(a) Performance Standards Procedure. Performance standards and special uses enumerated in M-Districts shall be subject to the following standards and procedures:
(1) Prior to construction and operation. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(2) Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Zoning Officer.
(3) Termination of violation. All violations shall be terminated within thirty days or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
(b) Regulation of Nuisance Elements.
(1) Definition of nuisance elements. A nuisance element is any radioactivity, noise, vibration, glare, smoke, odor and dust which exceeds the performance standards established under this section.
(2) Locations where determinations are to be made for enforcement of performance standards. The determination of the existence of nuisance elements shall be made at:
A. The property line of the use creating such element for noise, vibration, glare, or dust.
B. Anywhere within the City for elements involving radioactivity, smoke and other forms of air pollution.
C. Outside M-District for odor.
(c) Standards to be Enforced.
(1) Radioactivity. No activities shall be permitted which cause radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation", dated June 16, 1957, or any subsequent revision or amendment thereto.
(2) Noise. No noise which is readily detectable without instruments shall be permitted.
(3) Vibration. No vibration which is readily detectable without instruments shall be permitted.
(4) Glare. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, shall be visible.
(5) Smoke. No emission of visible grey smoke of a shade equal to or darker than No. -2 on a standard Ringlemann Chart as issued by the United States Bureau of Mines shall be permitted. Visible grey smoke of a shade equal to No. 3 on said chart may be emitted for not more than three (3) minutes in any fifteen (15) consecutive minutes when a firebox is cleaned or when a new fire is built.
(6) Odors. No emission of odorous gases or other odorous matter in such quantity as to be readily detectable without instruments shall be permitted.
(7) Dust. Solid or liquid particles shall not be emitted in quantities to make them readily detectable without instruments.
(1977 Code Title 4A.)