(A) Any use established in any business or industrial district after the effective date of this zoning code shall comply with the performance standards set forth in this section prior to occupancy or initiation of that use. Any use already established in such districts shall not be altered, added to or otherwise modified so as to conflict with, or further conflict with the performance standards set forth in this section for the district in which such use is located as a precedence to any future use.
(B) Statements may be required by the Planning Commission from the owner that such uses comply or will comply with the performance standards enumerated in this section. The Village reserves the right to select and arrange for an independent survey by a professional engineer qualified in the particular field and the costs for such services shall be paid by the owner.
(C) All uses shall comply with the following performance standards:
(1) Enclosure. All permitted principal and accessory uses and operations except off-street parking shall be performed wholly within an enclosed building except where accessory, outdoor activities are permitted pursuant to Schedule 150.272(D) and this Code.
(2) Fire and Explosive Hazards. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls, and all operations in connection therewith shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate firefighting and suppression equipment and devices standard to the operation involved. The storage, handling and use of flammable or explosive materials shall conform to the requirements of the codified ordinances of the village and all applicable laws of the state.
(3) Emission of Pollutants. The emission of any atmospheric pollutant shall not exceed the level permitted by applicable federal or state regulations.
(4) Noise. The noise level, when measured in decibels, shall not exceed that level specified or permitted by the Interim Noise Assessment Guidelines (1980) HUD.
(5) Vibration. Vibrations shall not be permitted beyond the lot line occupied by the use which would be perceptible without the aid of instruments.
(6) Radioactive or Electrical Disturbances. Radioactive or electrical disturbances shall not be created which would adversely affect any form of life or equipment at or beyond the boundaries of the lot occupied by the use.
(7) Refuse. In the M-1, Light Industrial District only, incineration facilities are permitted as an accessary use provided they meet the requirements of the State EPA.
(8) Waste Materials. Liquid wastes shall not be discharged into an open reservoir, stream or other open body of water or a sewer unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalizes and other chemicals shall not exceed the amount permitted by other codes of the state, county or village.
(9) Trash Receptacles. All solid waste products, including empty packing boxes, that result from any permitted principal, conditional, or accessory use shall either be disposed of, stored in buildings, or completely enclosed in containers. Such building, container, or dumpster shall be located in a side or rear yard and shall comply with the applicable parking setback set forth in Schedule 150.274(B) and shall be screened in accordance with the provisions set forth in § 150.399, Screening of Accessory Uses and Structures.
(10) No activities shall be established which, when conducted in compliance with the provisions of this Code, are or may become hazardous, noxious, or offensive due to the emission of odor, dust, smoke, cinders, gas, or fumes.
(Ord. 2023-03, passed 2-27-2023)