The purpose of this article is to provide performance standards
for the control of industrial uses. These standards are designed to
prevent public health and safety hazards, public nuisances and harmful
environmental impacts; to permit potential industrial nuisances to
be measured factually and objectively; and to ensure that all industrial
uses will provide methods to protect the Town from hazard which can
be prevented by processes of control and elimination.
In the investigation of the compliance with these standards
by any existing or proposed use, the Building Inspector or Zoning
Enforcement Officer may require the owner or operator to provide a
study and report by an expert consultant as to the compliance with
these standards and, if necessary, advise as to how such existing
or proposed use can be brought into compliance with these standards.
The Building Inspector or Zoning Enforcement Officer may require
modifications or alterations in the existing or proposed construction
or the operational procedures to ensure that compliance with the performance
standards will be maintained. The owner or operator shall be given
a reasonable length of time to effect any changes prescribed by the
Building Inspector or Zoning Enforcement Officer for the purpose of
securing compliance with the performance standards.
The Building Inspector or Zoning Enforcement Officer shall investigate
any purported violation of these standards and, for such investigation,
may request that qualified experts be employed if a violation is found
to occur or exist. The owner or operator of the industrial use shall
be notified of a violation of these standards by certified mail. The
notice shall direct the owner or operator to bring the violating facility
or industrial use into compliance with these standards within a stated
time period determined by the Building Inspector or Zoning Enforcement
Officer. The notice shall state that upon continuation of the violation
beyond the stated time period, any costs associated with monitoring
the operation, including the costs of hiring qualified experts, shall
be paid by the violator.
If, after receipt of notice of violation pursuant to § 255-760,
and after the expiration of time provided to bring the violating industry
into compliance with these performance standards, the Building Inspector
or Zoning Enforcement Officer finds that the violation persists, any
permits previously issued shall be void and the owner or operator
shall be required to cease operation until such time as the Building
Inspector or Zoning Enforcement Officer determines that the violation
is remedied and these performance standards are met.
Appeals of the decisions of the Building Inspector or Zoning
Enforcement Officer concerning the performance standards shall be
made according to § 255-410B of this chapter.
All existing and proposed industrial uses emitting smoke or
particulate matter shall comply with the standards established by
the Rhode Island Department of Environmental Management.
Existing and proposed industrial uses shall not emit odor in
a concentration readily detectable above ambient levels at lot lines
without instruments.
Existing and proposed industrial uses shall not produce direct
or indirect glare so as to cause illumination in excess of 0.50 foot-candles
when measured from an adjacent residential district or public highway.
Existing and proposed industrial uses shall not emit heat in
quantities discernible above ambient levels at the lot lines without
instruments.
Industrial uses shall comply with the regulations of the United
States Nuclear Regulatory Commission and the Rhode Island Department
of Environmental Health governing the handling of radioactive materials,
the discharge of radioactive materials to air or water, and the disposal
of radioactive waste.
The use, storage, and manufacture of flammable or explosive
materials shall receive the approval of the Rhode Island State Fire
Marshal prior to receiving a building permit. Adequate safety, fire-fighting
and fire suppression devices shall be provided according to standard
industry practices.