(a) No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by the zoning code may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established either by the Planning Commission as provided in this section or by the Board of Zoning Appeals, as provided in Section 1133.09 pursuant to the following requirements.
(1) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(2) Radioactivity or Electrical Disturbances. No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(Ord. 93-146. Passed 10-7-93.)
(3) Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency or shrillness. Noise shall not exceed the surrounding ambient noise level or seventy-five (75) dBC (C-weighted) for an average period of five (5) minutes in any one hour period, whichever is greater. Noise will be measured at the closest neighboring inhabited dwelling or dwelling setback, whichever is closer.
(Ord. 10-104. Passed 4-15-10.)
(4) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(5) Smoke. Smoke shall not be emitted with a density greater than No. 1 on the Ringelmann Chart as issued by the U.S. Bureau of Mines. Smoke of a density of No. 2 on the Ringelmann Chart shall be permitted for a period of up to eight minutes in each hour.
(6) Odors. No malodorous gas or matter shall be permitted which is offensive or as to produce a public nuisance or hazard on any adjoining lot or property.
(7) Air Pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property or which can cause excessive soiling.
(8) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an "I" District or from any public street, road or highway.
(9) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(10) Water Pollution. Pollution of water shall be subject to the requirements and regulations established by the State Water Pollution Control Board.
(b) Standards. Methods and procedures for the determination of the existence of any of the uses regulated herein shall conform to applicable standard measurement procedures published by the American Standards Association, Inc., New York, N.Y.; the Manufacturing Chemists' Association, Inc., Washington, D.C.; the United States Bureau of Mines; and State and/or Federal Environmental Protection Agency guidelines or regulations.
(c) Planning Commission Review.
(1) As provided by Section 1139.05, prior to approving a site plan, the Planning Commission shall require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and equipment operations are to be eliminated or reduced to acceptable limits and tolerances. Such statement shall be provided by an architect or engineer licensed by the State.
(2) In the event that the Planning Commission determines that the applicant's proposed method of achieving the performance standards required by this section is acceptable, the Planning Commission shall have the authority to issue a zoning certificate based upon such submission. If, however, the Planning Commission, in its discretion, deems it so advisable, the Planning Commission may refer the matter for further review and evaluation by the Board of Zoning Appeals, pursuant to Section 1133.09.
(Ord. 93- 146. Passed 10-7-93.)