, along with site plans and building plans prior to the negotiation of a siting agreement.
(6)
Siting standards for such facilities shall be complied with as stated in § 255-930E.