(A) Purpose and intent. The purpose of these industrial operation standards is to minimize the conflicts between industrial uses and other land uses and to protect persons and property from the possible negative impacts of industrial operations.
(B) Applicability. All industrial uses shall be in compliance with any and all applicable requirements of the state and federal governments (including the standards of the Occupational Safety and Health Administration - OSHA). No industrial use shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance defined by and subject to this chapter. In cases where the requirements of this chapter are in conflict with other applicable requirements, the most restrictive shall apply.
(C) Exemptions. The following uses, activities, and circumstances shall be exempt from the standards established by this section:
(1) Construction and maintenance. Site preparation or the construction, maintenance, repair, alteration, or improvement of structures, equipment or other improvements on or within the lot lines of the subject property.
(2) Motor vehicles. The operation of motor vehicles for the transportation of personnel, material, or products.
(3) Public safety alerts. Public safety sirens and related apparatus used solely for public purposes and/or necessary for the protection of life, limb, or property.
(D) Interpretation. The industrial standards established by this section provide general guidelines for discussing expectations with new and expanding industrial operations. Where applicable the determination of compliance of industrial operations with the requirements of this section shall be determined by the Advisory Plan Commission, Board of Zoning Appeals, or Administrative Officer when consistent with the petition review processes established by this chapter.
(E) General standards. All uses placed into operation after the effective date of this chapter shall comply with all federal and state standards, as well as the following general standards in the interests of protecting public health, safety, and general welfare and lessening potential damage to property. No use in existence on the effective date of this chapter shall be altered or modified in a manner that conflicts with these standards.
(1) Fire and explosive hazards. Firefighting equipment and prevention measures shall be subject to the approval of the governing fire agency and shall be readily available and apparent when any activity involving the handling and storage of flammable or explosive materials is conducted.
(2) Noise. No use on a property shall create a production or operational noise, or combination of noises that are detectable without the aid of instruments at the boundary line of any residential or commercial zoning district.
(3) Odor. No use on a property shall emit any objectionable odor, or combination of odors, that is detectable without the aid of instruments at the boundary line of any residential or commercial zoning district.
(4) Vibration. No use on a property shall cause any objectionable vibrations or concussions that are detectable without the aid of instruments at the property lines of the lot on which the use is located.
(5) Glare and heat. No use on a property shall produce any glare or heat that is detectable without the aid of instruments at the property lines of the lot on which the use is located. All outdoor lighting shall be exempt from these industrial standards, but shall comply with the exterior lighting standards of this chapter.
(6) Noxious or toxic materials. No use on a property shall accumulate or discharge outside any building materials, gases and fluids generally known to be toxic or noxious. Such uses shall also comply with all applicable regulations of the Hancock County Board of Health.
(7) Waste materials. No use on a property shall accumulate on the lot, or discharge beyond the lot lines any waste matter in violation of the applicable standards and regulations of the Hancock County Board of Health and/or Indiana State Board of Health.
(8) Water pollutants. No use on a property shall discharge any material, whether liquid, solid or gas, into public waters without any required approvals of the Hancock County Board of Health and/or Indiana State Board of Health.
(Ord. 121410, passed 1-11-2011)