Chapter 18.140
PERFORMANCE STANDARDS
Sections:
18.140.010 Purpose and objectives.
18.140.030 State agency notification.
18.140.040 Performance standards review.
18.140.050 Locations where determinations are to be made for enforcement of performance standards.
18.140.060 Dangerous and objectionable elements.
18.140.010 Purpose and objectives.
The following performance standards are intended to ensure that all industries will provide necessary modern control methods to protect the city from hazards and nuisances; to set objective, quantitative standards for the maximum tolerated levels of frequently hazardous or annoying emissions; and to protect any industry from arbitrary exclusion or persecution based solely on the characteristics of that type of industry’s past uncontrolled operation. [Code 1997 § 12-135-010.]
18.140.020 General.
No land or building devoted to uses authorized by this chapter shall be used or occupied in any manner so as to create dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration, smoke, dust, odor, or other form of air pollution; heat, cold, dampness, glare, electrical, or other disturbance; liquid or solid refuse or waste; or other substance, condition, or element in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises. The foregoing are hereinafter referred to as “dangerous or objectionable elements.” [Code 1997 § 12-135-015.]
18.140.030 State agency notification.
The planning director shall confirm to the planning commission and city council that the Environmental Health Services Section of the State Health Division is informed of all applicants for conditional use permits for industrial uses. [Code 1997 § 12-135-020.]
18.140.040 Performance standards review.
In addition to meeting other application requirements for a conditional use permit, parties seeking conditional use permit for an industrial use shall include in the application a description of the proposed machinery, products, and processes to be located at the development. If, in its opinion, the proposed use may cause the emission of dangerous or objectionable elements, the city council or planning commission may refer the application for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in this chapter. Such consultant shall report as promptly as possible. A copy of such report shall be promptly furnished to the applicant. The cost of such expert report shall be borne by the applicant.
(1) Ruling by Planning Commission. Within 20 days after the commission has received the aforesaid application agreed to by the applicant, the commission shall determine whether reasonable measures are being employed to assure compliance with the applicable performance standards. On such basis, the commission may recommend approval or disapproval of a conditional use permit or may recommend a modification of the proposed plans, construction specifications, device or operation to the city council. The city council shall carefully consider the recommendations of the planning commission before acting on the conditional use.
(2) Conditional Compliance. Any permit so authorized and issued shall show only that reasonable measures are being taken. It shall not relieve the applicant of the responsibility of meeting such standards when the plant is actually in operation; and, in case of failure to perform in accordance with the standards, whatever additional devices or modifications in process shall be necessary to achieve full compliance with the standards, shall be the sole responsibility of the applicant.
(3) Continued Enforcement. The planning director shall investigate any purported violation or performance standards and, if necessary for such investigation, may request that the city council employ qualified experts. Should the violation of performance standards threaten the public health, safety, or welfare, the city council may, after due notice and hearing, order the offending plant to cease operation until proper steps are taken to correct the conditions which cause the violation. The services of any qualified experts, employed by the city council to advise in establishing a violation, shall be paid by the violator if said violation is established in a hearing, otherwise by the city. Operation of a plant ordered to cease operation pursuant to this subsection shall be a class C misdemeanor for each day of such use. [Code 1997 § 12-135-025.]
18.140.050 Locations where determinations are to be made for enforcement of performance standards.
The determination of the existence of dangerous and objectionable elements may be made at any point; provided, however, that the measures having to do with noise, vibration, odors, or glare shall be taken at the property line of the establishment. [Code 1997 § 12-135-030.]
18.140.060 Dangerous and objectionable elements.
(1) Noise. All industries shall be required to comply with the Riverton City noise ordinances found in the Riverton City Code.
(2) Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at the points of measurement specified, nor shall any vibration produced exceed 0.002g peak at up to 50 cps frequency, measured at the point of measurement using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50 cps frequency or a periodic vibration shall not induce accelerations exceeding 0.001g. Single impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g.
(3) Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air at the points of measurement or at the point of greatest concentration. Any process that may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1959, by Manufacturing Chemists’ Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.
(4) Glare.
(a) Direct Glare. “Direct glare” is defined for the purposes of this title as illumination visible at the points of measurement caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature processes as welding, or petroleum or metallurgical refining.
No such direct glare shall be permitted, with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60 degrees if the luminary is not less than six feet above the ground. Such luminary shall be placed no higher than the principal structure on the site if attached to said structure and, if not attached to the principal structure, no higher than 20 feet unless the zoning administrator determines that special operational circumstances of the subject property require higher light standards. The maximum illumination at ground level shall not be in excess of three foot-candles.
(b) Indirect Glare. “Indirect glare” is defined for the purposes of this title as illumination visible at the points of measurement caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface not to exceed:
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0.3 foot-candle (maximum) |
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0.1 foot-candle (average) |
Deliberately induced sky reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited without the issuance of a temporary sign permit. [Amended during 2011 recodification. Code 1997 § 12-135-035.]