For the purpose of limiting the creation or effects of dangerous or objectionable elements incident to the use of land or buildings, certain specified nonresidential uses shall be subject to the performance standard limitations of this article. Dangerous and objectionable elements are disturbances which are hazardous, injurious, noxious or otherwise offensive by reason of fire, explosion, radioactivity or other hazard; noise or vibration; smoke, dust, odor, effluent discharge or other pollution; electrical or other disturbance; glare or flash; storage or discharge of waste or other material conducive to the breeding of insects, rodents or other vermin.

The following nonresidential uses shall not hereafter be established except in conformance with the performance standards of this article:

An application for a building permit and certificate of occupancy for a use subject to performance standards shall be accompanied by a plan of the proposed use, including a description of proposed machinery, operations and products, and specifications for devices and techniques to be used in restricting the emission of dangerous or objectionable elements, but no description of secret processes need be submitted. An affidavit signifying that the use applied for meets the standards of this article shall accompany the permit application.

On determination by the Building Inspector that the proposed use conforms to the applicable standards, he shall issue a permit, provided that all other requirements of this chapter have been met. If any reasonable doubt as to compliance with performance standards exists, the Building Inspector shall refer the application to the Board of Appeals for determination. The Board may employ expert consultants to investigate and report upon the proposed use and shall specify a time within which the report shall be received. A public hearing shall not be held until the report of the consultants has been received. Any reasonable cost of such investigation and report shall be paid by the applicant, and an estimate thereof shall be furnished before a consultant is retained by the Board.

Any use subject to performance standards shall conform to the following regulations as applicable.

Fire and explosion hazards. All activities and all storage areas for flammable and explosive materials shall be provided with adequate safety devices against the hazards of fire and explosion, and adequate fire-fighting and fire suppression equipment and devices shall be provided and maintained. Storage of explosives is prohibited.[1]

Radioactivity or electrical disturbance. No activities which emit dangerous radioactivity at any point shall be permitted. No electrical disturbance (except from domestic household appliances) adversely affecting the operation of any equipment other than that of the creator of such disturbance shall be used.

Smoke. No emission shall be allowed at any point, from any chimney or otherwise, of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines, except that visible gray smoke of a shade not darker than No. 2 on said chart may be emitted for not more than four (4) minutes in any thirty (30) minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an equivalent apparent opacity.

Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be allowed which can cause any damage to health, to animals or to vegetation or which can cause any excessive soiling at any point. In no event shall any emission, from any chimney or otherwise, of solid or liquid particles exceed concentrations of three-tenths (0.3) grains per cubic foot of the conveying gas or air at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees Fahrenheit (500° F.) and fifty (50%) percent excess air.

Liquid or solid wastes. No discharge shall be made at any point into any private sewage disposal system, stream or waterway or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or swimming area or otherwise cause the emission of dangerous or objectionable elements, except in accordance with standards approved by the Suffolk County Department of Health or Suffolk County Sewer Agency, or both, or in the event neither agency has jurisdiction over the particular use involved, then standards equivalent to those approved by either agency, or both, for similar uses shall apply. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be allowed.

Vibration. No vibration at any time shall produce an acceleration of more than one-tenth gravity (0.1g) or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any structure. The methods and equations to said Bulletin No. 442 shall be used to compute all values for the enforcement of this article.

Noise. At the specified points of measurement, the sound-pressure level of noise radiated continuously from an establishment at nighttime shall not exceed the values given in the table below 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.

Odors. No emission of odorous gases or other odorous matter shall be made in such quantities as to be offensive at the specified points of measurement. 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 III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.

Glare. No direct or sky-reflected glare, whether from artificial lighting or from high-temperature processes such as combustion or welding or otherwise, shall be generated so as to be visible at the specified points of measurement.