(a) The following nuisance performance standards and restrictions shall apply for all non-residential Uses in any of the Zoning Districts.
(1) Control of smoke, dust, dirt, fumes, vapors, gases and odors. The West Virginia Air Pollution Control Standards shall be used to control the emission of smoke, dust, dirt, fly ash, fumes, vapors, gases, or odors.
(2) Noise.
A. At no point along a Residential or Mixed Use District (as listed in Section 1325.01
) or one hundred twenty-five (125) feet from the plant or operation property line shall the sound pressure level of any operation or plant (except as otherwise noted herein) exceed the decibel limits in the octave bands designated in Table 1329-1 below.
B. Sound levels shall be measured with a sound-level meter and associated octave band filter, manufactured in compliance with the standards prescribed by the American Standards Association.
Table 1329-1, Noise Level Standards
Octave Bands Frequency (cycles per second) | Maximum Permitted Sound Level (Decibels) Along Residential District Boundaries or 125 feet from Industrial Use property line | Maximum Permitted Sound Level (Decibels) Along Commercial District Boundaries or 125 feet from Industrial Use property line |
0 to 75 | 72 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 61 | 68 |
300 to 600 | 56 | 62 |
600 to 1,200 | 50 | 56 |
1,200 to 2,400 | 45 | 51 |
2,400 to 4,800 | 41 | 47 |
Above 4,800 | 38 | 38 |
C. Exemptions. The following shall be exempt from noise performance standards:
1. Noises of construction or maintenance activities;
2. Noises of safety signals, warning devices, and emergency pressure relief valves;
3. Transient noises of moving sources such as transportation Vehicles, including trains and aircraft;
4. Other noises not under the direct control of the property user; and
5. The Use of outdoor public address systems for any purpose shall be approved by the City Engineer/Planning Director or designee.
D. In addition to the noise performance standards specified above, the requirements of Martinsburg City Code Section 509.06, Noise Control, shall also apply.
(3) Vibration. Any Use creating intense earth-shaking vibrations shall be set back two hundred fifty (250) feet from a Residential or Mixed-Use District as listed in Article 1325
, Table 1325-1. No perceptible vibrations shall be permitted at the property line. Vibration caused by maintenance and construction activities is exempt.
(4) Glare and Heat.
A. All Uses shall minimize the production of light, heat or glare that is perceptible beyond any property line of the Lot from which the light, heat or glare is produced;
B. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, shall be not visible beyond the Lot line of the Lot on which the Use is located;
C. Exterior lighting, other than that essential for the safety and convenience of the users of the premises shall be prohibited. All exterior lighting shall be shielded in such manner that the level of light (i.e., measured in foot candles) is zero at common, adjacent Lot lines, except within commonly owned properties under unified management such as commercial centers; and
D. Except for within commonly owned properties under unified management such as commercial centers, no direct or sky-reflected glare, whether from floodlights or from temperature processes such as combustion or welding or otherwise, to be visible at the Lot line of the subject property shall be permitted. Furthermore, there shall be no transmission of heat or heated air to be discernible (by a healthy observer such as the City Engineer/Planning Director or designee or a designee) at the Lot line.
(5) Fire Hazards. No activity or operation shall be established which fails to meet requirements of National Fire Protection Association (NFPA) Life Safety 101: Fire Code standard.
(6) Radiation of Electrical Emissions, Radioactivity or Electrical Disturbance. Activities that may emit dangerous radioactivity beyond closed areas shall comply with State and Federal Codes. No electrical disturbances (except from domestic household appliances) shall be permitted to affect adversely, at any point, any equipment other than that of the creator of such disturbance.
(7) Electric, Diesel, Gas or Other Power. Every Use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements. They shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the Building or, if visible from abutting residential properties, shall be concealed by evergreen planting.
(8) Sewage and Waste Treatment. All methods of sewage and industrial waste treatment and disposal shall:
A. Be approved by the Martinsburg Water and Sewer Department or applicable provider;
B. Meet requirements of the City Code if the Martinsburg Water and Sewer Department is receiving the effluent; and
C. Be in accordance with all applicable regulations.
(Ord. 2021-07. Passed 7-21-21.)