Performance standards for commercial and industrial uses in the waterfront, downtown, limited business, general business; Metacom mixed use; or, manufacturing zoning districts and rehab LDP overlay zone
(a) Purpose. The purpose of this section is to provide performance standards in the control of commercial and industrial uses in the waterfront, downtown, limited business, general business; or, manufacturing zoning districts and rehab LDP overlay zone. These standards are designed to prevent health and safety hazards, public nuisances, and harmful effects upon the natural environment. They are also designed to permit potential industrial nuisances to be measured factually and objectively, and to ensure that all commercial and industrial uses will provide methods to protect the town from hazards which can be prevented by processes of control and elimination.
If any standards are established by state building or fire codes, by the State of Rhode Island Department of Environmental Management or department of health or by any federal agency, which conflict with the standards specified in this section, the more stringent or restrictive standards shall apply.
(b) Application of standards. The provisions of this section shall apply to any commercial or industrial use located anywhere within the waterfront (W), manufacturing (M) limited business (LB), general business (GB), Metacom Mixed Use (MMU) or downtown (D) zoning districts or rehab LDP overlay zone. If any existing use, process, building or other structure is extended, enlarged, moved, structurally altered or reconstructed, or any existing use of land is modified in any way within the W. D. LB. GB; or M zoning districts or rehab LDP overlay zone, these performance standards shall apply. Performance standards for any use or process shall be measured at the lot line; or, in a rehab LDP at a point outside the area of the building or structure, nearest the use or process being measured.
(c) Administration of performance standards. The administration of the performance standards herein set forth is charged to the zoning enforcement officer. Any proposed use or process, alteration or change to an existing use or process, or determination of compliance for an existing use or process, either as a permitted use or a nonconforming use, shall be reviewed by the zoning enforcement officer, who shall determine compliance or noncompliance herewith. Subsequent to a study of the use, the zoning enforcement officer may determine that there are reasonable grounds to believe that the use may violate the performance standards set herein and may initiate an investigation. See subsection 28-155(i) of this section.
(d) Required data. Following the initiation of an investigation, the zoning enforcement officer may require the owner or operator of any existing or proposed use to submit such data and evidence as is needed to make an objective determination. The evidence may include, but is not limited to, the following items:
(1) Plan of the existing or proposed construction and development.
(2) A description of the existing or proposed machinery, processes and products.
(3) Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the items referred to in subsections 28-155(m) through (x) of this section.
(4) Measurements of the amount or rate of emission of the items referred to in subsections 28-155(m) through (x) of this section.
(5) Certification by a registered professional engineer that the proposed use or construction would comply with the requirements and standards for the regulation of commercial and industrial processes as set forth in this section.
Failure to submit data required by the zoning enforcement officer shall constitute grounds for denying a permit for any use of land.
(e) Report by expert consultants. In the investigation of the compliance with the standards set forth in this section by any existing or proposed use, the zoning enforcement officer may require the owner or operator of the existing use or the applicant for the proposed use to provide a study and report by an expert consultant as to the compliance or noncompliance with such standards of the existing or proposed use, and advise as to how such existing or proposed use, if not in compliance, can be brought into compliance with such standards.
(f) Zoning enforcement officer's action. Within 15 days following the receipt of the required evidence, or receipt of the reports of expert consultants, the zoning enforcement officer shall make a determination as to compliance, and shall authorize the issuance of any permits which may have been withheld pending such determination. The issuance of a permit for a proposed use shall not constitute compliance with the performance standards if, after construction and operation, there is evidence of noncompliance with such standards.
(g) Required alterations. The zoning enforcement officer may require modifications or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards will be maintained. The operator shall be given a reasonable length of time to effect any changes prescribed by the zoning enforcement officer for the purpose of securing compliance with the performance standards.
(h) Zoning board to hear appeal. Any determination of the zoning enforcement officer may be appealed to the zoning board of appeals in accordance with section 28-410.
(i) Continued enforcement. The zoning enforcement officer shall investigate any purported violation of performance standards; and for such investigation may employ qualified experts to make technical determinations as described in this section. If it is found that a violation occurred or exists, a copy of such findings shall be forwarded to the town solicitor. The services of any qualified experts, employed by the zoning enforcement officer to advise in establishing a violation, shall be paid by the violator if such violation is established, otherwise by the town.
(j) Cancellation of permits. If, after the conclusion of time granted for compliance with the performance standards, the zoning enforcement officer finds the violation is still in existence, any permits previously issued shall be void, and the operator shall be required to cease operation until the violation is remedied.
(k) Reference works. All reference works or standards listed in this section shall be kept on file in the office of the town clerk.
(l) Exemptions. The following uses and activities shall be exempt from the noise and vibration level regulations of this section:
(1) Noises and vibrations not under the control of the property user.
(2) Noises and vibrations emanating from construction activities between 7:00 a.m. and 7:00 p.m.
(3) The noises of safety signals, warning devices and emergency pressure relief valves.
(4) Transient noises and vibrations of moving sources such as automobiles, trucks, airplanes and railroads.
(m) Noise. The Noise Ordinance of the Town of Bristol found in Chapter 10 of the Bristol Town Code, shall apply to all uses, processes, operations and activities regulated by this section of this chapter.
(n) Vibration. Vibration standards shall be as follows:
(1) Ground transmitted vibration shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency, particle velocity, or acceleration simultaneously in three mutually perpendicular directions. The maximum vector resultant shall be less than the vibration displacement permitted. Particle velocity may be measured directly or computed from the formula particle velocity (inches per second) = 6.28 times displacement (inches) times frequency (Hertz).
(2) Vibration shall be measured at any adjacent lot line (or adjacent building or structure in a rehab land development project), and the vibration shall not exceed the limits shown at the specified points of measurement.
(3) The maximum permissible particle velocity of the ground vibration shall be as follows:
Point of Measurement Particle Velocity Steady-State
Inches/SecondImpact
Inches/SecondLot line/building boundary 0.02 0.04
(4) For purposes of this section, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute, shall be considered impact vibrations.
(5) No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m.
(o) Smoke. No emission at any point, from any chimney or otherwise, of visible gray smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart, as published by the U.S. Bureau of Mines in August, 1955, as Information Circular 7718 (Revision of i.c. 6888), except that visible gray smoke of a shade not darker than No. 2 on such chart, may be emitted for not more than four minutes in any 30 minutes. These provisions applicable to visible gray smoke, shall also apply to visible smoke of a different color, but with an equivalent apparent opacity. In no case shall visible smoke emissions exceed the standards of the division of air pollution control of the state department of health.
(p) Particulate matter. Emissions of particulate matter shall meet the minimum standards of the division of air pollution control state department of health and the state department of environmental management. No emission shall be permitted which can cause any damage to health, to animals or vegetation, to property, or which can cause excessive soiling at any point.
(q) Gas. No uses shall emit noxious, toxic or corrosive fumes or gases in concentrations or amounts causing discomfort or injury to humans or harmful to vegetation or in no case, in excess of the maximum allowable concentrations permitted of those toxic materials currently listed in threshold limited values adopted by the American Conference of Governmental Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the department of health of the state, that the proposed levels will be safe to the general population. The release of airborne toxic matter shall not exceed 1/30 of the threshold limit value across lot lines.
(r) Sewage and waste. Sewage and waste shall be deposited into the public sewage system, when available, in conformance with the provisions of chapter 22 of this Code, "Sewers and Sewage Disposal." No sewage waste shall be discharged into the public sewage system which adversely affects the efficient operation of the sewage treatment plant, or any part of the system which is dangerous to the public health and safety. Liquid effluent from any use which is discharged into the ground shall at all times comply with the standards of the state department of environmental management relating to the disposal of sanitary sewage in unsewered areas. No discharge shall raise the temperature of a receiving water body above temperatures which can support normal aquatic life in such water body.
(s) Odors. Emission of odorous gases or other odorous matter released from any operation or activity shall not exceed the odor threshold concentration beyond lot lines (or area of the building in a rehab LDP) either at ground level or habitable elevation as determined by the RIDEM.
(t) Toxic matter. The measurement of toxic matter shall be at ground level or habitable elevation, and shall be the average of any 24-hour sampling period. The release of airborne toxic matter across lot lines (or area of the building in a rehab land development project) shall not exceed 1/30 of the threshold limit values as currently established by the American Conference of Governmental Industrial Hygienists.
(u) Heat and glare. No use shall carry on any operation that would produce unreasonable heat beyond the property line (or area of the building in a rehab land development project). Any manufacturing operation or activity producing glare, shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandles when measured on a neighboring property or public highway.
(v) Fire and explosive hazards. All industrial uses and storage facilities shall be approved by the town fire chief with regard to fire and explosive hazards.
(w) Radiation. Manufacturing operations shall cause no dangerous radiation at the property line (or area of the building in a rehab land development project), as specified by the regulations of the United States Nuclear Regulatory Commission.
(x) Electromagnetic interference. No use, activity, or process shall be conducted which produces electromagnetic interference with normal radio, telephone or television reception from off the premises from where the activity is conducted.
(Amend. of 1-27-21)
Cross reference— Boats, docks and waterways, ch. 8.