Permitted and special uses enumerated in district regulations and uses accessory thereto are subject to the following performance standards and procedures. Any other use, existing or proposed, which the Building Inspector, Common Council and Zoning Board of Appeals has reasonable grounds to believe to violate performance standards shall also be subject to these performance standards procedures.
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 subject property that said use will be operated in accordance with the performance standards set forth herein.
B. 
Continued compliance. Continued compliance with performance standards is required, and enforcement of continued compliance with these performance standards shall be enforced by the Building Inspector or Zoning Board of Appeals.
C. 
Determination of violation. The Building Inspector shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Zoning Board of Appeals of the occurrence or existence of a probable violation thereof. The Zoning Board of Appeals shall investigate the alleged violation. If, after public hearings on due notice, the Zoning Board of Appeals finds that a violation occurred or exists, such violation shall be terminated as provided in Subsection D following.
D. 
Termination of violation. All violations, as ascertained in accordance with Subsection C above, shall be terminated within 30 days of the decision of the Zoning Board of Appeals or shall be deemed a separate violation for each day following and subject to fines as set forth herein, except that certain uses established before the effective date of this chapter and nonconforming as to performance standards shall be given a reasonable time in which to conform therewith as determined by the Zoning Board of Appeals.
No land or building in any district which shall be used or occupied shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; electrical or other disturbance; glare; or other substance, condition or element in such amount as to adversely affect the surrounding area or premises (referred to herein as "dangerous or objectionable elements"), provided that any use permitted by this chapter may be undertaken and maintained in the I-1, I-2 and I-3 Districts if it conforms to the regulations of this subsection limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.
The determination of the existence of any dangerous and objectionable elements shall be made:
A. 
At the point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution.
B. 
At or beyond the property lines of the use creating such elements for noise, for vibration, for dust, for glare and for odors, wherever the effect is greatest.
A. 
Fire explosion hazards and heat. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-supression equipment and devices standard in this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulations shall also apply. No direct or reflected heat shall be detectable from any R or B District boundaries.
B. 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment. All applicable federal regulations shall be complied with.
C. 
Noise.
(1) 
At the points of measurement specified in § 190-149, the maximum sound-pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Subsection C(2) after applying the corrections shown in Subsection C(3). 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 Standard Sound-Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc. New York, New York, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Sounds, Z24.10-1953, or latest approved revision thereof, American Standards Association, Inc. New York, New York, shall be used).
(2) 
Frequency limits.
Frequency Ranges Containing Standard Octave Bands
(cycles per second)
Octave Band Sound-Pressure Level1
(decibels)
31.5
60
63
60
125
60
250
55.3
500
40
1,000
40
2,000
37.6
4,000
30
8,000
30
1 NOTE: If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Subsection C(3) shall be applied to the octave band levels given in Subsection C(2).
(3) 
Corrections.
Type or Location of Operation or Character of Noise
Correction
(decibels)
Daytime operation only
5
Noise source operates less than1:
20% of any 1-hour period
5
5% of any 1-hour period
10
Noise of impulsive character (hammering etc.)
-5
Noise of periodic character (hum, screech, etc.)
-5
Property is located in 1 of the following zoning districts and is not within 500 feet of any R District:
Any B District
5
Any I District
10
1 NOTE: Apply one of these corrections only.
D. 
Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 190-149.
E. 
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in § 190-149. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.
F. 
Smoke. No emission shall be permitted from any chimney or otherwise, except in compliance with the air pollution regulations of the Niagara County Health Department of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringelmann Chart, Published by McGrawHill Publishing Company, Inc., and copyright 1954 (being a direct facsimile reduction of a standard Ringelmann Chart as issued by the United States Bureau of Mines), except that visible grey smoke of a shade equal to No. 3 on said chart may be emitted for four minutes in any 30 minutes.
G. 
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the property line of the zone lot from which they are emitted without instruments.
H. 
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted, except in compliance with the air pollution regulations of the Niagara County Health Department.
I. 
Toxic or noxious matter. No discharge of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business, shall be permitted.