Permitted and conditional uses enumerated in the M-1 and M-1-Q
Zones and uses accessory thereto are subject to the following performance
standards and procedures. If the Construction Official or the Planning
Board has reasonable grounds for believing that any other use will
violate these performance standards, such use, existing or proposed,
shall also be subject to these performance standards.
A.
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 by the owner of the subject property
that said use will be operated in accordance with the performance
standards set forth herein.
B.
Continued compliance with performance standards is required, and
the continued compliance with these performance standards shall be
enforced by the Construction Official.
C.
Determination of violation. The Construction Official shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Planning Board of the occurrence or existence of a probable violation thereof. Said Board shall investigate the alleged violation. If, after public hearings on due notice, said Board finds that a violation occurred or exists, such violation shall be terminated as provided in § 92-28D.
D.
Termination of violation. All violations, as ascertained in accordance with § 92-28C above, shall be terminated within 30 days of the decision of the Planning Board or shall be deemed a separate violation for each day following and shall be subject to fines as set forth herein, except that certain uses established before December 27, 1960, and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by said Board.
