No use shall be established or maintained that does not conform to the following standards of use, occupancy and operation, in addition to all relevant provisions of other local, state and federal laws, rules and regulations providing performance standards for use, occupancy and operation of lands and the structures and enterprises thereon. Continued conformance with such standards shall be a requirement for the maintenance of any zoning compliance certificate issued under this chapter.
(a) NOISE.
(1) No person, firm or corporation shall operate or cause to be operated any source of sound, except as set forth below, which exceeds the limit set forth below when measured by a sound level meter having an A-weighted filter and constructed in accordance with the specifications of the American National Standards Institute at any property line of the lot from which the noise is emitted:
A. Sixty (60) decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m.
B. Fifty (50) decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.
(2) The following uses and activities shall be exempt from these noise regulations:
A. Temporary construction noises between the hours of 7:00 a.m. and 8:00 p.m.
B. Transient noises of moving sources such as automobiles, trucks and railroads.
C. Noise from safety signals, warning devices and emergency pressure relief valves.
D. The sound of bells or chimes from a church.
E. Noises generated by agricultural and farm activities and the normal maintenance of residential, business and other properties.
(b) PARTICULATE MATTER. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatever, in excess of applicable state and federal regulations.
(c) GLARE AND HEAT. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which a use is situated. Special efforts shall be required, such as the planting of vegetation and the installation of light shields, to alleviate the impact of objectionable or offensive light and glare produced by exterior sources on neighboring residential properties or public thoroughfares. In particular, no use shall produce glare so as to cause illumination beyond the property on which it is located in excess of five-tenths (0.5) footcandle.
(d) SOLID AND NONTOXIC LIQUID WASTES. No solid or nontoxic liquid wastes shall be discharged into any public sewer, common or private sewage disposal system or stream or on or into the ground, except in strict conformance with the standards approved by the West Virginia State Health Department, the West Virginia Department of Environmental Conservation or other duly empowered agency. Facilities for the storage of solid wastes shall be so located and designed as to be screened from the street and/or from any adjoining property and so as to discourage the harboring of rodents or insects.
(e) RADIOACTIVITY OR ELECTROMAGNETIC DISTURBANCE. No activity shall be permitted which emits dangerous radioactivity beyond the premises on which such activity is located or electrical disturbance adversely affecting the operation of radios, televisions or any equipment other than that of the creator of such disturbance.
(f) FIRE AND EXPLOSION HAZARDS. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry. All applicable requirements of the West Virginia State Uniform Fire Prevention and Building Code and West Virginia Department of Environmental Conservation regulations, as well as the provisions of the National Fire Protective Association (NFPA) Code, shall be fully observed.
(g) ODOR. No person, firm or corporation, excluding farms and agricultural operations, shall permit the emission of any noxious or offensive odor at the property line of the lot from which the odor is emitted.
(h) TOXIC OR NOXIOUS WASTES. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other wastes outside the building in which the use is conducted. In particular, toxic wastes from light industry, commercial establishments, institutions, home occupations or any other source shall not be disposed of on the ground or into the surface water or down the drain into septic systems or curbside with ordinary household garbage. Wastes such as but not limited to creosote, oils, liquid and solid chemicals, solvents and cleaners, glues, acids, metals, infectious materials, pesticides and herbicides, paints and varnishes and pharmaceuticals and radioactive wastes shall be properly stored and disposed of at facilities or through pickup services specifically designated for the handling and disposition of such toxic substances.
(i) VIBRATION. No activity shall cause or create a steady state or impact vibration discernible at any lot line.
(j) MAINTENANCE OF DEVELOPED LOTS. All open portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, washed stone or other suitable material. Required yard areas shall be planted and maintained in accordance with the approved site plan for the premises and in a manner which is compatible with its use and beneficial enjoyment.