A.   Generally: Any new uses established in any zoning district after the effective date hereof shall be so operated as to comply with the performance standards governing: 1) noise; 2) vibration; 3) smoke and particulate matter; 4) toxic and noxious matter; 5) odorous matter; 6) fire and explosive hazards; and 7) glare and heat, as set forth hereinafter for the district in which such use shall be located. No use already established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the applicable performance standards established hereinafter for the district in which such use is located.

   B.   Industrial Districts: An application for a building permit in an I-1 and I-2 district, when required by the use regulations, shall be accompanied by a certification from an engineer or scientific testing laboratory approved by the village board indicating that the use of the land and all processing either does or will comply with the applicable performance standards.

   C.   Investigation For Noncompliance: Complaints by an individual or individuals of noncompliance with these standards shall be investigated by the zoning enforcement officer. Upon completion of his investigation, if scientific test and investigation is deemed desirable, he shall so inform the board of appeals who shall evaluate the recommendation and subsequently recommend to the village board that a scientific test be carried out. This test shall be carried out by qualified professionals. If such test reveals violation of the performance standards, the village board shall take the prudent actions necessary to assure compliance by any violator with the performance standards and other pertinent provisions of this title. (1984 Code § 5-8-1)

   A.   Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulse type noises shall be subject to the performance standards hereinafter prescribed; provided, that such noises that shall be capable of being so measured, for the purpose of this title, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two (±2) decibels. Noise incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent properties.

   B.   At no point on the boundary of property shall the sound pressure level of any operation other than background noises not directly under the control of the property owner exceed the decibel limits in the octave bands designated below: (1984 Code § 5-8-2; amd. 2010 Code)

 

(1984 Code § 5-8-2)

   A.   Vibrations within a district shall be controlled so as not to become a nuisance to adjacent uses.

   B.   No operation or activity (except those not under the direct control of the property owner) shall cause at any time ground transmitted vibrations in excess of the limits set forth below. Vibrations shall be measured at any point along a property boundary line of the owner with a three (3) component measuring instrument approved by the zoning enforcement officer and shall be expressed as displacement in inches.

 

 

   (1984 Code § 5-8-3)

   A.   Any use already established on the effective date hereof shall be permitted to be altered, enlarged, expanded or modified; provided, that new sources of smoke and/or particulate matter conform to the performance standards established hereinafter for the district in which such use is located. The total emission weight of particulate matter from all sources within the boundaries of the lot shall not exceed the net amount permitted in the district in which the use is located after such alteration, enlargement, expansion or modification.

   B.   In addition to the performance standards specified hereinafter, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.

   C.   For the purpose of grading the density of smoke, the Ringelmann chart, published and used by the United States bureau of mines, shall be employed. The emission of smoke or particulate matter of a density equal to no. 2 on the Ringelmann chart is prohibited at all times, except as otherwise provided hereinafter.

   D.   The emission, from all sources within any lot area, of particulate matter containing more than five percent (5%) by weight of particles having a particle diameter larger than forty four (44) microns is prohibited.

   E.   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. Emission of particulate matter from such sources in excess of the weight limitations specified hereinafter for the district in which such use shall be located is prohibited.

   F.   1. In the I-1 and I-2 districts, all uses shall comply with the state environmental protection agency air pollution control regulations dated December 1976 or updated versions as they occur after December 1976.

      2.   Particulate emission standard and limitations rule 203 of the state standards shall apply to all I-1 and I-2 districts as follows and as excerpted from the state air pollution regulations referred to above:

   TABLE 2.1

 

 

 

 

 

   (1984 Code § 5-8-4)

No activity or operation shall cause, at any time, the discharge of toxic or noxious matter across lot lines in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. (1984 Code § 5-8-5)

   A.   The emission of odorous matter of a quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.

   B.   No activity or operation shall cause, at any time, the discharge of odorous matter in such concentrations as to be detectable without the use of instruments at any point along lot lines. (1984 Code § 5-8-6)

   A.   Compliance With National Standards: The manufacture, utilization or storage of pyrophoric and explosive dusts shall be in accordance with the safety codes of the National Fire Protection Association. Such dusts include, but are not limited to: aluminum, bronze and magnesium powder, powdered coal, powdered plastics, flour and feed, spices, starches, sugar, cocoa, sulphur, grain (storage) and wood flour.

   B.   I-1 District: In the I-1 district, the following additional regulations shall apply:

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

      2.   The storage, utilization, or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided the following condition is met: Said materials shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls, or protected throughout by an automatic fire extinguishing system, or said materials may be stored outdoors in conformance with the regulations of the state department of public safety, and such storage shall have fifty foot (50') clearance from all property lines.

   C.   I-2 District: In the I-2 district, the following additional regulations shall apply:

      1.   The storage, utilization, or manufacture of solid materials ranging from incombustible to intense burning are permitted, subject to applicable rules and regulations of the state department of public safety.

      2.   The storage and utilization of flammable liquids or materials which produce flammable or explosive vapors or bases shall be permitted in accordance with the regulations of the state department of public safety. (1984 Code § 5-8-7)

Any operation producing intense glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines. (1984 Code § 5-8-8)