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Kouts City Zoning Code

PERFORMANCE STANDARDS

IN INDUSTRIAL DISTRICTS

§ 154.350 GENERAL.

   (A)   Any use established in the Light Industrial (L.I.) and General Industrial (G.I.) Districts after the effective date of this chapter shall be so operated as to comply with the performance standards governing:
      (1)   Noise;
      (2)   Vibration;
      (3)   Smoke and particulate matter;
      (4)   Toxic matter;
      (5)   Noxious and odorous matter;
      (6)   Fire and explosive hazards; and
      (7)   Glare and heat, set forth hereinafter for the Zoning District in which such use shall be located.
   (B)   No use already established shall conflict with, or further conflict with, the applicable performance standards established hereinafter for the Zoning District in which such use is located.
(Ord. 1995-12, passed 7-6-95)

§ 154.351 NOISE.

   (A)   Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the IOSHA. The flat network and the slow meter response shall be used. Sounds of short duration, as from forge hammers, punch presses and the like which cannot be measured accurately with the sound level meter shall be measured with the impact noise analyzer, as manufactured by the General Radio Company or its equivalent, in order to determine the peak value of the impact. For sounds so measured, the peak values shall not exceed by six decibels the values given in division (B) of this section.
   (B)   At no point on the boundary of a Residence, Commercial or Light Industrial (L.I.) District shall the sound pressure level of any operation or plant (other than background noises not directly under the control of the manufacturer) exceed the decibel limits in the octave bands designated below.
(L.I.) (G.I.) Zoning Districts
Octave Band Frequency (Cycles per Second)
Residential Zoning District Boundaries
Commercial Zoning District Boundaries
(L.I.) (G.I.) Zoning Districts
Octave Band Frequency (Cycles per Second)
Residential Zoning District Boundaries
Commercial Zoning District Boundaries
.0 to 75
72
79
75 to 150
67
74
150 to 300
59
66
300 to 600
52
59
600 to 1,200
46
53
1,200 to 2,400
40
47
2, 400 to 4, 800
34
41
Over 4,800
32
39
 
(Ord. 1995-12, passed 7-6-95)

§ 154.352 VIBRATIONS.

   No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground transmitted vibrations in excess of the limits set forth below. Vibrations shall be measured at any point along a Residential Zoning District boundary line with a three- component measuring instrument approved by nationally recognized standards and shall be expressed as displacement in inches.
 
Maximum Permitted Displacement
L.I. and G.I. Districts
Frequency (Cycles
Along Residence District Boundaries
Along Residence District Boundaries
0 to 10
.0004
.0008
10 to 20
.0002
.0005
20 to 30
.0001
.0002
30 to 40
.0001
.0002
40 and over
.0001
.0001
 
(Ord. 1995-12, passed 7-6-95)

§ 154.353 SMOKE AND PARTICULATE MATTER.

   (A)   Any use already established on the effective date of this chapter shall be permitted to be altered, enlarged, expanded or modified, provided that new sources of smoke and/or particulate matter conform to the performance standards established hereinafter for the Zoning District in which such use is located. The total emission particulate matter from all sources within the boundaries of the lot shall not exceed the net amount permitted in the Zoning District in which the use is located after such alteration, enlargement, expansion or modification.
   (B)   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 emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann Chart is prohibited at all times, except as otherwise provided hereinafter.
   (C)   The emission from all sources within any lot area of particulate matter containing more than 5% by weight of particles having a particle diameter larger than 44 microns is prohibited.
   (D)   Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and so forth within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified hereinafter for the zoning district in which such use shall be located is prohibited. The Ringelmann Chart is adopted by reference and three copies of the Chart are on file in the office of the Town Clerk-Treasurer.
   (E)   In the Light Industrial (L.I.) Zoning District, the following additional regulations shall apply:
      (1)   The emission of more than 12 smoke units per stack in any 30 minute period is prohibited, including smoke in excess of Ringelmann No. 2.
However, once during any three hour period, each stack shall be permitted up to 20 smoke units (not to exceed Ringelmann No. 3) in 30 minutes for soot blowing and fire;
      (2)   The rate of particulate matter emission from all sources within the boundaries of any lot shall not exceed a net figure of one point per acre of lot area during any one hour period after deducting from the gross hourly emission per acre the correction set forth in the following table:
   Allowance for Height of Emission*
   Height of Emission       Correction
   Above Grade (Feet)     Pounds per Hour
                   per Acre
      50                0.01
      100             0.06
      150             0.10
      200             0.16
      300             0.30
      400             0.50
   *Interpolate for intermediate values not shown in table
      (3)   Determination of the total net rate of emission of particulate matter within the lot boundaries of any lot 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 lot area, thereby obtaining the gross hourly rate of emission in pounds per acre;
         (b)   From each gross hourly rate of emission derived in the above item, deduct the correction factor (interpolating as required) for height of emission set forth in the table thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission;
         (c)   Add together the individual net rates of emission derived in the above item to obtain the total net rate of emission from all sources of emission within the boundaries of the lot; such total shall not exceed one pound per acre of lot area during any one hour.
   (F)   In the General Industrial (G.I.) Zoning District, the following additional regulations shall apply:
      (1)   The emission of more than 16 smoke units per stack in any 30 minute period is prohibited, including smoke in excess of Ringelmann No. 2. However, once during any two hour period, each stack shall be permitted up to 24 smoke units (not to exceed Ringelmann No. 3) in 30 minutes for soot blowing and fire cleaning.
      (2)   The rate of particulate matter emission from all sources within the boundaries of any lot shall not exceed a net figure of eight pounds per acre during any one hour after deducting from the gross hourly emission per acre the correction factor set forth in the following table:
 
Allowance for Height of Emission*
Height of Emission Above Grade (Feet)
Correction Pounds per Hour per Acre
50
0.0
100
0.5
150
1.5
200
2.4
300
4.0
 
*Interpolate for intermediate values not shown in table.
      (3)   Determination of the total net rate of emission of particulate matter within the boundaries of any lot 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 lot area, thereby obtaining the gross hourly rate of emission in pounds per acre;
         (b)   From each gross hourly rate of emission derived in the above item, deduct the correction factor (interpolating as required) for height of emission set forth in the table, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission;
         (c)   Add together the individual net rate of emission derived in the above item to obtain the total net rate of emission from all sources of emission within the boundaries of the lot; such total shall not exceed four pounds per acre of lot area during any one hour.
(Ord. 1995-12, passed 7-6-95)

§ 154.354 TOXIC MATTER.

   No activity or operation shall cause, at any time, the discharge of toxic or noxious matter across lot lines 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.
(Ord. 1995-12, passed 7-6-95)

§ 154.355 NOXIOUS AND ODOROUS MATTER.

   (A)   Light Industrial (L.I.) Zoning Districts. No activity or operations shall cause at any time the discharge of matter across lot lines in such concentration as to be noxious. The emission of odorous matter in such quantities as to be readily detectable as an odor at any point along a lot line is prohibited.
   (B)   General Industrial (G.I.) Zoning Districts. No activity or operations shall cause at any time the discharge of matter across lot lines in such concentration as to be noxious. The emission of matter in such quantities as to be readily detectable as an odor at any point along a district boundary line when diluted in ratio of one volume of odorous air to four volumes of clean air is prohibited.
(Ord. 1995-12, passed 7-6-95)

§ 154.356 FIRE AND EXPLOSIVE HAZARDS.

   (A)   Activities involving the manufacture of materials or products which decompose by detonation are permitted only in the G.I. Zoning District and then only when specifically licensed by the Town Board.
   (B)   The manufacture, utilization or storage of pyrophoric and explosive dusts shall be in accordance with the safety codes of the National Fire Protection Association. Such dusts include, but are not limited to: aluminum, bronze or magnesium powder; powdered coal; powdered plastics; flour and feed; spices; starches; sugar; cocoa; sulphur: grain (storage); and wood flour.
   (C)   In the Light Industrial (L.I.) Zoning District, the following additional regulations shall apply:
      (1)   The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted;
      (2)   The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided the following condition is met: the materials shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system; or said materials may be stored outdoors in conformance with the regulations of the Town Fire Code and the rules and regulations of the State of Indiana, Department of Fire Prevention.
   (D)   In the General Industrial (G.I.) Zoning District, the following additional regulations shall apply:
      (1)   The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning are permitted, subject to the regulations of the Town Fire Code and the rules and regulations of the State of Indiana, Department of Fire Prevention;
      (2)   The storage and utilization of flammable liquids or materials which produce flammable or explosive vapors or gases, exclusive of storage of finished products in original sealed containers which shall be unrestricted, shall be permitted on a lot in accordance with the following table:
Total Capacity of Flammable Materials*
Permitted in Gallons
 
Industries Engaged in Storage and Distribution
Above Ground   
Under Ground
Materials having a closed cup flash point over 187°F
100,000
400,000
From and including 105°F to and including 187°F
40,000
200,000
Materials having a closed cup flash point of less than 105°F
10,000
100,000
 
   * When flammable gases are stored and utilized and measured in cubic feet, the quantity in cubic feet (as STP) permitted shall not exceed 300 times the quantities as listed on the above table.
 
Industries Engaged in Utilization of Flammable Materials
Above Ground   
Under Ground
Materials having a closed cup flash point over 187°F
50,000
200,000
From and including 105°F to and including 187°F
20,000
100,000
Materials having a closed cup flash point of less than 105°F
5,000
50,000
 
(Ord. 1995-12, passed 7-6-95)

§ 154.357 GLARE AND HEAT.

   Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light from operations producing intense glare or heat shall be shielded so as not to create a nuisance across lot lines.
(Ord. 1995-12, passed 7-6-95)