It is the intent of this section to require that each permitted use shall be a good neighbor to adjoining properties by control of noise, odor, glare, vibration, smoke, dust, liquid wastes, radiation, radioactivity and the like. The performance standards set forth in subsection (A) following shall be complied with, and any use which fails to comply with the standards shall be in violation of this ordinance and be subject to penalties as accorded by law. The sum of the effects of concurrent operations on two or more lots measured at any property line shall not be greater or more offensive to the senses than the standards contained herein. Compliance with the provisions of this subsection by single or mutual changes in operational levels, scheduling of operations and other adjustments is permitted. In case of conflict among these standards and federal and state regulations, the most restrictive standard or regulation shall apply.
A. General regulations and limitations on uses.
1. Noise. Noise shall not exceed 60 decibels (db(A)) equivalent daytime and 55 decibels (db(A)) equivalent nighttime, as measured at any site line which is adjacent to any residential, office or commercial zone. In no case shall the maximum noise level exceed 60 db(A).
2.
Odors. Odors from any use shall not be discernible at the property line to a greater degree than odors from plants for the manufacture of electronic equipment. The values given in table III (Odor Thresholds) in the latest revision of Chapter 5, "Physiological Effects," in the "Air Pollution Abatement Manual," by the Manufacturing Chemists’ Association, Inc., Washington, D.C., copyright 1951, shall be used as standard in case of doubt concerning the character of odors emitted. In such case, the smallest value given in table III shall be the maximum odor permitted. Detailed plans for the prevention of odors crossing property lines may be required before approval of a site plan by the Planning Department. 3. Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line.
4.
Exterior lighting. Any lights used for exterior illumination shall comply with the exterior lighting standards of section 24.06. No light measured (at eye level) at the property line between nonresidential and any residential district or use shall be greater than one-quarter footcandle at the side and rear property line, nor greater than one-half footcandle or the intensity of the available street lighting at the front property line, whichever is greater. Lighting shall be arranged so as to reflect light away from adjacent residential areas.
5. Vibration. Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in any one hour. No discernible vibration should be detectable at all at any residential district boundary. Vibration at any time shall not produce an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the "safe" range of table 7 United States Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting" on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this provision.
6. Smoke. Emission of smoke on the site shall be controlled so that a nuisance will not result. Emission of smoke shall not exceed the number 1 standard as established by the Ringelmann Chart.
7. Dusk dirt and fly ash. No person, firm or corporation shall operate or cause to be operated, maintain or cause to be maintained any process for any purpose or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating while using said process or furnace or combustion device, recognized and approved equipment, means, methods, device or contrivance to reduce the quantity of gasborne or airborne solids or fumes emitted into the open air, which is operated in conjunction with said process, furnace or combustion device so that the quantity of gasborne or airborne solids shall not exceed 20 hundredths grains per cubic foot of the carrying medium at the temperature of 500°F. For the purpose of determining the adequacy of such device, these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% at full load. The foregoing requirement shall be measured at the A.S.M.E. test code for dust-separating apparatus. All other forms of dust, dirt and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The city may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt and fly ash have been made.
8. Gases. Fumes or gases shall not be emitted at any point in concentration or amounts that are noxious, toxic or corrosive. The values given in table I (Industrial Hygiene Standards - Maximum Allowable Concentration for eight-hour day, five days per week), table III (Odor Thresholds), table IV (Concentrations of Substance Causing Pain in the Eyes) and table V (Exposures to Substances Causing Injury to Vegetation) in the latest revision of Chapter 5, "Physiological Effects," that contains such tables, in the "Air Pollution Abatement Manual," by the Manufacturing Chemists' Association, Inc., Washington, D.C., are established as guides for the determination of permissible concentration or amounts. Detailed plans for the elimination of fumes or gases may be required before approval of the site plan.
9. Hazard. Operations shall be carried on with reasonable precautions against fire and explosion hazards.
10. Radiation and radioactivity. All activities involving radioactive materials shall be conducted according to state and federal rules and regulations adopted for human safety. Operations shall cause no dangerous radiation, as specified by the regulations of the United States Nuclear Regulatory Commission, at any property line.
11. Electrical radiation. Electrical radiation shall not adversely affect at any point any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.
12. Waste. All sewage and industrial wastes shall be handled, stored, treated and/or disposed of in compliance with all federal, state, county and/or city laws and regulations.
13. Utilities underground. All lines for telephone, electric, television and other similar services distributed by wire or cable shall be placed underground entirely throughout the development area, except for major thoroughfare right-of-way, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the Michigan Public Service Commission.
14. Heat. Operations generating heat shall be contained within a building. In no case shall the generated heat raise the ambient temperature at a property line higher than the prevailing normal temperature at the time of occurrence.
15. Storage. Above ground outside storage shall not be permitted. The storage of explosives shall not be permitted. Underground storage of flammable materials shall not be permitted unless it is accessory to the principal use and specifically approved by all applicable local, state and federal review authorities.
(Ord. No. 278GG, § 1, 12-6-05)