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Morris City Zoning Code

ARTICLE XVIII

- MANUFACTURING DISTRICTS

Sec. 48-1180. - Purpose; intent.

The regulations for manufacturing districts are designed to provide for the establishment of a full range of industrial and allied activities and to govern their operations in a manner that will not have a deleterious effect on agricultural, residential and business areas. It is essential that there are adequate provisions for the expansion of industry, both those existing today and for attracting a diversification of new industry. Adequate industrial sites and industrial expansion will create growth and development of the city's economic and tax base and provide a variety of employment for its labor force.

(Code 2012, § 17.48.010; Ord. of 9-28-1966, § 9(A))

Sec. 48-1181. - Prohibited uses.

No activities involving the manufacture of materials or products which decompose by detonation shall be permitted in the M1 and M2 districts. Such materials shall include, but shall not be limited to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX PETN, and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, percholoric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, and reactor elements such as uranium 235 and plutonium 239.

(Code 2012, § 17.48.020; Ord. of 9-28-1966, § 9(B)(1))

Sec. 48-1182. - Operations within enclosed buildings.

(a)

M1 Manufacturing District. All activities involving the manufacturing, fabricating, processing, assembling, disassembling, repairing, cleaning, servicing, testing and storing of materials, products, and goods shall be conducted within completely enclosed buildings.

(b)

M2 Manufacturing District. Within 500 feet of any residence district, all activities involving the manufacturing, fabricating, processing, assembling, disassembling, repairing, cleaning, servicing, testing and stoning of materials, products, and goods shall be within completely enclosed buildings, or if outdoors, effectively screened by a solid wall, uniformly painted solid fence or chain link fence with dense plantings of trees and shrubs; and provided the open storage is not of a greaten height than that of the enclosing fence or wall.

(Code 2012, § 17.48.030; Ord. of 9-28-1966, § 9(B)(2); Ord. No. 2555, 3-22-1982)

Sec. 48-1213. - Compliance.

(a)

Any use established in the manufacturing districts after the effective date of the ordinance codified in this article shall be so operated as to comply with the performance standards governing noise, vibration, smoke and particulate matter, toxic matter, odorous matter, fire and explosive hazards, glare, and radiation hazards as set forth in this division for the district in which such use shall be located.

(b)

Uses already established on the effective date of the ordinance codified in this article shall be permitted to be altered, enlarged, expanded or modified, provided that the additions or changes comply with the performance standards.

(Code 2012, § 17.48.040; Ord. of 9-28-1966, § 9(B)(3)(part))

Sec. 48-1214. - Noise.

(a)

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.

(b)

The flat network and the fast meter response of the sound level meter shall be used. Sounds of very short duration, as from forge hammers, punch presses, and metal shears which cannot be measured accurately with the sound level meter shall be measured with the impact noise analyzer.

(c)

Octave band analyzers calibrated in the Preferred Frequencies (American Standards Association 51.6 - 1960, Preferred Frequencies for Acoustical Measurements) shall be used in the table headed "Octave Band, Preferred Frequencies." Octave band analyzers calibrated with the pre-1960 octave bands (American Standards Association Z24.10 - 1953, Octave Band Filter Set) shall be used with the tables headed "Octave Band, Pre-1960."

(d)

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

(1)

Noises not directly under the control of the property user;

(2)

Noises emanating from construction and maintenance activities between 7:00 a.m. and 9:00 p.m.;

(3)

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

(4)

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

(e)

The decibel values specified for residence districts shall be reduced by six decibels between the hours of 7:00 p.m. and 7:00 a.m.

(f)

(1)

In the Ml district, the generation of noise shall not exceed the decibel limits prescribed below:

Maximum Permitted Sound Levels Decibels
(Re. 0002 Microbar)

Octave Band
Pre-1960
(Cycles per Second)
Neighboring
Lot
Residence
District
20—75 79 72
75—150 74 67
150—300 66 59
300—600 59 52
600—1,200 53 46
1,200—2,400 47 40
2,400—4,800 41 34
Above 39 32

 

Octave Band
Preferred
Frequencies
(Cycles per Second)
Neighboring
Lot
Residence
District
31.5 83 76
63 78 71
125 72 65
250 64 57
500 57 50
1,000 51 45
2,000 46 39
4,000 41 34
8,000 38 32

 

(2)

Impact noises measured on an impact noise analyzer shall not exceed the following peak intensities:

Neighboring
Lot
Residence
District
Overall Peak 86 80

 

(g)

(1)

In the M2 district, the generation of noise shall not exceed the decibel limits prescribed below:

Maximum Permitted Sound Levels Decibels
(Re. 0002 Microbar)

Octave Band
Pre-1960
(Cycles per Second)
Neighboring
Lot
Residence
District
20—75 79 72
75—150 74 67
150—300 66 59
300—600 59 52
600—1,200 53 46
1,200—2,400 47 40
2,400—4,800 39 32

 

Octave Band
Preferred
Frequencies
(Cycles per Second)
Neighboring
Lot
Residence
District
31.5 86 76
63 81 71
125 75 65
250 67 57
500 60 50
1,000 54 45
2,000 49 39
4,000 44 34
8,000 41 32

 

(2)

Impact noises measured on an impact noise analyzer shall not exceed the following peak intensities in decibels:

Neighboring
Lot
Residence
District
Overall peak 90 80

 

(Code 2012, § 17.48.050; Ord. of 9-28-1966, § 9(B)(3)(a))

Sec. 48-1215. - Vibration.

(a)

Generally. In all manufacturing districts, no activity or operation shall cause or create earthborn vibrations in excess of the displacement values given in subsection (c) of this section.

(b)

Measurements. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line, as described below. Vibration displacements shall be measured with an instrument or complement of instruments capable of simultaneously measuring in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted.

(c)

Displacement value determination. The maximum permitted displacements shall be determined in each district by the following formula:

D = K
f

 

where

D = displacement in inches

K = a constant to be determined by reference to the tables below

f = the frequency of the vibration transmitted through the ground, cycles per second

(1)

Ml Manufacturing District. The maximum earth displacement permitted at the points described in the following table shall be determined by use of the formula in this subsection (c) and the appropriate K constant shown in Table 1.

Table 1. Values of K to be Used in Vibration Formula

Location K
In any neighboring lot:
a. Continuous 0.008
b. Impulsive 0.015
c. Less than eight pulses per 24-hour period 0.037
In any residence district:
a. Continuous 0.003
b. Impulsive 0.006
c. Less than eight pulses per 24-hour period-hour period 0.015

 

(2)

M2 Manufacturing District. The maximum earth displacement permitted at the points described below shall be determined by use of the formula in this subsection (c) and the appropriate K constant shown in Table 2.

Table 2. Values of K to be Used in Vibration Formula

Location K
In any neighboring lot:
a. Continuous 0.030
b. Impulsive 0.060
c. Less than eight pulses per 24-hour period 0.150
In any residence district:
a. Continuous 0.003
b. Impulsive 0.006
c. Less than eight pulses per 24-hour period 0.015

 

(Code 2012, § 17.48.060; Ord. of 9-28-1966, § 9(B)(3)(b))

Sec. 48-1216. - Smoke and particulate matter.

(a)

The emission of smoke or particulate matter in such manner or quantity as to endanger or be detrimental to the public health, safety, comfort, or welfare is a public nuisance and shall not be permitted in the manufacturing districts.

(b)

For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart described in the U.S. Bureau of Mines Information Circular 6888 shall be employed. The emission of smoke or particulate matter of a density or equivalent opacity greater than No. 2 on the Ringelmann Chart is prohibited at all times except as otherwise provided in this article.

(c)

Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads, and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, wetting, or other acceptable means.

(d)

The open burning of refuse, paint, oil, debris, and any other combustible material is prohibited in all manufacturing districts.

(e)

No operation shall cause or allow to be emitted into the open air from any process on control equipment or to pass any convenient measuring point in a breeching or stack, particulate matter in the gases that exceed 0.60 pounds per 1,000 pounds of gases during any one hour.

(f)

Particulate matter loadings in pounds per acre described below shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.

(1)

Ml Manufacturing District.

a.

The emission of smoke having a density or equivalent opacity in excess of Ringelmann No. 1 is prohibited. However, for two minutes in any four-hour period, smoke up to and including Ringelmann No. 2 shall be permitted.

b.

The rate of emission of particulate matter from all vents and stacks within the boundaries of any lot shall not exceed 0.5 pounds per acre of lot area per hour.

(2)

M2 Manufacturing District.

a.

The emission of smoke having a density or equivalent opacity in excess of Ringelmann No. 2 is prohibited. However, for two minutes in any four-hour period, smoke up to and including Ringelmann No. 3 shall he permitted.

b.

The rate of emission of particulate matter from all stacks and vents within the boundaries of any lot shall not exceed three pounds per acre of lot area per hour.

(Code 2012, § 17.48.070; Ord. of 9-28-1966, § 9(B)(3)(c))

Sec. 48-1217. - Toxic matter; M1 and M2 Manufacturing Districts.

The release of airborne toxic matter (including radioactive matter) shall be controlled and shall not exceed the latest standards set forth by the Federal Occupational and Industrialist Hygienists. The applicant shall satisfy the city health department that the proposed levels of toxic matter will be safe and will not be detrimental to the public health or injurious to plant and animal life.

(Code 2012, § 17.48.080; Ord. of 9-28-1966, § 9(B)(3)(d))

Sec. 48-1218. - Odorous matter.

The release of materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, shall meet the standards of the district in which the odor is created.

(1)

Ml Manufacturing District. When odorous matter is released from any operation, activity, or use in the M1 Manufacturing District, the concentration of such odorous materials shall not exceed the odor threshold when measured beyond the lot line, either at ground level or habitable elevation.

(2)

M2 Manufacturing District. When odorous matter is released from any operation, activity, or use in the M2 district, the concentration of such odorous materials shall not exceed the odor threshold when measured beyond the M2 district boundary line.

(Code 2012, § 17.48.090; Ord. of 9-28-1966, § 9(B)(3)(e))

Sec. 48-1219. - Fire and explosion hazards.

(a)

All flammable solid, liquid and gaseous substances shall be manufactured, stored and utilized in accordance with all applicable codes.

(b)

In all manufacturing districts, the storage, utilization, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

(c)

In the M1 and M2 manufacturing districts, the storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided either of the following conditions is met:

(1)

The materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having no less than two-hour, fire-resistant exterior walls and protected with an automatic fire extinguishing system;

(2)

The material, if stored outdoors, will be no less than 50 feet to the nearest lot line.

a.

M1 Manufacturing District. The storage, utilization, or manufacture of flammable liquids shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers, which is unrestricted. Flammable liquid and gas storage tanks shall not be less than 50 feet from all lot lines:

Total Capacity of Flammable Materials Permitted
(in gallons)

Above-
ground,
within
enclosed
building
Underground
Materials having a closed cup flash point over 187° F but less than 300°F 20,000 100,000
From and including 105° F to and including 187° F 10,000 100,000
Materials having a closed cup flash point of less than 105° F. 3,000 100,000

 

When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure shall not exceed 30 times the quantities listed above.

b.

M2 Manufacturing District. The storage, utilization, or manufacture of flammable liquids shall be permitted in accordance with the following table, exclusive of storage of finished products in original sealed containers, which is unrestricted. Flammable liquid and gas storage tanks shall not be less than 50 feet from all lot lines:

Total Capacity of
Flammable Materials Permitted
(in gallons)

Industries Engaged in Storage for ResaleAboveground
Materials having a closed cup flash point over 200° F but less than 350° F 400,000
From and including 105° F to and including 200° F 200,000
Materials having a closed cup flash point of less than 105° F 100,000
Total 700,000

 

Industries Engaged in Utilization and Manufacture of Flammable Materials Where Storage is an Ancillary UseAboveground
Materials having a closed cup flash point over 200° F but less than 350° F 200,000
From and including 105° F to and including 200° F 100,000
Materials having a closed cup flash point of less than 105° F 50,000
Total 350,000

 

1.

The quantity of flammable liquids or materials stored below ground is unrestricted.

2.

When flammable gases are stored, utilized, or manufactured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure shall not exceed 30 times the quantities listed above.

(Code 2012, § 17.48.100; Ord. of 9-28-1966, § 9(B)(3)(f))

Sec. 48-1220. - Glare.

(a)

Any operation or activity producing glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of one-half footcandle when measured in a residence district and so that it also meets the Standards of the American Conference of Industrial Hygienists.

(b)

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

(c)

When street lighting produces illumination in excess of one footcandle at any point in a residence district, the contribution by light sources from within any of the manufacturing districts measured at the same point shall not exceed 50 percent of the street lighting.

(Code 2012, § 17.48.110; Ord. of 9-28-1966, § 9(B)(3)(g))

Sec. 48-1221. - Radiation hazards.

Radioactive materials shall be governed by the latest Atomic Energy Commission Standards or by standards set forth by the state, whichever are more stringent.

QUANTITIES OF RADIOACTIVE MATERIALS

Radioactive MaterialUnsealed
Curies
Antimony (Sb124) 1
Arsenic 76 (As76) 10
Arsenic 77 (As77) 10
Barium-lanthanum 140
BaLA140 1
Beryllium Be7) 50
Cadmium—silver (CdAg109) 10
Calcium 45 (Ca45) 10
Carbon 14 (C14) 50
Cerium-praseodymium 144 1
(CePr144) 1
Cesium—borium (CsBa137) 1
Chlorine 36 (Cl36) 50
Chromium 51 (Cr51) 1
Cobalt (Co60) 50
Copper 64 (Cu64) 1
Europium 154 (Eu154) 50
Fluorine 18 (F18) 10
Gallium 72 (Ga72) 50
Germanium 71 (Ge71) 10
Gold 198 (Au198) 10
Gold 199 (Au199) 250
Hydrogen 3 (tritium (H3) 1
Indium 114 (In114) 10
Iodine 131 (I131) 10
Iridium 192 (Ir192) 50
Iron 55 (Fe55) 1
Iron 59 (Fe59) 10
Lanthanum 140 (La140) 50
Manganese 52 (Mn52) 10
Molybdenum 99 (Mo99) 1
Nickel 59 (Ni59) 1
Nickel 63 (Ni63) 10
Niobium 95 (Nb95) 10
Palladium 109 (Pd109) 50
Palladium-rhodium 103 (PdRh103) 10
Phosphorus 32 (P32) 0.1
Polonium 210 (Po210) 10
Potassium 42 (K42) 10
Praseodymium 143 (Pr143) 10
Promethium 147 (Pm147) 0.1
Radium 226 (Ra226) 10
Rhenium 186 (Rel86) 10
Rhodium 105 (Rh105) 10
Rubidium 86 (Rb86) 1
Ruthenium-rhodium 106 10
(RuRh106) 1
Samarium 153 (Sm153) 1
Scandium 46 (Sc46) 10
Silver 105 (Ag105) 10
Silver 111 (Ag111) 10
Sodium 22 (Na22) 1
Sodium 24 (Na24) 0.1
Strontium 89 (Sr99) 50
Strontium—yttrium 90 (SrY90) 10
Sulfur 35 S35 1
Tantalum 182 (Ta182) 1
Technetium 96 (Tc96) 10
Technetium 99 (Tc99) 1
Tellurium 127 (Tel27) 50
Tellurium 129 (Te129) 10
Thallium 204 (Tl204) 10
Tin 113 (Sn113) 1
Tungsten 185 (W185) 1
Vanadium 48 (V48) 1
Yttrium 90 (Y90) 10
Yttrium 91 (Y91)
Zinc 65 (Zn65)

 

(Code 2012, § 17.48.120; Ord. of 9-28-1966, § 9(B)(3)(h), Table 3)