It is the intent of this chapter to provide that commercial, research and related activities, and industrial activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties by the control of emission of noise, odor, glare, vibration, smoke, dust, liquid wastes, and other nuisances.

The architectural and engineering plans shall bear the signature and seal of the appropriate qualified professional and the certification that all performance standards will be complied with based upon the submitted plans and documents. The city reserves the right to conduct its own investigation to determine compliance with the performance standards. (Ord. 0-03-00, 4-3-2000)

The performance standards set forth in section 5A-12-4 of this chapter shall be complied with and any use which fails to comply with these standards shall be in violation of this code and be subject to penalties provided for such violation. It shall be deemed a violation of this chapter for any qualified professional to falsely certify as to the compliance of submitted plans and documents with the performance standards specified herein. (Ord. 0-03-00, 4-3-2000)

Each measurable standard shall be measured at the appropriate indicated location. (Ord. 0-03-00, 4-3-2000)

At no point on the property line on which the operation is located shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation vehicles) exceed the decibel levels in the designated octave bands as hereinafter shown in the following table:

MAXIMUM PERMITTED SOUND LEVEL (DECIBELS)

 

Noise testing is to be accomplished at the property line of the noise emitting source, with an octave band analyzer operated by an independently employed person, trained, and skilled in the operation of this equipment. (Ord. 0-35-13, 12-2-2013)

The emission of odorous matter in such quantities as to be readily detectable at any point along a property line or which is unwholesome, offensive, harmful, or injurious to the public health, comfort, or welfare is prohibited. The measurement of the threshold odor shall be in accordance with the American Society for Testing and Materials Method D1391-57 "Standard Method for Measurement of Odor in Atmosphere (Dilution Method)" (Philadelphia: American Society of Testing and Materials, 1957). Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit. A minimum of seven (7) persons shall serve on the panel involved in this testing. (Ord. 0-03-00, 4-3-2000)

Any operation producing intense glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard along any property line. Exposed sources of light shall be controlled so that direct or indirect illumination from any source within the property line shall not cause illumination in excess of three (3) foot-candles in residential areas. The measurement of glare or light shall be made at the property line using a light meter operated by a trained operator through an independent testing agency. Any lights used for exterior illumination shall be planned, erected, and maintained to direct light away from adjoining properties or public rights of way.

   (A)   Lighting: Exterior lighting proposed for use on the site shall be planned, erected, and maintained so the light is confined to the property and will not cast direct glare or light upon adjacent properties or public rights of way. (Ord. 0-03-00, 4-3-2000)

Any operation or activity shall not cause earthborne vibrations in excess of the values stipulated below. Column A shall apply at or beyond the property line; column B shall apply at or beyond a residence district boundary line. Vibration shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system:

 

 

Impact vibrations, that are discrete pulses that do not exceed one hundred (100) impulses per minute, shall not cause in excess of twice the displacement values above.

Any use or portion thereof creating intense earth-shaking vibrations such as are caused by heavy drop forges or heavy hydraulic surges, shall be set back at least five hundred feet (500') from all property lines. (Ord. 0-03-00, 4-3-2000)

In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to endanger or be detrimental to the public health, safety, comfort, or welfare is hereby declared to be a public nuisance.

For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The evaluation of smoke by the Ringelmann Chart must be accomplished by a State of Illinois Certified Smoke Reader. Particulate matter size shall be determined by measurement through a 325-mesh sieve which will, in fact, accumulate all +44 micron particles and prove helpful in the measurement process. The emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann Chart is prohibited, except as otherwise provided herein.

The emission from all sources within any property of particulate matter containing more than ten percent (10%) by weight of particles having a particulate diameter larger than forty four (44) microns is prohibited. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within property boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation herein specified is hereby prohibited.

The emission of more than ten (10) smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann No. 2. However, during one 1-hour period in each day, each stack may emit up to twenty (20) smoke units when blowing soot or cleaning fires. Only during fire cleaning periods, however, shall smoke of Ringelmann No. 3 be permitted, and then for not more than four (4) minutes.

The rate of emission of particulate matter from all sources within the boundaries of any property shall not exceed a net figure of one pound per acre during any one hour, after deducting from the gross hourly emission per acre the corrective factors set forth in the following tables for height, velocity and temperature of emission, respectively.

Determination of the total net rate of emission of particulate matter within the boundaries of any property shall be made as follows:

   (A)   Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of property area, thereby obtaining the gross hourly rate of emission in pounds per acre.

   (B)   From each gross hourly rate of emission derived in subsection (A) of this Section, deduct the appropriate correction factor (interpolating as required) for height, velocity and temperature of emission set forth in the following corresponding tables, thereby obtaining the net rate of emission from all sources of emission within the boundaries of the property. Such total shall not exceed one pound per acre of property area during any one hour:

ALLOWANCE FOR HEIGHT OF EMISSION1

 

ALLOWANCE FOR VELOCITY OF EMISSION1

 

ALLOWANCE FOR TEMPERATURES OF EMISSION1

 

NOTE TO TABLES:

   1.   Interpolate for intermediate value not shown in table.

(Ord. 0-03-00, 4-3-2000)

No use shall, for any period of time, discharge across the boundaries of the property wherein it is located gases, toxic or noxious matter in such concentrations as to endanger or be detrimental to the public health, safety, comfort or welfare or cause injury or damage to property or business. Detailed plans for the elimination of fumes or gases shall be required before the issuance of a building permit. (Ord. 0-03-00, 4-3-2000)

The manufacture, storage, processing, and use in any manner of all materials shall be done in accordance with the Darien building code and in conformity with the National Fire Protection Association's National Fire Codes; the Building Officials and Code Administrators International, Inc.'s Building, Mechanical, and Fire Prevention Codes; State and Federal Departments of Transportation; and all other applicable local, State, and Federal standards.

The manufacture, storage, processing, and use in any manner of a material that exceeds any or all of the following criteria as determined by Standard 325M Fire Hazard Properties of Flammable Liquids, Gases, and Volatile Solids of the National Fire Protection Association's National Fire Codes is prohibited:

   (A)   If the degree of health hazard is rated greater than three (3).

   (B)   If the degree of reactivity is rated greater than one.

   (C)   If the sum of the health hazard, flammability, and reactivity classifications is greater than seven (7).

If a material is not evaluated by the above standard, it shall not be assumed that it is approved. The material in question shall be evaluated on the basis of its physical and chemical properties. Certification by an independent testing laboratory may be required. (Ord. 0-03-00, 4-3-2000)

It shall be unlawful for any person to install, erect, construct, reconstruct, alter or add to, or cause to be installed, erected, constructed, reconstructed, altered or added to, any fuel burning, combustion or process equipment or device or any equipment pertaining thereto, or any stack or chimney connected therewith, within the City excepting domestic heating plants, domestic refuse-burning equipment, locomotives and internal combustion engines, in the City, until there has been filed in duplicate by the owner, contractor, installer or other person, or his agent with the City, an application for a permit accompanied by a complete listing of emissions into the atmosphere that result from the operation of the aforesaid equipment or processes, both as to kind and quantity and, in addition thereto a listing of the type and capacity of the equipment used for the collection, absorption, or suppression of each and an estimate of its efficiency, and until a permit therefor has been granted by the Corporate Authorities of the City. Said submitted register of pollutants shall be accompanied by an affidavit of a qualified person stating that it is complete and correct and that the proper operation of the plant or process, as designed, will not result in any violation of this title. Businesses in the O, OR&I, and I-1 Districts that apply for a business license shall certify that they will not store, utilize, process, or manufacture hazardous chemicals in quantities subject to the tier II reporting requirements as defined by USEPA, except for the utilization of lead-acid batteries to power heavy duty equipment such as forklifts. Any business that has a hazardous chemical release or violation of Federal, State, or local regulations shall notify the City immediately. (Ord. 0-13-19, 4-1-2019)

All sewage and industrial wastes shall be treated and disposed of in such manner as to comply with the water quality standards applicable to the classification assigned to the receiving waters by the City, the State of Illinois, and the United States Environmental Protection Agency. Approval by the Illinois Environmental Protection Agency of all plans for waste disposal facilities shall be required before issuance of any building permit. (Ord. 0-03-00, 4-3-2000)