(A) The industrial uses defined below, including accessory buildings and uses, are permitted in the districts indicated in § 156.168, in accordance with the requirements of this section.
(B) No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted unless specifically approved by the Council. Activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Materials shall include, but are not 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 acetyrides, tetrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products; and reactor elements such as Uranium 235 and Plutonium 239.
(C) No activity involving the storage, utilization or manufacture of materials or products which contain arsenic, cyanide, warfarin, strychnine or other poisonous substances shall be permitted unless specifically approved by the Council. The restrictions of this section shall not apply to the activities of the site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line; the operation of motor vehicles or other facilities for the transportation of personnel, materials or products; conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; or safety or emergency warning signals or alarms necessary for the protection of life, limb or property.
(D) An enclosed industrial use is one which is conducted entirely with enclosed buildings of any size provided they meet the yard requirements and conform to the standards in division (F) below.
(E) An open industrial use is one which requires both buildings and open area for manufacturing, fabricating, processing extraction, heavy repairing, dismantling, storage or disposal of equipment raw materials, manufactured products or wastes; and land or buildings in the district permitting an open industrial use; and shall be used so as to comply to the standards in division (F) below.
(F) Standards for enclosed and open industrial uses:
(1) Smoke.
(a) For enclosed industrial use the emission of more than 70 smoke units per hour per stack and emissions in excess of Ringelmann No. 2 are prohibited, except that for 1 hour during any 24-hour period, this rate may be increased to 80 smoke units per stack up to and including Ringelmann No. 3 for the purging, soot blowing and fire cleaning.
(b) For open industrial use the emission of more than 90 smoke units per hour per stack and emission in excess of Ringelmann No. 3 are prohibited, except that for a 1-hour period during the 24 this rate may be increased to 120 smoke units per hour per stack, still at Ringelmann No. 3, for purposes of process purging, soot blowing and fire cleaning.
(2) Particulate matter. The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.06 pounds per 1,000 pounds of effluent gas for enclosed industrial use, nor 0.2 pounds per 1,000 pounds of effluent gas for open industrial use. For enclosed industrial use and open industrial use not more than 50% by weight of particles larger than 44 microns (325) mesh shall be allowed.
(3) Odor. Any enclosed or open industrial use activity or operation which releases odors to the atmosphere shall be so controlled as to ensure that it will produce no public nuisance or hazard at or beyond the nearest Residence or Suburban Residence District boundary line.
(4) Poisonous and injurious fumes and gases. The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following:
(a) The emission from any source shall not cause at or beyond any lot line, concentrations of toxic or injurious fumes and gases in excess of 10% for an enclosed industrial use, and 25% for an open industrial use, of the threshold limit as set for the fume or gas in question in the latest issue of "Threshold Limit Values for Toxic Materials in Industry" issued by the Indiana State Board of Health, from the American Conference of Governmental Hygienists; and
(b) The emission of any gas or fumes across lot lines in concentrations so as to be detrimental to or endanger public health, safety, comfort and welfare or shall cause injury or damage to property or business is prohibited.
(5) Glare and heat. No enclosed or open industrial use operation, activity or structure shall cause heat or glare in a manner so as to be a public nuisance at or beyond any Residence, Suburban Residence, Transition or Business District boundary.
(6) Vibration.
(a) Any enclosed or open industrial use creating intense earth-shaking vibrations that are created by heavy drop forge shall be set back from a Residence of Suburban Residential District boundary at least 250 feet, or at least 150 feet, from a Business District boundary.
(b) Earth-shaking vibrations at the industrial property line shall not be in violation of this chapter as long as the vibrations not perceptible without the aid of instruments.
(7) Noise.
(a) At no point 125 feet from the boundary of a Reserved Industrial District, or any district which permits an enclosed industrial use, shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated below.
Enclosed Industrial Use
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Octave Band Frequency (Cycles per Second) | Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Residence or Suburban District Boundaries | Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Business District Boundaries |
Enclosed Industrial Use
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Octave Band Frequency (Cycles per Second) | Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Residence or Suburban District Boundaries | Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Business District Boundaries |
0 to 75 | 75 | 80 |
75 to 150 | 70 | 75 |
150 to 300 | 65 | 70 |
300 to 600 | 59 | 64 |
600 to 1200 | 53 | 58 |
1200 to 4800 | 48 | 53 |
2400 to 4800 | 48 | 49 |
Above 4800 | 41 | 46 |
(b) At no point 15 feet from the boundary of an Open Industrial District, shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated below.
Open Industrial Use
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Octave Band Frequency (Cycles per Second) | Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Residence or Suburban District Boundaries | Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Business District Boundaries |
Open Industrial Use
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Octave Band Frequency (Cycles per Second) | Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Residence or Suburban District Boundaries | Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Business District Boundaries |
0 to 75 | 75 | 81 |
75 to 150 | 70 | 76 |
150 to 300 | 66 | 72 |
300 to 600 | 62 | 68 |
600 to 1200 | 57 | 63 |
1200 to 4800 | 53 | 59 |
2400 to 4800 | 49 | 55 |
Above 4800 | 45 | 51 |
(c) Sound levels shall be measured with a sound level meter and associated octave band analyzer or filter, manufactured in compliance with standards prescribed by the American Standards Association.
(8) Fire hazards.
(a) The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following conditions are met:
1. For enclosed industrial use and open industrial use the materials shall be stored, utilized and manufactured in a like manner and protected by the means as approved by the Indiana State Fire Marshal; and
2. For enclosed industrial use and open industrial use the storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted in accordance with the following table (exclusive of storage of finished products in original sealed containers). Distances shown are to nearest adjoining property lines which may be built on.
(b) When flammable gases are stored, utilized or manufactured and measured in cubic feet, the quantity in cubic feet (at S.T.P.) permitted shall not exceed 300 times the quantities listed.
Flammable Liquid Storage
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Capacity of Tank (Gallons) | Class* of Flammable Liquid | Distance (Feet) |
Flammable Liquid Storage
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Capacity of Tank (Gallons) | Class* of Flammable Liquid | Distance (Feet) |
0 to 275 | III | 0 |
275 to 750 | III | 5 |
0 to 750 | I and II | 10 |
751 to 12,000 | III | 10 |
751 to 12,000 | I and II | 15 |
12,001 to 24,000 | I, II, III | 15 |
24,001 to 30,000 | I, II, III | 20 |
30,000 to 50,000 | I, II, III | 25 |
*N.F.P.A. Classes of Flammable Liquids: | ||
Class I: Flash Point below 20°F | ||
Class II: Flash Point below 70°F | ||
Class III: Flash Point above 70°F | ||
(c) Tanks in excess of 50,000 gallons, and those for storage of crude petroleum shall be at a distance of 3 times the greatest dimension of the diameter or height of tank, except that distance shall not be less than 20 feet and need not exceed 350 feet.
(d) Other provisions and requirements for enclosed industrial use and open industrial use are as follows:
1. Each use shall provide 1 parking space for each 2 employees, on combined employment of the 2 largest successive shifts, located on the same lot as the use, or as a special exception within 300 feet thereof;
2. Groups of uses requiring parking space may join in establishing a private parking areas with capacity aggregating that required for each participating use;
3. Each use shall provide loading and unloading berths, located on the same lot as the use, as specified in § 156.169;
4. The disposal of wastes discharge into public streams and sewage systems shall meet the requirements of the Stream Pollution Control Law of the State of Indiana (Ch. 214, Acts of 1943, amended);
5. One-half of an alley abutting the rear of a lot may be included in the rear yard, but the alley space shall not be included for loading and unloading berths; and
6. In all districts permitting enclosed industrial use or open industrial use, it is permissible to erect more than 1 principal building devoted to enclosed industrial use or open industrial use on a lot.
(1982 Code, § 156.24) (Ord. 12-1964, passed 8-11-1964)