13-8-6: PERFORMANCE STANDARDS 1 :
   A.   Noise:
      1.   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. Impulsive type noises shall be subject to the performance standards hereinafter prescribed; provided, that such noises shall be capable of being accurately measured with such equipment. Noises 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. Noises 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 uses.
      2.   At no point on the boundary of a residence or business district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown on the following table: (1965 Code title 6 § 406.6)
Maximum Permitted Octave Band (Frequency, Cycles Per Second)
Sound Level (Decibels)
Along Residence District Boundaries
Along Business District Boundaries
Maximum Permitted Octave Band (Frequency, Cycles Per Second)
Sound Level (Decibels)
Along Residence District Boundaries
Along Business District Boundaries
0   to   75
72
75
76   to   150
67
70
151   to   300
59
63
301   to   600
52
57
601   to   1,200
46
52
2,401   to   4,800
34
40
above 4,800
32
38
 
(1965 Code title 6 § 406.6; amd. 2009 Code)
   B.   Smoke And Particulate Matter:
      1.   The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
      2.   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 greater than no. 2 on the Ringelmann chart is prohibited at all times, except as otherwise provided hereinafter.
      3.   The emission from all sources within any lot area of particulate matter containing more than ten percent (10%) by weight of particles having a particle diameter larger than forty four (44) microns is prohibited.
      4.   Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads, and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, fencing or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitation hereinafter specified is prohibited.
      5.   The emission of more than eight (8) smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann no. 2. However, during one 1-hour period in each twenty four (24) hour day, each stack may emit up to sixteen (16) smoke units when blowing soot or cleaning fires. Only during fire cleaning periods, however, shall smoke of Ringelmann no. 3 be permitted, and then for not more than three (3) minutes.
   C.   Toxic Or Noxious Matter: No use shall, for any period of time, discharge across the boundaries of the lot wherein there is located toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business.
   D.   Odors: The emission of odorous matter in such a quantity as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines is prohibited.
   E.   Fire And Explosion Hazard:
      1.   The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed cup flashpoint of not less than one hundred eighty seven degrees Fahrenheit (187°F), is permitted, subject to compliance with all other performance standards for the I-1 district.
      2.   The storage, utilization, or manufacture of materials or products ranging from free or active burning, as determined for liquids by a closed cup flashpoint of less than one hundred eighty seven degrees Fahrenheit (187°F), but not less than one hundred five degrees Fahrenheit (105°F), is permitted, subject to compliance with all other performance standards for the I-1 district, and provided the following conditions are met:
         a.   Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls or an underground storage tank; and
         b.   All such buildings or structures shall be set back at least forty feet (40') from lot lines, or in lieu thereof, all such buildings or structures shall be protected throughout by an automatic sprinkler system (or a carbon dioxide system of equal protection) complying with installation standards prescribed by the National Fire Protection Association; or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association.
      3.   The storage for utilization in manufacturing processes of materials which produce flammable or explosive vapors or gases, as determined for liquids by a closed cup flashpoint of less than one hundred five degrees Fahrenheit (105°F), shall be permitted in this district; provided:
         a.   That the final manufactured product does not itself have a closed cup flashpoint of less than one hundred eighty seven degrees Fahrenheit (187°F); and
         b.   Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls or an underground storage tank; and (1965 Code title 6 § 406.6)
         c.   All such buildings or structures shall be set back at least forty feet (40') from lot lines, or in lieu thereof, all such buildings or structures shall be protected throughout by an automatic sprinkler system (or a carbon dioxide system of equal protection) complying with installation standards prescribed by the National Fire Protection Association; or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association; and
         d.   Exclusive of storage of finished products in original sealed containers, which shall be unrestricted, aboveground flammable liquid and gas storage tanks shall not be less than one hundred feet (100') from all lot lines. Flammable liquids and gases in original sealed containers of fifty five (55) gallons' liquid capacity or less may be stored prior to utilization without restriction as to location; and (1965 Code title 6 § 406.6; amd. 2009 Code)
         e.   (1)   The total amount of flammable materials stored shall not exceed the amounts shown in the following table:
 
In Gallons
Aboveground
Underground
Materials having a closed cup flashpoint over 187°F but less than 300°F
20,000
50,000
From and including 105°F to and including 187°F
10,000
50,000
Materials having a closed cup flashpoint of less than 105°F
3,000
50,000
 
            (2)   When flammable gases are stored, utilized, or manufactured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure shall not exceed thirty (30) times the quantities listed above.
   F.   Glare Or Heat: Any operation producing intense glare or heat shall be performed within completely enclosed buildings in such a manner as not to create a public nuisance or hazard along lot lines.
   G.   Vibration: No industrial operation or activity shall cause at any time ground transmitted vibrations in excess of the limits set forth below. Vibration (the periodic displacement, measured in inches of earth) shall be measured at any point along a residence district boundary line with a three (3) component measuring instrument commonly accepted in the field and shall be expressed as displacement in inches. (1965 Code title 6 § 406.6)
 
Frequency
(Cycles Per Second)
Maximum Permitted Displacement Along Residence District Boundaries
(In Inches)
0 to 10
0.0008
11 to 20
0.0005
21 to 30
0.0003
31 to 40
0.0002
41 and over
0.0001
 
(1965 Code title 6 § 406.6; amd. 2009 Code)
   H.   Exceptions: Notwithstanding any other provisions contained herein, this section shall not apply to quarry operations; asphalt recycling, storage and sales; concrete recycling, storage and sales; feedstock recycling, storage and sales; maintenance and storage facilities; railway facilities; and reclamation or fill operations. Rather, each and every such operation or facility shall be regulated by and comply with state laws and regulations concerning dust, noise, light, and vibration as applicable to each such operation or facility. By adopting state standards, the village does not relinquish its standing or right to enforce those state standards 2 . (1965 Code title 6 § 406.6)

 

Notes

1
1. See also title 5, chapter 4 of this code.
2
1. See section 5-4-1 of this code.