§ 156.288 PERFORMANCE STANDARDS FOR OPEN INDUSTRIAL USES.
   (A)   General. No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted unless specifically approved by the County Board of Commissioners if the activity is proposed to be located in the unincorporated territory and the town council if the activity is proposed to be located in a town. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, TDX, HMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydribes, hydrazine and its derivaties; pyrotechnies and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetyrides, terazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products; and reactors elements such as Uranium 235 and Plutonium 239.
   (B)   Exemptions. The restrictions of this section shall not apply to:
      (1)   The activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line;
      (2)   The operation of motor vehicles or other facilities for the transportation of personnel, materials or products;
      (3)   Conditions beyond the control of the user, such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; and
      (4)   Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.
   (C)   Smoke. The emission of more than 90 smoke units per hour per stack and emissions in excess of Ringelmann No. 3 are prohibited; except that, for one-hour period during the 24, this rate may be increased to 120 smoke units per hour per stack, still at Ringelmann No. 3, for the purposes of process purging, soot blowing and fire cleaning.
   (D)   Particulate matter. The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of 0.2 pounds per 1,000 pounds effluent gas. For open industrial use, not more than 50% by weight of particles larger than 44 microns (325 mesh) shall be allowed.
   (E)   Odor. Any activity or operation, which releases odors to the atmosphere, shall be so controlled as to ensure that it will produce no public nuisance or hazard at or beyond the nearest residence district boundary line.
   (F)   Poisonous and injurious fumes and gases. The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following.
      (1)   The emission from any source shall not cause at or beyond any lot line concentrations of toxic and/or injurious fumes and gases in excess of 25% of an open industrial use of the threshold limit as set for the fume or gas in question in the Threshold Limit Values for Toxic Materials in Industry issued by the State Board of Health, from the American Conference of Governmental Hygienists, latest issue.
      (2)   The emission of any gas or fumes across lot lines in such concentrations as to be detrimental to or endanger public health, safety, comfort and welfare or shall cause injury or damage to property or business is prohibited.
   (G)   Glare and heat. No operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any residence or business district boundary.
   (H)   Vibration.
      (1)   Any use creating intense earth-shaking vibrations such as are created by a heavy drop forge shall be set back from a residence district boundary at least 250 feet, or at least 150 feet from a business district boundary.
      (2)   Earth-shaking vibrations at the industrial property line shall not be in violation of this chapter as long as the vibration is not perceptible without the aid of instruments.
   (I)   Noise.
      (1)   At no point 125 feet from the boundary of a I-2 District shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated below:
Open Industrial Use
Octave Band Frequency (Cycles per Second)
Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Residence District Boundaries
Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Business District Boundaries
Open Industrial Use
Octave Band Frequency (Cycles per Second)
Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Residence District Boundaries
Maximum Permitted Sound Level (In Decibels) 125 Feet From District Adjoining Business District Boundaries
0 to 75
75
81
75 to 150
70
76
150 to 300
66
72
300 to 600
62
68
600 to 1,200
57
63
1,200 to 2,400
53
59
2,400 to 4,800
49
55
Above 4,800
45
51
 
      (2)   Sound levels shall be measured with a sound level meter and associated octave band analyzer or filter, manufactured in compliance with standards prescribed by the American Standards Association.
   (J)   Fire hazards. The storage, utilization or manufacture of solid materials or products shall conform to the provisions of this chapter and the Fire Prevention and Building Safety Commission of the state, whichever is more restrictive.
(Ord. passed - -2006, § 80.20(C))