1173.18 PERFORMANCE STANDARDS.
   No activity, operation, or use shall be permitted on any property which by reason of the emission of odor, fumes, smoke, vibration, radiation, noise or disposal of waste is deleterious to other permitted activities in the zone district or is obnoxious or offensive to uses permitted in neighboring districts, or is harmful to the general health, safety or welfare of the community. The following standards shall apply:
   (a)   Noise.  
      (1)   Noise Level Limits. No operation or activity shall be carried on which causes or creates measurable noise levels which have an annoying or disruptive effect on surrounding properties. Noise emanating from a use in any district shall not exceed the level of ordinary conversation at the boundaries of the lot. Short intermittent noise peaks may be expected if they do not exceed normal traffic noise peaks at any point on the lot boundaries.
      (2)   Permitted Exemptions. Noise resulting from the following activities shall be exempt from the maximum permitted sound levels provided such activity occurs in a legally-accepted manner:
           A.   Temporary construction activity that occurs between 7:00 am and 7:00 pm.
          B.   Performance of emergency work.
         C.   Warning devices necessary for public safety, such as police, fire, and ambulance sirens and train horns.
         D.   Lawn care and house maintenance that occurs between 7:00 am and 9:00 pm.
   (b)    Vibration.
      (1)   Permitted Vibration. Vibration is the oscillatory motion of a solid body. Machines or operations which cause vibration may be permitted in industrial districts, provided that: No operation shall generate any ground- or structure-borne vibrational motion that is perceptible to the human sense of touch beyond the property line of the site on which the operation is located; and
      (2)   Permitted Exemptions. Vibrations resulting from temporary construction activity that occurs between 7:00 am and 7:00 pm. shall be exempt from the maximum permitted vibration levels, provided that such activity occurs in a legally- accepted manner.
   (c)   Dust, Smoke, Soot, Dirt, Fly Ash and Products of Wind Erosion. The drifting of air-borne matter beyond the lot line, including wind-blown dust, particles or debris from open stock piles, shall be prohibited. Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the requirements established in conjunction with all applicable state or federal regulations. No person, firm or corporation shall operate or maintain any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, unless such processes or devices use or are equipped with recognized and approved equipment, methods, or technology to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air.
   (d)   Odor. Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on adjoining property, or which could be detrimental to human, plant, or animal life.
   (e)   Glare and Heat. Any operation or activity which produces glare shall be conducted so that direct and indirect illumination from the source of light does not exceed one-half (½) of one (1) footcandle when measured at any point along the property line of the site on which the operation is located. Any operation which produces intense glare or heat shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.
   (f)   Fire and Safety Hazards. The storage and handling of flammable liquids, liquified petroleum gases, and explosives shall comply with all applicable state, county and local regulations. Further, all storage tanks for flammable liquid materials above ground shall be located at least one hundred and fifty (150) feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or another type of approved retaining wall capable of containing the total capacity of all tanks so enclosed. Below-ground bulk storage tanks which contain flammable material shall be located no closer to the property line than seventy-five (75) feet.
   (g)   Hazardous Substance Containment and Storage. The storage and handling of hazardous substances shall comply with all applicable state, county and local regulations. There shall be no general purpose floor drains in structures in which hazardous substances are kept. Above ground storage containers for hazardous materials shall require secondary containment facility capable of containing the total volume of all hazardous substances.
   (h)   Sewage Wastes and Water Pollution. Sewage disposal and water pollution shall be subject to the standards and regulations established by federal, state, county, municipal, and all of the applicable regulatory agencies, including applicable state departments, the County Health Department, and the U. S. Environmental Protection Agency.
   (i)   Gases. The escape of or emission of any gas which is injurious or destructive to life or property, or which is explosive, is prohibited. Gaseous emissions shall be subject to all applicable state and federal regulations.
   (j)   Electromagnetic Radiation and Radio Transmission. Electronic equipment required in an industrial, commercial, or other operation shall be designed and used in accordance with applicable rules and regulations established by the Federal Communications Commission (FCC). The operation of such equipment shall not interfere with the use of radio, television, or other electronic equipment on surrounding or nearby property.
   (k)   Radioactive Materials.  Radioactive materials, wastes and emissions, including electromagnetic radiation such as from an x-ray machine, shall not exceed levels established by Federal agencies which have jurisdiction.
      (Ord. 1166. Passed 9-24-01.)