§ 3-9-75. Industrial performance standards.

(a)

Generally. In addition to standards imposed by other governmental authorities, including the state department of environmental regulation, the standards in this section shall apply to the permitting of industrial uses.

(b)

Radioactive emission. There shall be no radiation emitted from materials or byproducts that creates a dangerous level of radioactivity at any point. Radiation emission shall not exceed those levels established as safe by the United States Bureau of Standards. Radioactive material storage or disposal of radioactive waste is prohibited.

(c)

Electromagnetic interference. Electromagnetic interference shall be defined as disturbances of an electromagnetic nature which are generated by the use of electrical equipment, other than sources of electromagnetic energy, which disturbances interfere with the operation of electromagnetic receptors. It shall be unlawful for any person to operate or cause to be operated any source of electromagnetic radiation for any purpose unless such source shall comply with then applicable regulations of the Federal Communications Commission. Further, operations in compliance with Federal Communications Commission regulations shall be unlawful if such radiation causes an abnormal degradation in the performance of other electromagnetic receptors or electromagnetic radiators because of proximity, primary field, blanketing spurious reradiation, conducted energy and power or telephone systems or harmonic content. The determination of "abnormal degradation in performance" shall be made in accordance with good engineering practices as defined in the principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Radio Manufacturers' Association. In case of any conflict between the standards and principles of the above named groups, the following priority of interpretation shall apply:

(1)

American Institute of Electrical Engineers;

(2)

Institute of Radio Engineers; and

(3)

Radio Manufacturers' Association.

It shall be unlawful for any person to operate or maintain without a permit any source of electromagnetic energy, the radiated power from which exceeds one thousand (1,000) watts.

(d)

Smoke; dust; dirt. Emission of visible smoke, dust, dirt, fly ash or any particulate matter from any pipes, air vents or other openings or from any other source into the air shall meet state department of environmental regulation standards. Fuels shall be smokeless or shall prevent emission of fly ash or cinders into the air.

(e)

Fumes; vapors; gases. It shall be unlawful for any person to emit fumes, vapors or gases of a noxious, toxic or corrosive nature which cause danger to humans, animals, vegetation or any form of property.

(f)

Sewage; industrial waste. It shall be unlawful for any person to discharge liquid or solid waste into any public sewage disposal system which shall overload such system or create detrimental effects in the flow and treatment of public sewage. It shall be unlawful for any person to discharge any industrial waste into any private sewage disposal system, stream or the ground of any kind or nature which would contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements or conditions. It shall be unlawful for any person to accumulate solid waste conducive to the breeding of rodents or insects. It shall be unlawful for any person to store or dispose of industrial waste, solids or liquids within the unincorporated area of the county.

(g)

Measurement of emissions. Measurement of an emission at the property line on which the principal use is located for all districts except IG and measurement of the emission at the district boundaries for all properties zoned IG shall be determined as follows:

(1)

Vibration. There shall be no perceptible earth vibration. All stamping machines, punch presses, press brakes, hot forges, steam board hammers or similar devices shall be placed on shock-absorbing mountings and on suitable reinforced concrete footings. No machine shall be loaded beyond the capacity prescribed by the manufacturer.

(2)

Heat, cold, dampness or movement of air. Activities which produce any adverse effect on the temperature, motion or humidity of the atmosphere shall not be permitted.

(3)

Noise. The permitted level of noise or sound emission shall not exceed the values in any octave band of frequency in the following table. Sound pressure levels shall be measured with a sound level meter and an octave band analyzer that conform to the specifications published by the American Standards Association.

a.

For industrially zoned property:

Maximum Sound Pressure Level in Decibels
(Decibel = 0.0002 dynes per square centimeter)

Cycles per sound	IL	IG
Below 75	70	73
75—150	65	68
150—300	57	60
300—600	50	53
600—1,200	44	47
1,200—2,400	38	41
2,400—4,800	32	35
4,800—over	30	33

 

b.

For all other property: It shall be unlawful for any person to permit the level of noise or sound emission to exceed at any time the average noise level prevailing for the same hour, as generated by street and traffic activity. The determination of noise level shall be measured with a sound level meter conforming to the specifications published by the American Standards Association.

(4)

Odor. It shall be unlawful for any person to cause or permit the emission of odorous gases or other odorous matter in such quantities as to be offensive at the points of measurement. Any process which may involve the creation or emission of any such odor shall be provided with both a primary and secondary safeguard system so that control may be maintained in the event of failure of the primary safeguard system. Chapter 5, Air Pollution Abatement Manual, copyright 1951, published by Manufacturing Chemists, Inc., Washington, D.C., is hereby incorporated in this section as a guide in determining quantities of offensive odors.

(5)

Glare. It shall be unlawful for any person to cause or permit any direct or sky-reflected glare, whether from floodlights, high temperature processing, combustion, welding or other source of high intensity lighting, so as to be visible at the points of measurement.

(h)

Administration of performance standards in industrial districts. Prior to the establishment of industrial uses in industrial districts, every person shall apply for such uses under the following procedures:

(1)

Application—Generally. Application for a building permit or a certificate of occupancy for any industrial use shall be submitted to the zoning official. The applicant shall also submit, in duplicate, a plan for the proposed construction or development, including a description of the proposed machinery operations, products and specifications for the mechanisms and techniques used in restricting the emission of dangerous or objectionable elements previously referred to in this section. The applicant shall also acknowledge, in writing, his understanding of the applicable performance standards and shall submit an agreement to conform with such performance standards at all times. Notwithstanding, no applicant shall be required to reveal any secret process or patented process and any information submitted will be treated as confidential, if so requested.

(2)

Same—Review. If, after review of the application by the zoning official, there is found to be a reasonable doubt as to the likelihood of conformance with industrial performance standards, the zoning official shall refer the application to the board of zoning appeals. The board of zoning appeals may determine whether or not the building permit or certificate of occupancy should be issued. In the event the board of zoning appeals is unable to determine whether or not the applicant will conform to the performance standards set forth in this section, the board of zoning appeals may, on its own motion, request advice and recommendation from experts or consultants in such technical fields as may be deemed necessary. The costs of such experts or consultants shall be borne by the applicant.

(i)

Enforcement. The zoning official shall cause any alleged violations of the industrial performance standards to be investigated. If there is found to be reasonable evidence that a violation exists, such violation shall be treated as a misdemeanor as provided in Chapter 63-1209, Laws of Florida.

(Minutes of 12-8-81, § 8; Ord. No. 2014-041, § 1(Exh. A), 11-25-2014)