(A)   To provide that business, utilities, light industry, research and related activities shall be established and maintained with proper appearance from streets and adjoining properties.

   (B)   To provide that each permitted or special use shall be a good neighbor to adjoining properties by the control of emission of noise, odor, glare, light, vibration, smoke, particulate matter, gases, wastes and other hazards.

   (C)   To state the conditions of construction and operation with which uses will be expected to comply. (Ord. 99-06, 6-21-1999)

   (A)   Performance Standards Procedure:

      1.   Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement filed by the owner of subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.

In many cases, the relation of a prospective use to all these performance standards cannot be judged properly at the time of building permit issuance. In such cases, the recipient of the building permit should note that these standards, like all other provisions of this title, are continuing obligations and that all uses shall be expected to operate in compliance with these standards. The building plans shall bear the signature of a qualified professional stating that all performance standards will be complied with based upon the submitted building plans. The village retains the option to conduct its own investigation to determine compliance with the performance standards.

      2.   Continued compliance with performance standards is required and enforcement of continued compliance with these performance standards shall be enforced by the code enforcement officer.

      3.   The code enforcement officer shall investigate any purported violation of performance standards and, if there is reasonable grounds for the same, shall notify the village board of the occurrence or existence of a probable violation thereof. If after investigation, the code enforcement officer finds that a violation occurred or exists, such violation shall be terminated as provided in subsection (A)4 of this section.

      4.   All violations, as ascertained through investigation, shall be terminated within thirty (30) days of the decision of the code enforcement officer or shall be deemed a separate violation for each day following and subject to fines as set forth herein, except that certain uses established before the effective date of these regulations and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by the code enforcement officer. Any violation which presents an emergency to person or property shall be dealt with immediately in a manner determined by emergency personnel.

   (B)   Regulation Of Nuisance Elements:

      1.   No land or building in any I-1 or I-2 district which shall be used, occupied or operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable, fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other substance, condition or element in such amount as to adversely affect the surrounding area or premises at the specified point or points of the determination.

      2.   The determination of the existence of any dangerous and objectionable elements shall be made at:

         (a)   The point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution.

         (b)   At or beyond the property lines of the use creating such elements for noise, for vibration, for glare, and for odors, wherever the effect is greatest. (Ord. 99-06, 6-21-1999)

Each measurable standard shall be measured at the appropriate indicated location in accordance with the provisions of section 9-9C-4 of this article. (Ord. 99-06, 6-21-1999)

   (A)   Fire And Explosion Hazards: All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulations shall also apply.

   (B)   Radioactivity Or Electrical Disturbance: No activities shall be permitted which cause radioactivity in violation of the code of federal regulations, "standards for protection against radiation", the most current revision or amendment thereto.

No activities shall be permitted which emit dangerous electrical disturbances adversely affecting the operation of any equipment. All applicable federal regulations shall be complied with.

   (C)   Noise: Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness, or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility shall not exceed the value given in tables 1 and 2 of this subsection (C) of any octave band 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. Octave band analyzers shall be calibrated in the preferred frequencies (American Standards Association S1.6-1967). Preferred frequencies for acoustical measurements shall be used.

 

If the noise is not smooth and continuous, one or more of the corrections in table 2 shall be added to or subtracted from each of the decibel levels given in table 1.

 

      1.   Apply one of these corrections only.

   (D)   Odors: No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the lot from which they are emitted. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit.

   (E)   Glare: Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line. Any operation or activity producing glare shall be performed within a completely enclosed building and be conducted so that direct and indirect illumination from the source of light on the lot shall not cause illumination in excess of one-half (1/2) foot-candle when measured at the lot line. Exposed sources of light shall be shielded and intense sources of light shall be controlled so as not to cause a nuisance across lot lines.

   (F)   Exterior Lighting: Any lights used for exterior illumination shall direct light away from adjoining properties.

   (G)   Heat: Any operation producing intense 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.

   (H)   Vibration: No vibration shall be permitted which is detectable without instruments at any property line of the lot.

   (I)   Smoke: Measurement shall be made at of the point of emission. The Ringelmann smoke chart published by the United States bureau of mines shall be used for the measurement of smoke. Smoke no darker or more opaque than no. 0 on said chart may be emitted except that smoke not darker or more opaque than no. 1 on said chart may be emitted for periods not longer 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.

   (J)   Particulate Matter: Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.1 grains per cubic foot of the conveying gas or air. 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 percent (50%) excess air.

   (K)   Gases: Fumes or gases shall not be emitted at any point in concentrations or amounts that are noxious, toxic, or corrosive. Detailed plans for the elimination of fumes or gases may be required before the issuance of a building permit.

   (L)   Other Forms Of Pollution: No emission of fly ash, dust, fumes, vapors, gases or any other forms of air, earth or water pollution shall be permitted which can cause any damage to health, to animal, vegetation, or other forms of property, or which can cause any excessive soiling. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business, shall be permitted.

   (M)   Hazard: Any operation allowed in articles A and B of this chapter shall be carried on with reasonable precautions against fire and explosion hazards.

   (N)   Waste: 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 village, the state of Illinois, and the USEPA. Approval of the Illinois environmental protection agency of all plans for waste disposal facilities shall be required before issuance of any building permit. (Ord. 99-06, 6-21-1999)

   (A)   Should the code enforcement officer determine that the proposed or current use violates or may violate the performance standards as set forth herein, an investigation shall be initiated. The property owner shall provide information as requested, including, but not limited to, the following:

      1.   Plans of the existing or proposed construction and development.

      2.   A description of the existing or proposed machinery, processes and products.

      3.   Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the dangerous and objectionable elements as set forth in this section.

      4.   Measurements of the amount or rate of emission of said dangerous and objectionable elements. Failure to submit data requested by the code enforcement officer shall constitute an intentional violation. (Ord. 99-06, 6-21-1999)

   (B)   The code enforcement officer may require any person, firm or corporation to retain an expert consultant or consultants to study and report as to compliance or noncompliance with the performance standards, and to advise how a proposed or current use could be brought into compliance. Such consultants shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the code enforcement officer and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the planning commission shall select the consultant. The cost of the consultant's services shall be borne by the owner or operator of said use. (Ord. 99-06, 6-21-1999; amd. Ord. 05-01, 5-16-2005)

   (C)   If violation continues to exist after the conclusion of the time granted for compliance with the performance standards, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied. (Ord. 99-06, 6-21-1999)