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Milan City Zoning Code

CHAPTER 20

PERFORMANCE STANDARDS

11-20-1: COMPLIANCE WITH PROVISIONS:

   A.   New Uses: Any use established in the business or industrial districts after the effective date hereof shall comply with the minimum performance standards contained in this chapter.
   B.   Existing Uses: Existing business and industrial uses which are not in compliance with the performance standards contained in this chapter are exempt, except where a use did not comply with performance standards in effect prior to the effective date hereof.
   C.   Noncompliance: Conditions which do not comply shall not be increased in scope or magnitude. Such uses shall be permitted to be enlarged or altered, provided the addition or change conforms with the applicable performance standards. (Ord. 1301, 3-15-2004)

11-20-2: CERTIFICATION MAY BE REQUIRED:

When necessary, the zoning officer and/or village engineer may require of the applicant certification by a registered professional engineer or other qualified person, at the expense of the applicant, that the performance standards for a proposed use can be met. Furthermore, the village may require the applicant to reimburse the village for any additional independent technical review deemed appropriate by the village. (Ord. 1301, 3-15-2004)

11-20-3: SMOKE EMISSIONS:

The emission of smoke from any operation or activity shall not exceed a density or equivalent opacity permitted by the Illinois environmental protection agency (IEPA). (Ord. 1301, 3-15-2004)

11-20-4: PARTICULATE MATTER:

   A.   No person shall operate or cause to be operated any process which emits particulate air contaminants exceeding the air quality standards of the Illinois environmental protection agency (IEPA) or its successor.
   B.   Prior to the village issuing a certificate of occupancy, an applicant must submit to the zoning officer documentation of the IEPA approval of the applicant's application and permit to install or alter equipment or control equipment if such a permit is required under the applicable IEPA standards.
   C.   In the event the IEPA lowers its air quality standards, the IEPA standards in effect on the effective date hereof shall remain applicable. Under these circumstances, prior to the village issuing a building permit, an applicant must submit to the zoning officer documentation from a licensed engineer demonstrating that the use complies with the IEPA standards (on the effective date hereof).
   D.   In the event the IEPA raises its air quality standards, the new IEPA standards shall apply, and the applicant must comply with the requirements of subsection C of this section. (Ord. 1301, 3-15-2004)

11-20-5: TOXIC MATTER:

The release of airborne toxic matter from any operation or activity shall not exceed the fractional quantities permitted below of the threshold limit values adopted by the American Conference Of Governmental Industrial Hygienists. If a toxic substance is not listed, verification that the proposed level of toxic matter will be safe and not detrimental to the public health or injurious to plant and animal life will be required. The measurement of toxic matter shall be on the average of any twenty four (24) hour sampling period.
   A.   All B Districts And The ORT District: In all B districts and in the ORT district, the release beyond lot lines of airborne toxic matter shall not exceed one-eighth (1/8) of the threshold limit values.
   B.   I-1 And I-2 Districts: In the I-1 and I-2 districts, the release of airborne toxic matter shall not exceed one-eighth (1/8) of the threshold limit values beyond district boundary lines. (Ord. 1301, 3-15-2004)

11-20-6: VIBRATION:

Earthborn vibrations from any operation or activity shall not exceed the displacement values below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three (3) mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. The maximum displacements shall be determined by the following formula:
 
D
=
K
f
 
 
Where:
 
 
 
 
 
D
=
Displacement in inches
 
 
 
K
=
A constant given in the table below
 
 
 
f
=
The frequency of the vibration transmitted through the ground in cycles per second
 
 
Zone And Place Of Measurement
Continuous
Impulses (At Least 1 Second Rest Between Pulses Which Do Not Exceed 1 Second Duration)
Less Than 8 Pulses Per 24 Hour Period
B districts and ORT district:
 
 
 
     At lot line
0.003
0.006
0.015
I-1 and I-2 districts:
 
 
 
     At district boundary line
0.030
0.060
0.150
     At R district, recreational area or school boundary line
0.003
0.006
0.015
 
(Ord. 1301, 3-15-2004)

11-20-7: GLARE/ILLUMINATION:

See chapter 21, "Illumination Regulations", of this title. (Ord. 1301, 3-15-2004)

11-20-8: SEWAGE WASTE:

Sewers and sewage discharge shall meet the appropriate municipal code and all IEPA requirements. (Ord. 1301, 3-15-2004)

11-20-9: STORAGE:

   A.   Open Storage: The open storage of materials and equipment shall, except for sales display, be subject to the following requirements:
      1.   Storage of materials and equipment shall be completely screened from view. An eight foot (8') solid wall fence with a level A buffer yard as described in chapter 22 of this title will be required.
      2.   All combustible materials shall be stored in such a way as to include, where necessary, access drives to permit free access of firefighting equipment.
   B.   Bulk Storage Of Flammable Liquids And Chemicals:
      1.   The bulk storage of flammable liquids and chemicals, when stored in aboveground tanks, shall occur no closer to the lot line or any principal building than the distance indicated by the following table:
Capacity Per Container (Gallons)
Minimum Separation Distances Aboveground Containers
Capacity Per Container (Gallons)
Minimum Separation Distances Aboveground Containers
Less than 125
None
125 to 250
10 feet
251 to 500
10 feet
501 to 2,000
25 feet
2,001 to 30,000
50 feet
30,001 to 70,000
75 feet
70,001 to 90,000
100 feet
 
(Ord. 1301, 3-15-2004)
      2.   The underground bulk storage of flammable liquids shall be located in accordance with the fire code adopted by the village regarding tank storage underground, except the minimum distance between such underground tanks and any R zone boundary shall be at least ten feet (10'). (Ord. 1301, 3-15-2004; amd. 2011 Code)

11-20-10: SCREENING:

See buffer yard requirements as described in chapter 22 of this title. (Ord. 1301, 3-15-2004)

11-20-11: NOISE:

The following requirements shall apply in all districts:
   A.   The sound pressure level, to be measured as described below, shall not exceed the following decibel levels in the designated octave bands when adjacent to the designated types of use districts: (Ord. 1301, 3-15-2004)
Sound Level In Decibels
Octave Band, Cycles Per Second
B-1, B-2 And B-3 Districts
All Residential Districts
Sound Level In Decibels
Octave Band, Cycles Per Second
B-1, B-2 And B-3 Districts
All Residential Districts
0 to 75
73
58
76 to 150
69
54
151 to 300
65
50
301 to 600
61
46
601 to 1,200
55
40
1,201 to 2,400
48
33
2,401 to 4,800
41
26
Over 4,800
35
20
 
(Ord. 1301, 3-15-2004; amd. 2011 Code)
   B.   Objectionable sounds of an intermittent nature which are not easily measured shall be controlled so as not to become a nuisance to adjacent uses.
   C.   Measurement is to be made at the nearest boundary of the nearest residential area or at any other point along the boundary where the level is higher. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American Standards Association. (Ord. 1301, 3-15-2004)

11-20-12: ODOR:

Objectionable odor shall be controlled so as not to extend beyond the subject property line. (Ord. 1301, 3-15-2004)