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Chesterfield |
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Code of Ordinances |
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Code of Ordinances |
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Chapter 76. Zoning |
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Article V. Environmental Provisions |
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76-178. Performance standards. |
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It is the intent of this section to regulate all uses except industrial [see subsections 76-442(g), 76-443(f) and 76-444(f)] and require that each permitted use shall be a good neighbor to adjoining properties by control of noise, odor, glare, vibration, smoke, dust, liquid wastes, radiation, radioactivity, etc. The performance standards set forth in this section shall be complied with. Any use which fails to comply with these standards shall be in violation of this section and be subject to penalties as accorded by law. The sum of the effects of concurrent operations on two or more lots measured at any property line shall not be greater or more offensive to the senses than the standards contained in this section. Compliance with the provisions of this section by single or mutual changes in operational levels, scheduling of operations and other adjustments is permitted. In case of conflict among these standards and federal and state regulations, the most restrictive standard or regulation shall apply. The township board may enforce any such standard or regulation.
(1)
Noise. Noise shall not exceed 60 decibels (db(A)) equivalent daytime
and 55 decibels equivalent nighttime, as measured at any site line.
In no case shall the maximum noise level exceed 60 decibels.
(2)
Odors. Odors from any use shall not be discernible at the property
line to a greater degree than odors from plants for the manufacture
of electronic equipment. The values given in Table III (Odor Thresholds)
in the latest revision of chapter 5, Physiological Effects, in the
Air Pollution Abatement Manual, by the Manufacturing Chemists' Association,
Inc., Washington, D.C., copyright 1951, shall be used as standard
in case of doubt concerning the character of odors emitted. In such
case, the smallest value given in such Table III shall be the maximum
odor permitted.
(3)
Glare. Glare, whether direct or reflected, such as from floodlights
or high temperature processes, and as differentiated from general
illumination, shall not be visible at any property line.
(4)
Vibration. Vibration shall not be discernible at any property line
to the human sense of feeling.
(5)
Smoke. Emission of smoke on the site shall be controlled so that
a nuisance will not result. Emission of smoke shall not exceed the
number 1 standard as established by the Ringelmann chart.
(6)
Gases. Fumes or gases shall not be emitted at any point in concentrations
or amounts that are noxious, toxic or corrosive.
(7)
Electrical radiation. Electrical radiation shall not adversely affect
at any point any operations or any equipment other than those of the
creator of the radiation.
(8)
Utilities underground. All lines for telephone, electric, television
and other similar services distributed by wire or cable shall be placed
underground entirely throughout the development area, except for major
thoroughfare right-of-way, and such conduits or cables shall be placed
within private easements provided to such service companies by the
developer or within dedicated public ways. Overhead lines may be permitted
by not less than six affirmative votes of the township planning commission
at the time of final approval where it is determined that overhead
lines will not constitute a detriment to the health, safety, general
welfare or area design. All such facilities placed in dedicated public
ways shall be planned to not conflict with other underground utilities.
All such facilities shall be constructed in accordance with standards
of construction approved by the state public service commission. All
underground utility installations which traverse privately owned property
shall be protected by easements granted to the appropriate authority
by the applicant.
(9)
Air-borne matter generally. There shall not be discharged from any
source such quantities of air contaminants or other materials which
cause injury, detriment or nuisance to the public, or which endanger
the comfort, repose, health or safety of persons, or which cause injury
or damage to business or property.
(10)
Storage of hazardous substances.
a.
Definition of hazardous substances. Hazardous substances include
hazardous chemicals as defined by the state department of public health
and the state department of labor. Hazardous materials are defined
by the U.S. Department of Transportation. Critical materials and polluting
materials are defined by the state department of natural resources.
Hazardous waste is defined by the state department of natural resources.
b.
Applicability. These provisions apply to all businesses and facilities
which use, store or generate hazardous substances in quantities greater
than 100 kilograms per month (equal to about 25 gallons or 220 pounds).
c.
Aboveground storage.
1.
Primary containment of hazardous substances shall be product-tight.
2.
Secondary containment of hazardous substances shall be provided
for all facilities, subject to site plan review. Secondary containment
shall be sufficient to store the substance for the maximum anticipated
period of time necessary for the recovery of any released substance.
3.
Outdoor storage of hazardous substances is prohibited except
in product-tight containers which are protected from weather, leakage,
accidental damage and vandalism. Secondary containment shall be sufficient
to store the substance for the maximum anticipated period of time
necessary for the recovery of any released substance, including an
allowance for the expected accumulation of precipitation.
4.
At a minimum, state and federal agency requirements for storage,
leak detection, recordkeeping, spill prevention, emergency response,
transport and disposal shall be met.
d.
Belowground storage.
1.
At a minimum, regulations of the state department of natural
resources, state fire marshal division and the township for the installation,
inspection, maintenance of a leak detection system, inventory and
recordkeeping, emergency response and closure must be met.
2.
All underground storage tanks which have been out-of-service
for nine months or longer shall be removed from the site before a
building permit is issued. This requirement may be adjusted by the
fire chief in situations where a clear timetable for the safe use
of the underground tank is established.
e.
Plan review and approval. Site plans for facilities with hazardous
substances shall be reviewed by the fire chief or his designee prior
to the approval by the planning commission.
(11)
Signs. Whenever a sign is reviewed for permit or variance, the
following general standards shall be applied regarding the sign's
character or its relationship to its setting:
a.
Distractions to motorists using the public highways and entrances
and exits to this and nearby properties.
b.
Overload the viewer's sensory capacities through one or more of the
following defects:
1.
Color: poor combination, too many or too vivid.
2.
Type face: too many combinations, no variety, illegible or too
bold.
3.
Size: too big or too small.
4.
Shape: dramatically irregular.
5.
Lighting: glaring, weak, jerky or too bright.
6.
Location: too low, too high, too close to, or too distant from
other physical features not related to use.
7.
Mechanical movement which is unnecessary.
c.
Whether or not the sign has been altered or changed in any way from
the time of the issuance of the last permit.
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| Ord. No. 110, § 5.07, eff. 11-1-1996 |