Any use in a nonresidential district shall comply with the performance standards set forth hereinafter for the district in which such use or building is to be located as precedence to occupancy and use. If any existing use or building is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply to such extended, enlarged, or reconstructed part or parts of such building or use as precedence to further use.
(a) Dust and Smoke.
(1) Dust and other types of air pollution borne by the wind from sources such as parking areas, storage areas, or yards shall be kept to a minimum by appropriate landscaping, paving, oiling, and other acceptable treatment.
(2) The emission of smoke, soot, fly ash, fumes, and dust shall be controlled by precipitation devices, the height of the stack, rate of emission, or another manner so that the quantity deposited on adjacent districts shall not be detrimental to or endanger the public safety, comfort, welfare or adversely affect property values.
(b) Fire and Explosive Hazards.
(1) The storage, utilization, and manufacture of materials, goods, or products ranging from free burning to intense burning is permitted, provided the materials or products shall be stored, utilized, or produced within completely enclosed structures having incombustible exterior walls, and such structure shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association.
(2) Materials that produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted in any district except such materials as are used or required in emergency equipment or in secondary processes accessory to the main use.
(c) Glare and Heat. Any operation which produces glare or heat contrary to the normal and expected conditions shall be performed so as not to create any hazards along the lot line and shall not create any hazards along the lot line.
(d) Odorous Matter. The emission of odorous matter in such quantities as to produce a public nuisance or hazard shall not be detectable beyond the lot line.
(e) Toxic or Noxious Matter. The discharge of toxic or noxious matter across the lot lines wherein such a use is located is prohibited for any period of time and in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to property.
(f) Noise. The sound pressure level of any individual operation or operations on a lot, other than the operation of auto-calls, bells, motor vehicles, sirens, or whistles, shall not exceed the average intensity of the street traffic noise at the nearest residential or commercial district, as applicable.
(g) Vibration. Operations creating intense earth-shaking vibrations shall be set back from and controlled in such a manner as to prevent transmission of vibrations that would be perceptible without the aid of instruments at the lot line.
(h) Waste Materials. Liquid wastes shall not be discharged into an open reservoir, stream, or other open public body of water or sewer unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines, and other chemicals shall not exceed the amount permitted by other codes of the State or County.
(i) Soil Removal. No mining, extracting, filling, or soil-stripping operations shall be conducted in such a manner as to leave unsightly or dangerous excavations or soil banks or create issues of increased erosion.
(j) Maintenance. All lots shall be maintained in a manner that includes the removal of trash and litter, maintenance of paved areas, maintenance of landscaping, and general upkeep of the property.
(k) Enforcement. Where determinations can be made by the Village Administrator or other authorized Village employee, using equipment normally available or obtainable without extraordinary expense, such determinations or evaluation shall be made whenever possible before a notice of violation is issued. Where technical complexity or extraordinary personnel or equipment is required to make the determination, the Planning Commission may, in the case of the offenses under this section, require the owner to either obtain and pay for an independent survey or share in the cost of an independent survey from a professional engineer experienced in the particular specialty. (Ord. 2879. Passed 10-23-23.)