The following regulations shall apply to all land within the commercial areas along local roads as well as along state highways.
(A) After the effective date of this chapter:
(1) With the exception of legally established nonconforming uses, no land, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this chapter;
(2) No building, structure, premises or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed or relocated except in conformity with these regulations and for uses permitted by this chapter;
(3) Provided, however, legally established nonconforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster when such damage or destruction does not exceed two-thirds of the gross floor area of the structure or facilities affected;
(4) Provided further, however, any legally established nonconforming use, public elementary, junior high or high school (including any structures, facilities and parking areas accessory thereto) may be constructed, erected, converted, enlarged, extended, reconstructed or relocated for such public elementary, junior high or high school use on the same lot or parcel; and
(5) Provided further, that a resident living in a commercial district will be exempt from obtaining a variance for an addition or modification to his or her existing buildings as long as such modification or addition does not increase the value of the principal building by more than 25% of its pre-improvement market value (excluding the price of the land), unless such a building is permanently changed to a conforming use. Otherwise modifications must comply with R-1, R-2 and R-3 Zoning District regulations.
(B) All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards.
(1) Vibration. No use shall cause earth vibrations or concussions detectable beyond the lot lines without the aid of instruments.
(2) Smoke. No use shall emit smoke of a density equal to or greater than No. 1 according to the Ringelmann Scale, as now published and used by the U.S. Bureau of Mines, which is incorporated by reference and made a part thereof.
(3) Smoke, particulate matter, noxious matter. The emission of smoke, particulate matter or noxious or toxic gases shall conform to the standards and regulations of the State Air Pollution Control Board.
(4) Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety or welfare or cause injury to property.
(5) Sound. No use shall produce sound in such a manner as to endanger the public health, safety or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat frequency, shrillness or vibration.
(6) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond lot lines.
(7) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the State Department of Environmental Management or in such a manner as to endanger the public health, safety or welfare or cause it injury to property.
(Ord., § 1-27, passed - -1991; Ord. 2011-0008, passed 11-17-2011)