§ 542. General Requirements.

542.1.   Noise disturbance.

No person shall make, continue, or cause to be made any noise disturbance, in accordance with the Manatee County Noise Ordinance (Section 2-21, Article II, Code of Ordinances). The Noise Ordinance is enforceable by trained law enforcement officers and code enforcement officers who have met the required Manatee County standards for noise enforcement as registered with the Florida Department of police standards and training. Documented violations may be reported directly to the Office of the State Attorney.

542.2.   Odors.

All commercial and industrial uses shall be operated in accordance with the Manatee County Air Regulations.

542.3.   Vibrations.

In zones as indicated in Table 5-4, below, no use shall cause either (a) a steady state, earthborne oscillation that is continuous and occurring more frequently than one hundred (100) times per minute; or (b) an impact earthborne oscillation with discrete pulses at or less than one hundred (100) per minute with a displacement exceeding the following maximums.

Table 5-4: Maximum Permitted Steady Vibration Displacement (in inches)

Frequency (cycles per second)	Commercial and Light Manufacturing Zoning Districts	Heavy Manufacturing and Extraction Zoning Districts	All Other Zones
10 and below	.0020	.0039	.0008
10—20	.0010	.0022	.0005
20—30	.0006	.0011	.0003
30—40	.0004	.0007	.0002
40—50	.0003	.0005	.0001
50—60	.0002	.0004	.0001
60—70	.0001	.0004	.0001

 

1.

Ground vibration caused by motor vehicles, trains, aircraft, or temporary construction or demolition is exempted from these limits.

2.

Maximum Permitted Impact Vibration Displacement (in inches): No vibration which is discernible to the human sense of feeling for three minutes or more in any hour between 7:00 a.m. and 10:00 p.m. or for 30 seconds or more in any one hour between 10:00 p.m. and 7:00 a.m. shall be permitted. No vibration at any time shall produce an acceleration of more than 0.1 gram shall result in any combination of amplitudes and frequencies beyond the "safe" range as listed in the current edition of Table #71, U.S. Bureau of Mines Bulletin.

542.4.   Visual Emissions.

No use shall cause or allow emission of smoke or other particulate matter into the atmosphere in excess of the standards set forth in current County, State or Federal air regulations. Emissions shall be completely and effectively confined within the building, or regulated so as to prevent any nuisance, hazard, or other disturbance from being perceptible at any lot line of the premises on which the use is located.

542.5.   Glare.

No light source shall produce glare which may have an adverse impact on use of any rights-of-way or other property. To prevent such glare all outdoor lighting shall comply with Section 806 (Outdoor Lighting).

542.6.   Humidity, Heat and Cold.

No vapor shall be emitted from a site which may have an adverse impact on the safe use of any rights-of-way. When located in a zone subject to the use regulations specified in Table 5-5 below, all commercial and industrial uses shall be operated so as not to produce an adverse impact of humidity, heat, or cold which is readily detectable without instruments by the average person at the following points of determination:

Table 5-5: Adverse Impacts Point of Determination

Zoning Where Uses are Located	Point of Determination
Light Manufacturing (LM)	At or beyond the project site under single ownership
Heavy Manufacturing (HM) or Extraction (EX)	At or beyond the project site under single ownership when adjacent to residential zoning districts
All Other Districts	At or beyond the project site under single ownership containing the use

 

542.7.   Hazardous Materials and Toxic Substances.

A.

Applicability. Any biological or chemical substance exceeding the minimum quantities listed in:

1.

List of extremely hazardous substances, as published by U.S. Environmental Protection Agency, Title 40 Code of Federal Regulations (CFR), Part 355, as amended.

2.

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) chemicals, published by U.S. Environmental Protection Agency as Title III List of Lists, consolidated list of chemicals subject to reporting under Title III, of the Superfund Amendments and Reauthorization Act (SARA) of 1986, as amended.

3.

Hazardous chemicals [for] which the Occupational Safety and Health Administration (OSHA) requires a Material Safety Data Sheet (MSDS) to be maintained, as amended.

4.

Toxic chemicals as published by the U.S. Environmental Protection Agency, Section 313, Toxic chemical list and 40 CFR 372, as amended.

5.

Hazardous chemicals as published under 49 CFR 172.101 and appendices, as amended, by the United States Department of Transportation.

B.

Notification. All property owners and facility operators shall conform to the Environmental Protection Agency requirements of Title 40 Code of Federal Regulations (CFR) Parts 300 and 355 and any amendments thereof, for Chemical Notification, Facility Representative Designation and Emergency Notification.

C.

Facility and Operations Plan. Any site or facility which uses or proposes to use, generate or store hazardous materials and toxic substances in quantities exceeding the specified threshold listed in subsection A, above, as part of its operation shall submit to the Manatee County Parks and Natural Resources Department and the appropriate Fire District a written assessment of the potential impacts on human health and safety and the environment should there be a system failure at any point in the materials flow. This assessment shall include a description of the facility and its proposed operations, the type of materials to be used, process flow, storage methods, safety provisions and contingency plan, emissions, effluents and waste to be generated, and planned pollution control measures, waste minimization techniques and planned waste processing and disposal. Evidence of sufficient liability insurance and a performance bond shall be submitted.

D.

Hazardous Sites and Facilities. Property owners and facility operators of hazardous material and toxic substances, sites and facilities existing on the effective date of this Code shall comply with the requirements of this Part.

E.

Site Requirements. In addition to the requirements of Federal, State and other County Codes, all sites for the use, storage and production of extremely hazardous substances in quantities stipulated in subsection A, above shall be located and contained in a suitable room(s) located, properly labeled and alarmed for safe keeping.

1.

All storage allowed by the Manatee County Parks and Natural Resources Department and the appropriate Fire District, to be exterior to the structure shall be located within a six (6) foot fence locked under management control.

2.

Adequate containment facilities shall be sized and located so as to accommodate and contain all accidental spillage. Computation shall be submitted to the Manatee County Parks and Natural Resources Department and Fire District to justify all containment structures.

3.

The type, quantity, and location of all extinguishing components shall also be submitted for review by the Manatee County Parks and Natural Resources Department and appropriate Fire District.

4.

All activities and all storage of extremely hazardous substances at any point, shall be provided with adequate safety devices against fire and explosion with firefighting and fire-suppression devices and equipment.

F.

Building Permit Requirement. No building permit for any type of construction, except related retrofit construction to achieve compliance shall be issued on any lot for which a known violation of this Section exists. The Manatee County Parks and Natural Resources Department and appropriate fire district shall notify the Building and Development Services Department of all cited violations. The Building and Development Services Department shall review all building permit applications, conduct inspections both during construction and after occupancy, including conducting Code Enforcement investigations, all with respect to the requirements of this section.

G.

Hazardous Material Discharges. No discharge, at any point, into a sewage system, stream, or ground of any material in such a way, or of such a nature or temperature to contaminate any running stream, water supply or earth; or otherwise cause the emission of any dangerous or objectionable elements; or the accumulation of wastes conducive to the breeding of rodents or insects shall be permitted.

H.

Hazardous Material Emergencies. The Manatee County Parks and Natural Resources Department, Department of Public Safety, Emergency Management Service, and the appropriate Fire District may cause any hazardous material which is an immediate danger to persons or property to be removed immediately at the expense of the owner, agent, lessee, or facility operator. The building and site shall be posted as "Unsafe," and shall not be occupied until an inspection of the premises is conducted and determined safe by the appropriate County agencies. A building permit shall be obtained for all related retrofit construction to achieve compliance.

I.

Airborne Releases. The release of airborne toxic matter shall comply with applicable Federal, State and County regulations. Maximum concentrations across lot lines at habitable elevations shall not exceed those concentrations established by the Federal, State and County governments as being acceptable to the general population.

J.

Facility Closure. Prior to the termination of a business, abandonment, sale, or change in use, or temporary closure for more than thirty (30) days, any business which has used, generated, or stored hazardous materials and toxic substances in quantities indicated in subsection A, above, shall submit to the Manatee County Parks and Natural Resources Department and appropriate Fire District evidence that all contaminated portions of the facility and site have been remediated in compliance with federal and state standards and all hazardous materials have been properly processed and disposed of. No property use shall be considered terminated and no new use begun until evidence of such remediation has been provided and a site inspection has been conducted by the Manatee County Parks and Natural Resources Department and the appropriate Fire District to evaluate the facility and site condition. The facility operator or property owner shall provide at their joint or single expense all soil and water sampling necessary to assure that no contamination is present, should the County determine there is evidence of possible contamination. The Manatee County Parks and Natural Resources Department and the appropriate Fire District will provide a written inspection and compliance report to the property owner and facility operator. A final inspection and compliance report by the Manatee County Parks and Natural Resources Department and the appropriate Fire District shall be a prerequisite for any further development order to be issued at that site.

K.

Fire and Explosive Hazards. The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided that said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls, protected with an automatic fire alarm and appropriate extinguishing systems in accordance with all NFPA standards, and Manatee County Building and Fire Codes.

1.

In all industrial districts, the storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

2.

The storage, utilization or manufacture of flammable or combustible liquids or gases shall be permitted if the storage, utilization or manufacture is in compliance with the National Fire Protection Association Flammable and Combustible Liquids Code #30 and Flammable Gases Code #58, latest edition. Flammable liquid and gas storage tanks and drums shall not be less than twenty-five (25) feet from all lot lines. Tanks and drums of one hundred twenty-five (125) gallons or less associated with single family and duplex dwellings are exempted from this twenty-five (25) foot requirement. However, such tanks and drums shall not be located within an easement or front yard.

L.

Radioactive Substances. The storage, utilization, manufacture or handling of any radioactive substances contained in one or more containers within lot lines shall be governed by the Florida Department of Health as set for under Chapter 404, Florida State Statutes and the Florida Administrative Code, Chapter 64E-5. All persons handling, storing, manufacturing, or transporting radioactive substances shall comply with these requirements.

(Ord. No. 16-24 , § 3(Exh. A-5), 11-15-16)