Any use already established in M-1 and M-2 districts, after the effective date hereof, shall be so operated as to comply with the performance standards governing: noise, vibrations, smoke and particulate matter, toxic matter, noxious and odorous matter, fire and explosive hazards, flammable liquids and gases, glare and heat and radiation hazards. (Ord. 961, 2-12-1997, eff. 2-22-1997)

The following performance standards, as well as all applicable federal, state and village standards, shall be adhered to by all uses:

   A.   Noise:

      1.   Measuring Devices: For the purpose of measuring the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed. The flat network and the fast meter response of the sound level meter shall be used. Sounds of short duration which cannot be measured accurately with the sound level meter shall be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (American Standards Association SI 6-1950, preferred frequencies for acoustical measurements) shall be used with the following tables.

      2.   Exemptions: The following uses and activities shall be exempt from the noise level regulations:

         a.   Noises not directly under control of the property user.

         b.   Noises emanating from construction and maintenance activities between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. Such activities are those which are nonroutine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.

         c.   The noises of safety signals, warning devices, and emergency pressure relief valves.

         d.   Transient noises at moving sources such as automobiles, trucks, airplanes and railroads.

      3.   Maximum Permitted Sound Levels: At no point along the boundary of a "residential district" or along an "adjacent lot" shall the sound pressure level of any operation or plant exceed the decibel limits in the octave bands designated below.

      MAXIMUM PERMITTED SOUND LEVEL

      (In Decibels)

 

Impact noises shall not exceed the following peak intensities:

 

 

   B.   Vibrations:

      1.   Vibrations shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system approved by the zoning administrator.

      2.   The following uses and activities shall be exempt from vibration level regulations:

         a.   Vibrations not directly under the control of the property user.

         b.   Vibrations emanating from construction and maintenance activities between seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. Such activities are those which are nonroutine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.

         c.   Transient vibrations of moving sources such as automobiles, trucks, airplanes and railroads.

      3.   At no point along the boundary of a "residence district" (column I) or along an "adjacent lot" (column II) shall the earthborne vibrations be in excess of the limits set forth in the following table:

      MAXIMUM PERMITTED EARTHBORNE VIBRATIONS

 

 

Steady state vibrations, for purposes of this chapter, are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute shall be considered impact vibrations and shall not cause in excess of twice the displacements stipulated.

   C.   Smoke And Particulate Matter:

      1.   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.

For the purpose of grading the density equivalent opacity of smoke, the Ringelmann chart, published by the United States bureau of mines, shall be employed.

The emission of more than twenty (20) smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann no. 2. However, once during any six (6) hour period, each stack may emit up to thirty five (35) smoke units, not to exceed Ringelmann no. 2, when blowing soot or cleaning fires. Only during fire cleaning periods, however, shall smoke of Ringelmann no. 3 be permitted, and then for not more than four (4) minutes per period.

The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area 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*

 

*Interpolate for intermediate values not shown in table.

      2.   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 subsection C2a of this section, 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 subsection C2b of this section, 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.

   D.   Toxic Matter:

      1.   The measurement of toxic matter shall be made at ground level or habitable elevation and shall be the average of any twenty four (24) hour sampling period. The release of any airborne toxic matter shall not exceed the fractional quantifiers permitted of those toxic matters currently listed in the threshold limit values adopted by the American Conference Of Governmental Industrial Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the village that the proposed levels shall be safe and not detrimental to the general population nor injurious to plant and animal life.

      2.   In the M-1 district the release of airborne toxic matter shall not exceed one-thirtieth (1/30) of the threshold limit values across lot lines.

   E.   Noxious And Odorous Matter In M-1 District: No activity or operation 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 lot lines is prohibited.

   F.   Fire And Explosive Hazards:

      1.   Flammable Solids:

         a.   The storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

         b.   The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided the materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.

      2.   Flammable Liquids And Gases: The storage, utilization, or manufacture of flammable liquids, or materials which produce flammable or explosive vapors or gases shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers, which shall be unrestricted:

      TOTAL CAPACITY OF FLAMMABLE

      MATERIALS PERMITTED

      (In Gallons)

 

When flammable gases are stored, utilized, or manufactured and measured in cubic feet, the quantity in cubic feet (at STP) permitted shall not exceed three (3) times the quantities as listed above.

The manufacture of liquid or gaseous oxygen is prohibited. Liquid or gaseous oxygen may be stored or utilized in accordance with the National Fire Protection Association standard no. 566, as from time to time in force and effect, herein adopted by reference, and the total quantity stored of gaseous or liquid oxygen shall not exceed five hundred fifty thousand (550,000) standard cubic feet.

      3.   Detonable Materials: Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation are prohibited.

   G.   Glare And Heat:

      1.   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 flickering or intense sources of light shall be controlled so as not to cause a nuisance across lot lines.

      2.   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.   Radiation Hazards:

      1.   Release Outside Property Lines: The release of radioactive materials or the emission of ionizing radiation outside of property lines shall be in accordance with the rules and regulations of the state. (Ord. 961, 2-12-1997, eff. 2-22-1997)

      2.   Unsealed Radioactive Materials: Unsealed radioactive materials shall not be manufactured, utilized, or stored (except when such materials are stored in a fireproof container at or below ground level) in excess of the quantities appearing in the following table.

 

(Ord. 961, 2-12-1997, eff. 2-22-1997; amd. 1999 Code)