The following performance standards shall be applied, in addition to those provided in §§ 157.149 through 157.151, to ensure that all manufacturing uses (NAICS 311-339); mining (NAICS 211-213); and waste treatment, disposal and remediation systems (NAICS 5621, 5622 and 5529) shall produce no injurious or obnoxious conditions related to the operation of such uses sufficient to create a nuisance beyond the premises. Additionally, waste treatment, disposal and remediation systems, including landfills, must be in compliance with DHEC requirements. Furthermore, the Zoning Administrator may require that an engineer certify that the proposed project will not violate the restrictions listed herein.
(A) Noise. All noise shall be muffled so as not to be offensive to a person with normal sensibilities due to noise level, intermittence, beat frequency or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility exceed the values provided below where measured at the property line of any such sound-emitting source. If sound levels are suspected to be offensive to a person with normal sensibilities by the Zoning Administrator through observation, the property owner will be required to conduct and document noise level tests as needed to demonstrate that the noise generated does not exceed the values provided for herein. Such tests must be conducted at the cost of the property owner by a qualified professional with proven expertise in the area of noise level measurement and testing.
(1) The maximum permissible noise level at the property line of any such sound-emitting source for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m. (night time) shall be 65 decibels (dB), and between 7:00 a.m. and 9:00 p.m. (day time) shall be 70 dB. Where the lot containing such use is adjacent to a residence or residential zoning district, the permissible noise levels shall be ten dB less than those above.
(2) Such measurements are expressed in terms of the equivalent sound level and all measurements taken shall compute the equivalent sound level.
(3) Noise levels shall be measured with a sound level meter that conforms to the most current specifications as recommended by the American Standards Institute (ANSI). The meter shall be set for a "slow" response when taking measurements. An A-weighted filter constructed in accordance with the specifications of ANSI, which automatically takes into account the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements in relation to the requirements of this section.
(4) Impact noises, generated by sources that do not operate more than one minute in any one-hour period, are permissible up to a level of ten dB in excess of the figures listed in division (A)(1) of this section, except when the lot containing such use is adjacent to a residence or a residential zoning district.
(5) Noises emanating from construction activities between 7:00 a.m. and 9:00 p.m. shall be exempt from these requirements.
(B) Air pollution.
(1) The emission of visible smoke, dust, dirt, fly ash, particulate matter from any pipes, vents, or other openings, or from any other source into the air, shall comply with the regulations of the South Carolina Department of Health and Environmental Control (DHEC).
(2) Air pollution emanating from construction activities between 7:00 a.m. and 9:00 p.m. shall be exempt from these requirements.
(C) Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive to a person with normal sensibilities at the property line. Any process which may involve the creation or emission of any such odor shall be provided with both primary and a secondary safeguard system so that control may be maintained in the event of failure of the primary safeguard system.
(D) Fumes and vapors. There shall be no emission of any fumes or vapors of a noxious, toxic or corrosive nature which can cause damage or irritation to health, animals, vegetation, or to any form of property.
(E) Heat, cold, dampness or movement of air. Industrial activities which could produce any adverse effect on the temperature, motion or humidity of the atmosphere beyond the lot line shall not be permitted. Any use requiring an operation producing an intense heat shall be performed with the necessary shielding to prevent such heat from being detectable at the property line of the site on which the use is located.
(F) Toxic matter. The measurement of toxic matter shall be at ground level of habitable elevation and shall be the average of any 24-hour sampling period. The release of any airborne toxic matter shall not exceed the quantities permitted for those toxic materials currently listed in Threshold Limit Value, adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in said listing, the applicant shall satisfy the Zoning Administrator that the proposed levels will be safe to the general population.
(G) Exterior illumination.
(1) All operations, activities, and uses shall be conducted so as to comply with the performance standards governing exterior illumination prescribed in § 157.149 and below.
(2) Requirements for maximum intensity by light source and type of area are provided in the following table. Illumination shall be measured from any point outside the property. If illumination is found to be extending onto neighboring properties by the Zoning Administrator, the property owner will be required to conduct appropriate light/illumination level tests as needed. Measurements are to be conducted by Illumination Engineering Society of North American (IESNA) standards.
Maximum Intensity of Light Sources
Light Sources | Light Sources Visible in: | |
Residential or Medical Areas | Commercial or Industrial Areas | |
Bare incandescent bulbs | 15 watts | 40 watts |
Illuminated buildings | 15 ft. candles | 30 ft. candles |
Backlighted or luminous background signs | 150 ft. lamberts | 250 ft. lamberts |
Outdoor illuminated signs and poster panels | 25 ft. candles | 110 ft. candles |
Any other unshielded sources, intrinsic brightness | 50 candela per sq. cm | 50 candela per sq. cm |
(H) Radiation hazard standard. All operations, activities and uses shall comply with the regulations of the U.S. Atomic Energy Commission set out in Chapter 1 of Title 10 of the Code of Federal Regulations which apply to byproduct material, source material and special nuclear material, as those terms are defined by the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2014(e), (z), and (aa)). No activity, operation or use shall cause radiation emissions which are in violation of the Radiation Health and Safety Act of 1968 (PL 90-602), as amended, or the implementing regulations of the SC Department of Health and Environmental Control established pursuant thereto.
(I) Electromagnetic radiation and interference standard. No activity, operation or use shall cause electromagnetic radiation interference that: (a) adversely affects persons or the operation of any equipment across lot lines and (b) is not in conformance with the regulations of the Federal Communications Commission.
(J) Liquid and solid waste standard. Any activity, operation or device which causes or tends to cause the discharge or other release of liquid or solid waste into public sanitary sewers, storm drains or public waters shall comply with applicable laws, rules and regulations governing such discharge or release, including but not limited to the Federal Water Pollution Control Act as well as state and local provisions regulating sewers and sewage disposal, pollution of state waters, maintenance and cleanliness of storm drainage facilities, garbage, trash and refuse, and erosion and sediment control.
(K) Compliance guarantee. The applicant of a permit for a manufacturing or processing plant which would produce any of the elements as noted in this division shall acknowledge in writing his understanding of the performance standards applicable to the proposed use and shall submit with the permit application an agreement to conform with such standards at all times. Any violation of the agreement shall constitute a violation of this chapter and the property owner shall be subject to any and all penalties or enforcement actions permitted by this Zoning Ordinance.
(Ord. 15-002, passed 2-24-15)