All uses established or changed and any building, structure or tract of land developed, constructed or used in any industrial district shall comply with all of the performance standards set forth in this article for the district involved. Any change, addition or reconstruction of a building or use shall meet these requirements for the addition, reconstruction or enlargement.

(Code 1961, § 22-14(1); Code 1985, § 7-961)

(a)

If, in the opinion of the building official, a violation of the industrial performance standards set out in this article has occurred, the building official shall send a written notice of the violation to the owner, or his agent, of the property, by certified mail. The owner shall have 30 days to correct the violation unless, in the opinion of the building official, there is an imminent peril to the life and property of persons adjacent to the alleged violation, in which case the violation shall be corrected immediately.

(b)

Where determinations of violation can be made by the building official using equipment normally available to the city or obtainable without extraordinary expense, such determination shall be made before the notice of violation is issued.

(c)

Where technical complexity or extraordinary expense makes it unreasonable for the city to maintain the personnel or equipment necessary to make the determination of violation, then the city shall call in properly qualified experts to make the determination. If expert findings indicate a violation of these performance standards, the costs of the determination shall be assessed against the properties or persons responsible for the violation in addition to the other penalties prescribed by this Code. If no violation is found, the cost of the determination shall be paid entirely by the city.

(Code 1961, § 22-14(13); Code 1985, § 7-962)

(a)

In order to determine compliance with the requirements relating to noise, odor, smoke, etc., standard instruments and manuals shall be used, as listed in subsection (b) of this section. Suitable substitutes, as determined by the building official, may also be used. The initials listed before the particular instruments or manuals in subsection (b) of this section are symbols which are followed elsewhere in this article. The manuals, codes and descriptions of measuring devices in the standard works cited in this section are hereby adopted by reference as if the words appeared in this Code in their entirety. The most recent amendment or revision of each code or manual shall be used.

(b)

The following devices and instruments standardized by the American Standards Association shall be used:

(1)

OBF: Octave band filter.

(2)

SLM: Sound level meter.

(3)

INF: Impact noise filter manufactured by General Radio Company.

(4)

VMD: Three-component vibration measuring device.

(5)

ADI: Atmospheric dust impinger.

(6)

One of the following devices or its equivalent for measuring cup flash points:

a.

Pensky-Martens.

b.

Tagliabue.

(c)

The following charts and manuals are hereby adopted by reference:

(1)

BMI 6888, the Ringelmann Chart described in U.S. Bureau of Mines Information Circular 6888.

(2)

APAM Air Pollution Abatement Manual of the Manufacturing Chemists Association.

(3)

PHR47 U.S. Public Health Report 47, No. 12, Measurement of Density of Mineral Dusts.

(4)

Industrial Code Rule No. 12 adopted by the Board of Standards and Appeals of the New York State Department of Labor.

(5)

Title 10, chapter 1, part 20, Code of Federal Regulations, Standards for Protection Against Radiation.

(Code 1961, § 22-14(2), (3); Code 1985, § 7-963)

(a)

For the purpose of measuring the intensity and frequency of sound, the SLM and OBF shall be used. In the enforcement of this section, noises produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel levels. Sounds of short duration, such as those from forge hammers and punch presses, shall be measured with the INF. For sounds so measured, the maximum sound pressure level set forth in the table may be increased by six decibels.

(b)

In the M-1, M-2 and M-3 districts, the decibels resulting from any activity, whether open or enclosed, shall not exceed, at any point on or beyond any plot line, the maximum level set forth in the table in subsection (c) of this section. If the M-1, M-2 or M-3 district adjoins a residential district, the maximum levels at any point on the district boundary shall be reduced by six decibels from the maximum listed.

(c)

The following table shows the maximum permitted sound pressure level in decibels:

(Code 1961, § 22-14(4); Code 1985, § 7-964; Ord. No. 2275, § 52, 5-5-92)

Cross reference— Noise generally, § 34-171 et seq.

(a)

In the M-1 district, no activity shall cause or create a steady state or impact vibration on a plot line or on a boundary line between the M-1 district and a residential district with a vibration displacement by frequency bands in excess of that indicated in the table in subsection (c) of this section as measured by the VMD.

(b)

In an M-2 or M-3 district, no activity shall cause or create a steady state or impact vibration at a district boundary line with a vibration displacement by frequency bands in excess of that indicated in the table in subsection (c) of this section.

(c)

The following table shows the vibration limits:

(Code 1961, § 22-14(5); Code 1985, § 7-965; Ord. No. 2275, § 53, 5-5-92)

(a)

For the purpose of determining smoke units, the Ringelmann Chart shall be employed (BMI 6888). Each reading (Ringelmann number) shall be multiplied by the time in minutes for which it was observed, and the products added together to give the total number of smoke units observed during the total period of observation. This total shall then be converted into units per hour. In the M-1, M-2 and M-3 districts, the emission of more than ten smoke units per hour per stack, and smoke with a density in excess of Ringelmann No. 2, is prohibited except as indicated in this section.

(b)

For special operations, the maximum frequency and permitted smoke units and densities shall be as follows:

(1)

The maximum frequency permitted shall be:

a.

For rebuilding fires within a 24-hour period, once.

b.

For banking or cleaning fires, soot blowing, or process purging, once in six hours.

(2)

The maximum smoke units permitted per hour per stack shall be as follows:

a.

For Ringelmann No. 1, 20 units.

b.

Ringelmann No. 2, ten units.

c.

For Ringelmann No. 3, three units.

(Code 1961, § 22-14(6); Code 1985, § 7-966; Ord. No. 2275, § 54, 5-5-92)

In any M-1, M-2 or M-3 district, no odor shall be permitted at any lot line exceeding the lowest amount set forth in Table III, Odor Thresholds, of chapter 5 of APAM. For compounds not described in the table, odor thresholds shall be established as described in chapter 5 of APAM, and no odor shall be permitted at any lot line exceeding the amount determined by such method.

(Code 1961, § 22-14(7); Code 1985, § 7-967; Ord. No. 2275, § 55, 5-5-92)

In an M-1, M-2 or M-3 district, the concentration of toxic or noxious odors shall not exceed, at any point on or beyond any lot line, one-tenth of the maximum allowable concentration set forth in section 12-20 of ICR 12 measured with the ADI.

(Code 1961, § 22-14(8); Code 1985, § 7-968; Ord. No. 2275, § 56, 5-5-92)

No operation, whether or not licensed by the Atomic Energy Commission or its successor agency, shall be conducted in an M-1, M-2 or M-3 district which exceeds the standards set forth in CFR 10.

(Code 1961, § 22-14(9); Code 1985, § 7-969; Ord. No. 2275, § 57, 5-5-92)

In M-1, M-2 or M-3 districts:

(1)

Storage and utilization of solid materials or products which are incombustible or which in themselves support combustion and are consumed slowly as they burn is permitted.

(2)

Storage, utilization or manufacture of solid materials or products including free burning and intense burning is permitted, provided that such materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible walls and protected throughout by an automatic fire extinguishing system.

(3)

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. The quantity in cubic feet (STP) permitted shall not exceed 300 times the quantities listed in this subsection, where the factor 300 is the volume in cubic feet occupied by one gallon of liquid. Cup flash points shall be measured by the Pensky-Martens, Tagliabue or other standard test equipment. Closed cup flash point is the temperature at which a liquid sample produces sufficient vapor to flash, but not to ignite, when in contact with a flame in a closed cup tester.

TOTAL CAPACITY OF FLAMMABLE
MATERIALS PERMITTED
(IN GALLONS)

M-1 and M-2 districts:

M-3 district: Unrestricted, provided that storage, handling and use shall be in accordance with section 38-81.

(Code 1961, § 22-14(10); Code 1985, § 7-970; Ord. No. 2275, § 58, 5-5-92)

Cross reference— Hazardous materials generally, § 38-121 et seq.

In an M-1, M-2 or M-3 district, no use, activity or process shall be conducted which produces electromagnetic interference with normal radio or television reception in residential or business districts.

(Code 1961, § 22-14(11); Code 1985, § 7-971; Ord. No. 2275, § 59, 5-5-92)

In an M-1, M-2 or M-3 district, any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that the steam, humidity, heat or glare is not perceptible at or beyond any lot line.

(Code 1961, § 22-14(12); Code 1985, § 7-972; Ord. No. 2275, § 60, 5-5-92)