§ M-1.11 Performance

STANDARDS

A. Purpose Performance standards regulating industrial development and activity within the City are intended to:

1. Permit industrial land uses to be measured factually and objectively.

2. Ensure that all industries provide methods that protect the community from hazards that are preventable by legitimate processes of control and nuisance elimination.

3. Protect industries from arbitrary exclusion or persecution based solely on subjective determinations of industrial performances made in the past.

B. Applicability Performance standard provisions of this Section must be applicable to any use established in this zoning district in either of the following instances:

1. If any use, building or other structure, established prior to the effective date of this ordinance is extended, enlarged, moved, structurally altered, or reconstructed, the change in building or land use or configuration must be in full compliance with this provision. Uses lawfully established prior to the effective date of this Ordinance, and not being extended, enlarged, moved, structurally altered or reconstructed, must fully comply with applicable industrial performance standards existing at the time of use establishment or at the time of most recent structural alteration.

2. Any use established, any building or structure constructed, or tract of land developed for any permitted, special, or accessory use in this zoning district must comply with all of the performance standards herein set forth.

C. Procedure Showing of Probable Compliance - Uses, buildings, or structures required to comply with this provision must make a showing of probable compliance with these performance standards prior to undertaking any alteration. The showing must be in the form of a letter submitted with the zoning application (or building application if proper industrial zoning already exists) prepared by a professional engineer, licensed by the State of Iowa, certifying that the use, building, or structure complies with all industrial performance standard requirements. The letter must be based on the engineer's personal scrutiny of the site and proposed use or alteration, and must have analytical foundation in accepted engineering principles. In addition, the Planning and Zoning Commission may require the applicant to submit:

1. A plot plan showing the location of all present and proposed structures, drives, parking lots, waste disposal areas, bulk storage areas, streets, streams, or other significant features on or within two hundred (200) feet of the proposed site.

2. A description of the activity to be conducted regarding waste products, external effects, or other conditions that are regulated herein; provided, however, that the applicant must not be required to reveal any trade secrets or sufficient detail with regard to a process that would cause any secret process or manufacturing procedure for a closely guarded proprietary compound or product to become public knowledge and be available to competitors.

3. The type and location of abatement devices to control, or recording instruments to measure conformance with required standards, not including devices and instruments that are inherent in the manufacturing process.

4. Such other data and certification as may reasonably be required by the Planning and Zoning Commission to reach a determination.

5. All information and evidence submitted in applications to indicate conformity to performance standards must constitute a certification and an agreement on the part of the applicant that the proposed use can and will conform to such standards at all times.

D. Administrative Options The Planning and Zoning Commission may approve and authorize the establishment of the use, building, or structure if all pertinent provisions of this Ordinance and other applicable ordinances are complied with. If, however, the Planning and Zoning Commission determines that the proposed use, building, or structure may not comply with performance standards, they may inform the applicant that either more information is necessary or that an independent engineering analysis of the proposed use, building, or structure is required prior to final City Council approval.

E. Need for Independent Engineering Analysis If the Planning and Zoning Commission determines that reason exists to doubt the compliance with any applicable performance standard provision, a state licensed professional engineer of the City’s choosing—but acceptable to the petitioner—may be asked to analyze the prospects of compliance. Costs of such analysis must be paid by the applicant.

F. Use of Independent Engineering Analysis Upon submission of an independent engineering analysis authorized by the City, the Planning and Zoning Commission must authorize establishment of the use, building, or structure if the independent analysis confirms probable compliance with this provision and if all other applicable provisions of this and other City ordinances are satisfied. If, however, the independent engineering analysis indicates that the proposed use, building, or structure is not likely to comply with this provision, then the application must be denied until such time that the proposal is able to comply fully.

G. Appeal of Administrative Determination Action, or a lack of action by the Planning and Zoning Commission, with reference to these performance standards may be appealed to the City of Tiffin Board of Adjustment. In instances when no action has been taken by the Planning and Zoning Commission within 120 days after formal filing of the application, the lack of action may be appealed to the City of Tiffin Board of Adjustment.

H. Continued Enforcement

1. The Planning and Zoning Commission must investigate any purported violation of performance standards. Uses, buildings, or structures lawfully established prior to the effective date of this Ordinance and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards. Alleged violations may be brought to the City Council’s attention by employees of that office, or by, County, or State law enforcement, health, or environmental employees or officials or citizens. If a violation is alleged, the Planning and Zoning Commission must inform the suspected perpetrator and must initiate an independent engineering analysis consistent with the analysis procedure outlined herein. Administrative determinations made in conjunction with the analysis may be appealed in the same manner heretofore outlined.

2. Revocation of Permits If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure are void and the operator must cease operation until the violation is remedied. Failure to cease operation within two days of notice to do so by the City constitutes an aggravated violation of this Ordinance and the penalty provision cited in Section 13 may be imposed.

I. TECHNICAL PROVISIONS

1. Noise

a. To measure the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer may be employed. The flat network and the fast meter response of the sound level meter may be used. Sounds of short duration that cannot be measured accurately with the sound level meter, may be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) must be used with the following tables. The suspected perpetrator will be required to hire at the approval of the City, a consultant to measure, record, and report to the City Council results about compliance with the City Zoning Ordinance. The owner of the use of the suspected noise violation will incur all costs.

b. Maximum Permitted Sound Level Octave Bank Frequency Cycles per Second Decibels 0 through 74 58 75 through 149 54 150 through 299 50 300 through 599 46 600 through 1,199 40 1,200 through 2,399 33 2,400 through 4,799 26 4,800 and over 20

c. Exceptions The following uses and activities must be exempt from the noise level regulations in the M-1 District:

i. Noises not directly under control of the property user.

ii. Noises emanating from construction and maintenance activities between 7:00 A.M. and 10:00 P.M. Such activities are those that are non-routine operations accessory to the primary activities, and that are temporary in nature, or conducted infrequently.

iii. The noises of safety signals, warning devices, and emergency pressure relief valves.

iv. Transient noises of moving sources such as automobiles, trucks, airplanes, and railroads.

v. At no point along the boundary of a residential district or along an adjacent lot must the sound pressure level of any operation or plant exceed the decibel limits in the octave bands designated below

2.. Vibration

a. Any industrial operation or activity that must cause at any time and at any point along the nearest adjacent lot line, earth borne vibrations in excess of the limits set forth in Column I of the following Tables (d) and (e) is prohibited.

b. In addition, any industrial operation or activity that must cause at any time and at any point along a residential district boundary line, earth borne vibrations in excess of the limits set forth in Column II of the following Tables is prohibited.

c. Exceptions: The following uses and activities must be exempt from the vibration level regulations:

i. Vibrations not directly under the control of the property user.

ii. Vibrations emanating from construction and maintenance activities between 7:00 A.M. and 9:00 P.M. Such activities are those that are non-routine operations accessory to the primary activities and that are temporary in nature, or conducted infrequently.

iii. Transient vibrations of moving sources such as automobiles, trucks, airplanes, and railroads.

iv. Vibrations must be expressed as displacement in inches and must be measured with a three-component measuring system approved by the Zoning Administrator.

d. Maximum Permitted Steady-State Vibration Displacement Level I.* II* Frequency Displacement Displacement (Cycles per Second) (Inches) (Inches) 0 through 9 0.0008 0.0004 10 through 19 0.0005 0.0002 20 through 29 0.0003 0.0001 30 through 39 0.0002 0.0001 40 and over 0.0001 0.0001

*Steady-state vibrations, for purposes of this Ordinance, are vibrations that are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses that do not exceed 100 per minute, must be considered impact vibrations, and must not cause in excess of twice the displacement stipulated.

e. Maximum Permitted Impact Vibration Displacement Level: I* II* Frequency Displacement Displacement (Cycles per Second) (Inches) (Inches)_ 0 through 9 0.0016 0.0006 10 through 19 0.0010 0.0003 20 through 29 0.0006 0.0002 30 through 39 0.0004 0.0001 40 and over 0.0002 0.0001

**Impact vibrations, for purposes of this Ordinance, are vibrations that occur in discrete impulses separated by an interval of at least one (1) minute and numbering not more than eight in any 24-hour period.

3. Smoke and Particulate Matter The emission, from all sources within any lot, or particulate matter containing more than 5% by weight of particles having a particle diameter larger than 44) microns is prohibited. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot must be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means. Emission of particulate matter from such sources in excess of the weight limitations specified herein is prohibited. The emission of smoke or particulate matter of a density or equivalent opacity equal to, or greater than, No. 2 on the Ringelmann Chart is prohibited at all times, except as otherwise provided herein. (The Ringelmann Chart is the chart published by the United States Bureau of Mines).

a. Smoke Emission In the M-1 zone, the emission of more than 12 smoke units per stack in any one hour period is prohibited. However, once during any six hour period each stack must be permitted up to 12 additional units in a 15 minute period for soot blowing and fire cleaning. Only during such 15 minute periods must smoke of a density or equivalent opacity equal to, but not exceeding, Ringelmann No. 3 be permitted, and then only for fire cleaning and for not more than four minutes per period.

b. Particulate Matter The rate of emission of particulate matter from all sources within the boundaries of any lot must not exceed the rate established in the Table below:

c. Maximum Permitted Particulate Mater Emission Rate Height of Emission Pounds Per Hour

(Feet) Per Acre 0 through 49 1.00 50 through 99 1.01 100 through 149 1.06 150 through 199 1.10 200 through 299 1.16 300 through 399 1.30 400 and over 1.50

d. Method of Measurement

i. Smoke – To grade the density or equivalent opacity of emission of smoke, the Ringelmann Chart must be employed. To determine smoke units, the Ringelmann reading must be made at least every minute during the period of observation. Each reading (Ringelmann number) must be multiplied by the time in minutes for which it is observed, and the products added together to determine the total number of smoke units observed during the total period of observation.

ii. Particulate Matter - The total net rate of emission of particulate matter within the boundaries of any lot must be determined as follows: Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the hourly rate of emission in pounds per acre. Add together the individual rate of emission as derived above to obtain the total rate of emission from all sources of emission within the boundaries of the lot. This total must not exceed the rate established in the preceding Table.

4. Odors No continuous, frequent, or repetitive emission of odors or odor-causing substances that would be offensive beyond any property line of any industrial use will be permitted. An odor emitted no more than15 minutes in any one day must not be deemed as continuous, frequent, or repetitive within the meaning of these regulations. The existence of an odor must be presumed when analysis by a competent technician demonstrates that a discernible odor is being emitted. Any process that may involve the creation or emission of any odors must be provided with a primary and a secondary safeguard system so that control will be maintained if the primary safeguard system fails. The rules and regulations of the Iowa Environmental Protection Agency must be complied with.

5. Radiation Hazards The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive wastes must not be allowed in the M-1 District. .

6. Fire and Explosive Hazards

a. The provisions of Iowa Code §§93.143-156 of the must be complied with, and no explosives may be stored, used, or manufactured without first petitioning the City, and the use must receive a certificate of compliance from both the State of Iowa and the Tiffin Fire Association.

b. No gasoline or other inflammables or explosives must be stored unless the location, plans, and construction conform to the laws and regulations of the State of Iowa and have the approval of both the State Division of Fire Prevention of the Department of Public Safety and the Tiffin Fire Association.

7. Glare and Heat Every use and activity must be so operated that it does not emit heat or heated air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare must emanate from any use or activity that is visible at any point on or beyond the boundary of the lot on which such activity is located. This restriction does not apply to signs otherwise permitted by the provisions of the Zoning Ordinance or other applicable ordinances, not to activities of a temporary or of an emergency nature, nor to night lighting necessary for safety and the protection of property.

8. Electromagnetic Interference There must be no electromagnetic interference that adversely affects the operation of any equipment other than that belonging to the creator of such interference, or that does not conform to the regulations of the Federal Communications Commission.