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Mchenry City Zoning Code

CHAPTER 17

PERFORMANCE STANDARDS

11-17-1: PURPOSE:

The requirements herein are intended to provide a basis for determining the compatibility of land uses that may produce measurable adverse environmental effects on their surroundings.
(Ord. 86-382, 12-22-1986)

11-17-2: APPLICABILITY:

The performance standards herein shall apply as follows:
 
Performance Standard For
Applies To
Heavy industrial uses
Conditional uses in I-1
Other uses
Conditional uses in all districts except I-1
Permitted uses in all districts
Unspecified
Permitted uses in all districts
Conditional uses in all districts
 
(Ord. 86-382, 12-22-1986)

11-17-3: NOISE:

   A.   Maximum Sound Levels: No operation or activity shall cause or create noise above the sound pressure levels in tables 1 and 2 of this section at the locations specified therein.
   B.   Measurement: A sound level meter and associated octave band analyzer shall be employed to measure the intensity and frequency of sound. The flat network slow meter response of the sound level meter shall be used.
(Ord. 86-382, 12-22-1986)
   C.   Exemptions: The following shall be exempt from noise performance standards:
      1.   Noises of construction or maintenance activities from seven o’clock (7:00) A.M. to seven o’clock (7:00) P.M.
      2.   Noises of safety signals, warning devices and emergency pressure relief valves.
      3.   Transient noises of moving sources such as transportation vehicles.
      4.   Noises associated with snow plowing, street sweeping, and mosquito abatement.
      5.   Church bells, chimes and carillons.
      6.   Other noises not under the direct control of the property user.
      7.   Use of generators during periods of power loss and/or outage on Residentially zoned property only.
(Ord. 12-1044)
   TABLE 1
   PERMITTED SOUND LEVELS
Preferred Center Frequency In Hertz
Maximum Permitted Sound Pressure Level In Decibels At Boundaries Of Nearest Residentially Zoned Lot
Preferred Center Frequency In Hertz
Maximum Permitted Sound Pressure Level In Decibels At Boundaries Of Nearest Residentially Zoned Lot
31.5
75
63
74
125
69
250
64
500
58
1,000
52
2,000
47
4,000
43
8,000
40
 
Above figures for octave band analyzers calibrated with preferred frequencies (American Standards Association S1.6-1960, Preferred Frequencies for Acoustical Measurement).
Sound levels above shall be modified where applicable by the adjustments in table 2 of this section.
   TABLE 2
   ADJUSTMENTS TO PERMITTED SOUND LEVELS
Adjustment In Decibels
Adjustment In Decibels
Duration of noise in any 1 hour period (use 1 adjustment only):
 
 
Under 12 minutes
Add 5 dB
 
Under 3 minutes
Add 10 dB
 
Under 1/2 minute
Add 15 dB
At boundaries of nearest Office or Commercial zoned lot
Add 5 dB
Noise is impulsive in character (e.g., hammering)
Subtract 5 dB
Noise is periodic in character (e.g., hum, screech)
Subtract 5 dB
Noise may be heard between hours of 7:00 P.M. and 7:00 A.M.
Subtract 5 dB
 
(Ord. 86-382, 12-22-1986)

11-17-4: VIBRATION:

   A.   Maximum Vibration: Ground transmitted vibration shall not exceed the maximum permitted particle velocities in table 3 of this section at the locations specified therein.
   B.   Measurement: A seismograph or other three (3) component measuring system capable of simultaneous measurement of vibration in three (3) mutually perpendicular directions shall be used to measure vibration.
Particle velocity may be measured directly or computed by the following formula:
PV = 6.28 x F x D
 
PV
=
Particle velocity in inches per second
F
=
Vibration frequency in cycles per second
D
=
Single amplitude displacement of the vibration in inches
 
The maximum particle velocity shall be the maximum vector sum of the three (3) mutually perpendicular components recorded simultaneously.
   TABLE 3
   MAXIMUM GROUND TRANSMITTED VIBRATION
 
Use
Maximum Permitted Particle Velocity1
At Adjacent Lot Line
At Nearest Residentially Zoned Lot Boundary2
Heavy industrial
0.2
0.02
Other
0.1
0.02
 
   Notes:
      1.    Where vibration is produced as discrete impulses (impact vibrations) not exceeding 100 per minute, maximum permitted velocities may be doubled.
      2.    Between 7:00 A.M. and 7:00 P.M., maximum permitted velocity at Residentially zoned lot boundaries shall be reduced 50 percent.
(Ord. 86-382, 12-22-1986)

11-17-5: SMOKE; MAXIMUM EMISSIONS:

Emissions of smoke shall not exceed the maximum permitted smoke units, as defined in section 11-3-1 of this title, and Ringelmann number ratings in table 4 of this section.
   TABLE 4
   MAXIMUM SMOKE EMISSIONS
 
During 1 Hour
Per 24-Hour Day1
All Other Times
Heavy Industrial
Other
Heavy Industrial
Other
Maximum permitted smoke units3 per hour per stack
32
16
16
8
Highest Ringelmann number permitted
32
22
2
1
 
Notes:
      1.    When blowing soot or cleaning fires.
      2.    For a maximum duration of 3 minutes.
      3.    The number of smoke units is the product of the Ringelmann number and the number of minutes the smoke is visible.
(Ord. 86-382, 12-22-1986)

11-17-6: PARTICULATE MATTER:

   A.   Maximum Emissions:
      1.   Particulate matter is fine solid or liquid particles small enough to be carried in the air, including products of combustion such as soot and fly ash, industrial dust, and products of wind erosion.
      2.   The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the values in table 5 of this subsection, as adjusted by the factors in table 6 of this section.
   TABLE 5
   PARTICULATES STANDARDS
 
Use
Maximum Pounds
Per Acre Or Net
Site Area Per Hour
Maximum Tonnage
Per Acre Or Net
Site Area Per Year
Heavy industrial
5
10
Other
1
5
 
   B.   Measurement: The emission rate in pounds per hour from any single stack shall be determined by selecting the continuous four (4) hour period which will result in the highest average emission rate.
   C.   Control Of Wind Erosion:
      1.   Emission of particulate matter from materials, products or surfaces subject to wind erosion shall be minimized by paving, oiling, wetting, covering, landscaping, fencing or other means.
      2.   This shall apply to vacant lots; unpaved roads; yards and storage piles of bulk materials, such as coal, sand, cinders, slag and sulfur; and similar sources of windborne particulates.
   TABLE 6
   ADJUSTMENTS TO PARTICULATES STANDARDS
User should interpolate for values not listed. Minus sign indicates value is to be subtracted from particulate standard.
   HEIGHT OF EMISSION
 
Height Of Emission Above Grade In Feet
Adjustment In Pounds/Hour/Acre
50
-0.01
100
-0.06
150
-0.1
200
-0.16
300
-0.3
400
-0.5
 
   VELOCITY OF EMISSION
 
Exit Velocity In Feet Per Second
Adjustment In Pounds/Hour/Acre
0
-
20
-0.03
40
-0.09
60
-0.16
80
-0.24
100
-0.5
 
   TEMPERATURE OF EMISSION
Temperature In Degrees Fahrenheit
Adjustment In Pounds/Hour/Acre
Temperature In Degrees Fahrenheit
Adjustment In Pounds/Hour/Acre
200
-
300
-0.001
400
-0.002
500
-0.003
1,000
-0.01
1,500
-0.04
2,000
-0.1
 
(Ord. 86-382, 12-22-1986)

11-17-7: TOXIC MATTER:

   A.   Maximum Emissions: Release of any airborne toxic matter shall not exceed the permitted standards in table 7 of this section at the locations specified therein.
   TABLE 7
   PERMITTED EMISSION OF TOXIC MATTER
 
Use
Maximum Fraction Of Threshold Limit Value1
Location Where Applicable
Heavy industrial
1/30
At district boundary
Other
1/30
At lot lines
 
   Note:
      1.    Threshold limit value adopted by American Conference of Government and Industrial Hygienists.
   B.   Measurement: Measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty four (24) hour sampling period.
(Ord. 86-382, 12-22-1986)

11-17-8: ODOR:

   A.   Maximum Emissions: Odorous material released shall not exceed the Odor Threshold Concentration at the following locations:
 
Heavy Industrial Uses
Other Uses
At boundaries of nearest Residentially zoned lot
At lot lines
 
   B.   Measurement:
      1.   Odor shall be measured by Odor Threshold Concentrations with the American Society for Testing and Materials Method D1391-57, Standard Method for Measurement of Odor in Atmospheres (Dilution Method), or its equivalent.
      2.   Odor shall be measured at ground level or habitable elevation.
(Ord. 86-382, 12-22-1986)

11-17-9: FIRE AND EXPLOSION:

   A.   Other Regulations Applicable: In addition to the requirements herein, all materials regulated in this section shall be utilized, stored, manufactured and handled in accordance with the City Fire Protection Code in title 10, chapter 5 of this Code, and the standards of the National Fire Protection Association.
   B.   Detonable Materials: Detonable materials are all materials or products that decompose by detonation, including, among other materials:
      1.   All primary explosives, such as lead azide, lead styphnate, fulminates and tetracene.
      2.   All high explosives such as TNT, RDX, HMX, PETN and picric acid.
      3.   Propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, and hydrazine and its derivatives.
      4.   Pyrotechnics and fireworks, such as magnesium powder, potassium chlorate and potassium nitrate.
      5.   Blasting explosives such as dynamite and nitroglycerine.
      6.   Unstable organic compounds such as acetylides, tetrazoles and ozonides.
      7.   Strong unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in concentrations greater than thirty five percent (35%).
      8.   Nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.
The storage, utilization, or manufacture of detonable materials shall be permitted only as licensed by the City or as incidental to a principal use subject to requirements of table 8 of this section.
   TABLE 8
   STANDARDS FOR DETONABLE MATERIALS
 
Storage, Utilization Or Manufacture Of 5 Pounds Or Less
Storage Or Utilization Of Over 5 Pounds
Manufacture Of Over 5 Pounds
Permitted use
Conditional use
Prohibited
 
   C.   Flammable Solid Materials: The utilization, storage and manufacture of flammable solid materials are permitted subject to the following restrictions:
 
Rating
Restrictions
Incombustible to moderate burning
None
Free to active burning to intense burning
Only in completely enclosed buildings with minimum 2 hour fire resistive construction that are either:
 
Protected with an automatic fire extinguishing system; or
 
Located at least 40 feet from all lot lines
 
   D.   Flammable Liquids And Gases: The storage, utilization and manufacture of flammable liquids or gases that produces flammable or explosive vapors shall be limited to the quantities specified in table 9 of this section.
   TABLE 9
   STANDARDS FOR FLAMMABLE LIQUIDS AND GASES
 
Open Cup
Flash Point In
Degrees Fahrenheit
Maximum Gallons
Above Ground
Below Ground
Heavy Industrial
Other
Heavy Industrial
Other
Under 100
62,000
3,000
No maximum
100,000
100 - 139
100,000
10,000
No maximum
100,000
140 and over
200,000
20,000
No maximum
100,000
 
Storage of finished products in original sealed containers of fifty five (55) gallons or less is exempt from above standards.
Maximum cubic feet of flammable gases at standard temperature and pressure shall be thirty (30) times the gallonage figures above.
(Ord. 86-382, 12-22-1986)

11-17-10: GLARE:

No operation shall produce direct or indirect illumination greater than 0.5 foot-candles in any Residential District.
(Ord. 86-382, 12-22-1986)

11-17-11: HEAT:

No heat from operations or processes shall be sensed at any lot line to the extent of raising the temperature of air or materials more than five degrees Fahrenheit (5°F).
(Ord. 86-382, 12-22-1986)

11-17-12: RADIOACTIVE RADIATION:

   A.   Prohibition: No operation shall be permitted that causes any individual outside of the lot lines to be exposed to any radiation exceeding the lowest concentration permitted for the general population by Federal and State laws and regulations in effect as of the day of application for a Certificate of Occupancy.
   B.   Storage: Radioactive materials shall be contained in a fireproof container at or below ground level if they are stored, utilized or manufactured in a quantity exceeding one hundred thousand (100,000) times the quantity listed in section 3, paragraph b, of the Radiation Installation Registration Law of the State of Illinois, or any amendment thereto.
(Ord. 86-382, 12-22-1986)

11-17-13: ADMINISTRATION AND ENFORCEMENT:

The procedures herein are intended to enforce the performance standards herein, to protect businesses from arbitrary enforcement, and to protect the public from unnecessary enforcement costs.
   A.   New Uses:
      1.   An application for a conditional use permit or a building permit for an industrial use within the I-1 Industrial District shall include a certification by a licensed engineer, licensed architect, or scientific laboratory that the use involved in the application is able to meet all applicable performance standards to the extent that this can be judged based on the submitted building plans and other information available prior to construction.
      2.   This certification shall be accompanied by copies of all data or information supplied by the applicant and used as the basis of the certification. The Zoning Administrator may refer the certification and data to the City Engineer for review.
      3.   The Zoning Administrator may also require such certification for a land use in any other zoning district when in his or her judgment the use has potential to exceed any performance standard herein. Such certification may include all performance standards or only individual standards specified by the Zoning Administrator.
   B.   Existing Uses:
      1.   In enforcing performance standards on existing uses, the Zoning Administrator may issue a written notice of violation to an alleged violator.
      2.   The Zoning Administrator shall, before issuing such notice, make technical determinations of violation when such determinations can be made using equipment and trained personnel normally available to the City or obtainable without extraordinary expense.
      3.   In other cases, however, technical complexity or extraordinary expense may make it unreasonable for the City to maintain personnel or equipment for making determinations of violation prior to issuing a notice of violation. In such cases, a notice of violation may be issued when the Zoning Administrator has other reason to believe there is probable violation.
      4.   The Zoning Administrator shall give notice of violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation.
      5.   The notice shall describe the alleged violation and the results of technical determinations or the other reasons why the Zoning Administrator believes there is a violation. The notice shall require either an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator and within a time limit he or she shall specify in the notice.
      6.   The notice shall also state that failure to provide an answer or correct the alleged violation within this time limit shall constitute admission of a violation.
      7.   The notice shall further state that, if technical determinations have not already been made, upon request of the alleged violator such determinations will be made. If a violation is found as a result of such determinations, the cost of the determinations will be assessed against the properties or parties responsible in addition to any other penalties provided for. If no violation is found, the City will pay the cost of the determinations.
(Ord. 86-382, 12-22-1986)