(A) General.
(1) Any new use established in I-1 and I-2 Districts after the effective date of this chapter shall be so operated as to comply with the performance standards governing:
(a) Noise;
(b) Vibration;
(c) Toxic and noxious matter;
(d) Odorous matter;
(e) Fire and explosive hazards; and
(f) Glare and heat, as set forth hereinafter for the district in which such use shall be located.
(2) No use already established on the effective date hereof shall be so altered or modified as to conflict with, or further conflict with, the applicable performance standards established hereinafter for the district in which such use is located. No emission or by-product of any industrial use shall violate or exceed state regulations. It shall be the responsibility of all industrial uses to adhere to such regulations, including the obtaining of necessary permits.
(3) Certification from an engineer or scientific testing laboratory approved by the village, indicating that the use of the land and all processing either does or will comply with the applicable performance standards, shall accompany application for a zoning certificate. Where standards indicated here differ from those of state agencies, the more restrictive shall apply.
(B) Noise; I-1 and I-2 Districts.
(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 subchapter, shall be those noises which cause rapid fluctuation of the needle of the sound level meter with a variation of no more than plus or minus two 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 pressure level of any operation or plant (other than background noises not directly under the control of the manufacturer) exceed the decibel limits in the octave bands designated below:
Octave Band Frequency (Cycles per Second) | Along Residence District Boundaries | Along Business District Boundaries |
Octave Band Frequency (Cycles per Second) | Along Residence District Boundaries | Along Business District Boundaries |
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 59 | 66 |
300 to 600 | 52 | 59 |
600 to 1,200 | 46 | 53 |
1,200 to 2,400 | 40 | 47 |
2,400 to 4,800 | 34 | 41 |
Over 4,800 | 32 | 39 |
(C) Vibrations; I-1 and I-2 Districts.
(1) Vibrations within a district shall be controlled so as not to become a nuisance to adjacent uses.
(2) No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground transmitted vibrations in excess of the limits set forth below. Vibrations shall be measured at any point along a residence district boundary line with a three component measuring instrument approved by the Zoning Administrator and shall be expressed as displacement in inches:
Frequency (Cycles per Second) | Maximum Permitted Displacement along Residence District Boundaries (Inches) |
0 to 10 | 0.0008 |
10 to 20 | 0.0005 |
20 to 30 | 0.0002 |
30 to 40 | 0.0002 |
40 and over | 0.0001 |
(D) Toxic and noxious matter; I-1 and I-2 Districts. No activity or operation shall cause, at any time, the discharge of toxic or noxious matter across lot lines in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to the environment, property or business. Determination of such adverse effects shall be made by the Chairperson of the Planning and Zoning Commission or duly appointed agent.
(E) Odorous matter; I-1 and I-2 Districts.
(1) The emission of odorous matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful.
(2) No activity or operation shall cause, at any time, the discharge of odorous matter in such concentrations as to be detectable without the use of instruments at any point along lot lines.
(F) Fire and explosive hazards; I-1 and I-2 Districts.
(1) The manufacture, utilization or storage of pyrophoric and explosive dusts shall be in accordance with the safety codes of the National Fire Protection Association. Such dusts include, but are not limited to: aluminum, bronze and magnesium powder, powdered coal, powdered plastics, flour and feed, spices, starches, sugar, cocoa, sulphur, grain (storage) and wood flour.
(2) In the I-1 District the following additional regulations shall apply.
(a) The storage, utilization or manufacture of solid materials or products ranging from incombustible to subject to moderate burning is permitted.
(b) The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided the following condition is met. Said materials shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls or protected throughout by an automatic fire extinguishing system, or said materials may be stored outdoors and such storage shall have 50 feet clearance from all property lines.
(3) In the I-2 District, the following additional regulations shall apply.
(a) The storage, utilization or manufacture of solid materials, ranging from incombustible to subject to intense burning is permitted, subject to all applicable rules and regulations.
(b) The storage and utilization of flammable liquids or materials, which produce flammable or explosive vapors or bases, shall be permitted in accordance with the regulations of the office of the State Fire Marshal, or any successor agency.
(G) Glare and heat; I-1 and I-2 Districts.
(1) Any operation producing intense glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard along lot lines.
(2) Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.
(3) Determination of the nuisance factor in regard to glare or heat intensity shall be made by the Village Manager or duly appointed agent.
(2009 Code, § 40-7-3) (Ord. 15-08, passed 8-31-2015) Penalty, see § 156.999