(a) APPLICABLE STANDARDS. All permitted, accessory, and special permit uses in all industrial districts shall be subject to review in accordance with the following industrial performance standards.
(1) Enclosed operations, material storage. All operations are conducted and all materials are stored within enclosed buildings.
(2) Fuel. All operations shall be required to use a smokeless fuel for heating and operating.
(3) Smoke and particulate emissions. The permitted levels shall be no greater than those allowable under the Administrative Regulations of the West Virginia Air Pollution Control Commission.
(4) Dust. No dust of any kind produced by the industrial operations is permitted to escape beyond the confines of the building in which it is produced.
(5) Vibrations. There shall be no measurable vibrations beyond the lot line of any individual operation.
(6) Toxic or noxious matters. No use shall discharge across the boundaries of the lot wherein it is located toxic or noxious matter that can cause any damage to health, to animals and vegetation, or to other forms of property.
(7) Odorous matter. There shall be no emission of odorous matter in such quantities as to be offensive at any point along or beyond lot lines. Any process that may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
(8) Explosive hazards. No activities involving the storage, utilization or manufacture of materials or products that decompose by detonation shall be permitted within the district.
(9) Glare. Any operation producing intense glare or heat shall be performed within an enclosed building as to be completely imperceptible from any point beyond the lot lines.
(10) Radioactivity. No activities shall be permitted which cause radioactivity in violation of Title 10, Chapter I, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation", dated June 16, 1957, or any subsequent revision or amendment thereto.
(11) Noise. Maximum permissible sound level measured along the lot line of the sound emitting property, excluding vehicular traffic, shall not exceed the values for octave bands lying within the several frequency limits given in Table 1343.05A below after applying the corrections shown in Table 1343.05B. Transportation facilities and temporary construction work shall be exempted from measurement. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. American Standards Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc. and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc. shall be used.
Noise Measurement Corrections Type or Location of Operation or Character of Noise Correction in Decibels (a) Daytime operation only 5 (b) Noise source operates less than * (1) 20% of any one-hour period 5 (2) 5% of any one-hour period 10 (c) Noise of impulsive character, hammering, etc. - 5 (d) Noise of periodic character, hum, screech, etc.- 5 (e) Property is within 500 feet measured horizontally or vertically of any residential zone 10 *Apply only one of these corrections. |
(b) COMPLIANCE WITH STANDARDS. Any application for a building permit for an industrial use shall be accompanied by a sworn statement filed by the owner of subject property or the operator of the proposed use that such use will be operated in accordance with the performance standards set forth herein. Continued compliance with performance standards is required and shall be enforced by the Zoning Officer. 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.
(c) REGULATION OF NUISANCE ELEMENTS. The determination of the existence of the nuisance elements of noise, vibration, glare, dust, toxic or noxious matters shall be made at the property lines of the use creating same. The determination of the existence of the nuisance elements of radioactivity, smoke, particulate emissions, and other forms of air pollution shall be made anywhere within the City. The determination of the existence of the nuisance element of odor shall be made at the zone district boundary line within which the use creating such element is located.