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. Performance standards regulating uses and activities in the city of Park City, permit land uses to be measured accurately and objectively, assure that all uses utilize methods which protect the community from hazards that are preventable by legitimate processed of control and nuisance elimination, and protect uses from arbitrary exclusion or persecution based solely on subjective determinations of performances made in the past.

The performance standards herein shall apply as follows:

Where performance standards are not specifically stated herein, all commercial and industrial activity conducted in the city of Park City shall meet the requirements of all applicable local, state and federal safety and environmental regulations.

A.

Maximum Sound Levels. No operation shall cause or create noise above the sound pressure levels in Tables PS-1 and PS-2 at the locations specified therein.

At no point on the boundary of a residential or commercial district shall the sound pressure level of any individual operation or plant exceed the decibel levels in the designated octave bands as stated in Table PS-1 under the category "other."

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. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1.6-1960, Preferred Frequencies for Acoustical Measurements) shall be used with Tables PS-1 and PS-2.

C.

Exemptions. The following shall be exempt from noise performance standards:

1.

Noise of temporary construction or maintenance activities which are not an integral part of the permanent use of the property from seven a.m. to seven p.m., except that all internal combustion engines shall be equipped with approved mufflers.

2.

Noises of safety signals, warning devices, and emergency pressure relief valves.

3.

Transient noises of motor vehicles licensed by the state of Illinois.

4.

Noises associated with snow plowing, street sweeping, and mosquito abatement.

5.

Church bells, chimes, and carillons.

TABLE PS-1
PERMITTED SOUND LEVELS

Sound levels above shall be modified where applicable by the adjustments in Table in PS-2.

TABLE PS-2
ADJUSTMENTS TO PERMITTED SOUND LEVELS

A.

Maximum vibration. Any operation or activity which shall cause at any time and at any point along the nearest lot line specified earth borne vibrations in excess of the limits set forth in Table PS-3 is prohibited

B.

Measurement. A seismograph or other three-component system capable of simultaneous measurement of vibrations in three mutually perpendicular directions shall be used to measure vibrations. Vibrations shall be expressed as displacement in inches. Displacement shall be divided into three categories as follows:

1.

Steady State. Vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred per minute.

2.

Non-steady State. Vibrations which are discrete impulses that are more frequent than one per minute or occur more than eight times in any twenty-four-hour period, but less frequent than one hundred per minute.

3.

Impact. Vibrations which occur in discrete impulses separated by an interval of at least one minute and numbering not more than eight in any twenty-four-hour period.

C.

Exemptions.

1.

Vibrations not directly under control of the property user.

2.

Vibrations emanating from temporary construction and maintenance activities between the hours of seven a.m. and seven p.m. Such activities are those which are non-routine operations accessory to the primary activities and which are temporary in nature, or conducted infrequently.

3.

Transient vibrations of automobiles, trucks, and railroads.

TABLE PS-3
MAXIMUM DISPLACEMENT

Heavy Industrial Nonresidential Perimeter Displacement

Heavy Industrial Displacement at Nearest Residential Perimeter

Other—Nonresidential Perimeter Displacement

Other—Displacement at Nearest Residential Perimeter

A.

Maximum emissions. Emissions of smoke shall not exceed the maximum permitted smoke units as defined herein and Ringelmann Number ratings in Table PS-4

TABLE PS-4
MAXIMUM SMOKE EMISSIONS

* When blowing soot or cleaning fires.

** For a maximum duration of three minutes.

*** The number of smoke units is the product of the Ringelmann Number and the number of minutes the smoke is visible.

A.

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.

The rate of emission of particulate matter from all sources within the boundaries of any lot shall not exceed the values in Table PS-5 adjusted by the values in Table PS-6.

B.

Measurement. The total net rate of emission of particulate matter within the boundaries of any lot be determined as follows:

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 hourly rate of emission in pounds per acre. Add together the individual rates of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. It is this total that shall not exceed the rate established in Table PS-5 adjusted by the values in Table PS-6.

C.

Control of Wind Erosion. 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.

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 windbourne particulate.

TABLE PS-5
PARTICULATE STANDARDS

TABLE PS-6
ADJUSTMENTS TO PARTICULATE
STANDARDS
HEIGHT OF EMISSIONS

VELOCITY OF EMISSIONS

TEMPERATURE OF EMISSIONS

Note: Users should interpolate for values not listed. Minus sign indicates that the value is to be subtracted from particulate standard.

A.

Maximum Emissions. The release of any airborne toxic matter shall not exceed the permitted standards in Table PS-7 at the locations specified therein.

B.

Measurement. Measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period.

TABLE PS-7
PERMITTED EMISSIONS OF
TOXIC MATTER

A.

Maximum Emissions. Continuous, frequent, or repetitive emission of odors or odor-causing substances shall not exceed the Odor Threshold Concentration at the following locations.

B.

Measurement. Odor shall be measured by odor threshold concentrations with the American Society for Testing and Materials Method D1 391-57, Standard Method for Measurement of Odor in Atmospheres (Dilution Method), or its equivalent. Odor shall be measured at ground level or habitable elevation. An odor emitted no more than fifteen minutes in any one day shall not be deemed as continuous, frequent or repetitive within the meaning of these odor regulations.

A.

Other Applicable Regulations. In addition to the requirements herein, all materials regulated in this section shall be utilized, stored, manufactured, and handled in accordance with the Park City Fire Prevention Code (Chapter 15.50, Title 15, Park City Municipal Code), and the provisions of Chapter 93, Sections 143 through 156 of the Illinois Revised Statues or any amendment thereto. To the extent that any conflict may arise between this regulation and any of the above referenced regulations, the most restrictive shall apply.

B.

Detonable Materials. Detonable materials are 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.

All 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, ozonides;

7.

Strong unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentrations greater than thirty-five percent.

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 the requirements of Table PS-8. No detonable materials may be stored, utilized, or manufactured without first submitting to the Code Enforcement Official a certificate of compliance from both the Illinois Department of Mines and Minerals and the Village of Gurnee Fire Department.

No nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239 shall be permitted in any zone within the city.

TABLE PS-8
STANDARDS FOR DETONABLE
MATERIALS

C.

Flammable Solid Material. The utilization, storage, and manufacture of flammable solid materials are permitted subject to the following restrictions:

Location, plans, and construction for storage must conform to the laws and regulations of the State of Illinois and have approval of the State Division of Fire Prevention of the Department of Public Safety, the village of Gurnee Fire Department, and the city of Park City code enforcement official.

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 PS-9. Storage of finished product in the original sealed containers of fifty-five gallons or less is exempt from the standards in Table PS-9. Location, plans, and construction for storage must conform to the laws and regulations of the State of Illinois and have approval of the State Division of Fire Prevention of Illinois and have approval of the State Division of Fire Prevention of the Department of Public Safety, the village of Gurnee Fire Department, and the city of Park City code enforcement official.

TABLE PS-9
STANDARDS FOR FLAMMABLE LIQUIDS AND GASES

Maximum cubic feet of flammable gases at standard temperature and pressure shall be thirty times the gallonage figures above.

No operation shall produce direct or indirect illumination greater than 0.5 footcandles at the boundary line of the generating lot or parcel.

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 three degrees Fahrenheit.

No operation shall be permitted that causes any individual outside 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 or following the day of application for a certificate of occupancy.

Radioactive materials shall be contained in a fireproof container at or below ground level if they are stored or utilized or manufactured in a quantity exceeding one hundred thousand times the quantity listed in Section 3, paragraph b, of the Radiation Installation Registration Law of the state of Illinois or any amendment thereto.

There shall be no electromagnetic interference that adversely affects the operation of any equipment other than the belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.

The procedures herein are intended to enforce the performance standards herein, to protect business from arbitrary enforcement, and to protect the public from unnecessary enforcement costs.

A.

New Uses.

An application for a conditional use permit or a building permit for an industrial use within the I 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 or installation of equipment on the subject lot or parcel.

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 code enforcement official may refer to the certification and data to the city engineer for review.

The code enforcement official 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 standards herein. Such certification may include all performance standards or only individual standards specified by the code enforcement official.

B.

Existing Uses.

In enforcing performance standards on existing uses, the code enforcement official may issue a written notice of violation to an alleged violator.

The code enforcement official 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.

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 code enforcement official has other reasons to believe there is probably violation.

The code enforcement official shall give notice of violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation and may also give notice to the owner of record of the subject property.

The notice shall describe the violation and the results of technical determination or other reasons why the code enforcement official believes there is a violation. The notice shall require either an answer or correction of the alleged violation to the satisfaction of the code enforcement official and within the time limit he or she shall specify in the notice.

The notice shall also state that failure to provide an answer or correct the stated violation within this time limit shall constitute admission of a violation.

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 determination.