§ 190.326 PERFORMANCE STANDARDS.
   Uses permitted within any district shall conform to the following standards of use, occupancy and operation.
   (A)   Smoke, dust, dirt and fly ash. It shall be unlawful for any person, firm or corporation to permit the emission or discharge of any smoke, dust, dirt or fly ash in quantities greater than prescribed in the codes and ordinances of the city.
   (B)   Open storage. The open storage of any equipment, vehicles and all materials, including wastes, shall be screened from public view, from a public street and from adjoining properties by an enclosure consisting of a wall or an obscuring fence not less than eight feet in height, except as otherwise provided herein. Scrap, junk cars and other junk materials shall not be piled or stacked as open storage to a height in excess of 25 feet. Sand, gravel, aggregate, slag or other materials of this nature, piled or stored outside buildings shall not exceed the height of 40 feet.
   (C)   Glare and radioactive materials. Glare from any process which emits harmful rays shall be completely shielded from public view. Radioactive materials and wastes, and including electromagnetic radiation such as X-ray machine operation, shall not emit radiation at levels which exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.
   (D)   Fire and explosive hazards.
      (1)   The storage, utilization or manufacture of materials, goods or products ranging from incombustible to moderate burning, as determined by the Fire Chief, is permitted, subject to compliance with all other performance standards above-mentioned.
      (2)   The storage, utilization or manufacture of materials, goods or products ranging from free or active burning to intense burning, as determined by the Fire Chief, is permitted subject to compliance with all other yard requirements and performance standards previously mentioned, and providing that the following conditions are met.
         (a)   Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls, which meet the requirements of the Building Code of the city.
         (b)   All such buildings or structures shall be set back at least 40 feet from lot lines and all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.
         (c)   The storage and handling of flammable liquids, liquefied petroleum, gases and explosives shall comply with the state rules and regulations as established by Public Act 110 of 2006, as amended.
   (E)   Noise.
      (1)   Levels of noise shall be controlled in accord with Title XIII of this code of ordinances.
      (2)   Noise from any use of property shall not exceed 55 DBA as measured at the property line of the use emitting such noise. Exceeding this level shall constitute prima facie evidence that such noise unreasonably disturbs the comfort, quiet and repose of persons in the area. The “DBA” represents the sound pressure level in decibels measured on the “A” scale of a standard level meter. Temporary uses such as lawn mowers, snow blowers and portable generators are excepted provided such uses does not exceed one hour per 24 hours. Portable generators may be utilized for the entire period of a power outage.
(Prior Code, App. A, § 2405) (Ord. 1277, passed 4-2-2007)