(a)

The industrial district regulations are created to provide minimum standards for the development and use of the following two classes of industrial uses:

(1)

In ML light industrial districts, industrial facilities and uses are permitted whose appearance and normal operating characteristics will have substantially no adverse effects upon adjacent property.

(2)

In MH heavy industrial districts, industrial facilities and uses are permitted whose operating characteristics are potentially harmful to many kinds of adjacent uses, but which can be rendered acceptable by appropriate regulations and geographic separation.

(b)

The facilities and uses permitted in each of the industrial districts are delineated by two means:

(1)

A list of the general categories of uses permitted in the district concerned, provided that they comply with the applicable performance standards; and

(2)

Performance standards with which all uses and facilities in the district must comply.

(Code 1974, § 23-60; Ord. of 10-17-1978, § 23-60)

In industrial districts, land and structures may be used, and structures may be erected, altered, or enlarged only for the uses listed in the table below, and subject to the performance standards set forth in section 44-205:

Footnotes.

(*)—Permitted only on property having ready access to a street or highway classified as an arterial street or higher in the major street plan of the city.

(P)—Permitted in this district only in a planned unit development (article VII).

(Code 1974, § 23-61; Ord. of 10-17-1978, § 23-78)

(a)

Compliance with standards. After the effective date of the ordinance from which this zoning law is derived:

(1)

Any use established or changed to, and any building, structure or tract of land developed, constructed or used for any permitted principal or accessory use shall comply with all of the performance standards set forth in subsection (b) of this section for the district concerned.

(2)

If any existing use or building or other structure is extended, enlarged, moved or reconstructed, or any existing use of land is enlarged or moved, the performance standards for the district involved shall apply with respect to such extended, enlarged, moved or reconstructed building or other structures or portions thereof, and with respect to land use which is enlarged or moved.

(b)

Performance standards.

(1)

Outside storage in ML districts. In an ML light industry district, there shall be no storage of loose, bulk material such as sand, gravel, sawdust, or coal outside an enclosed building unless kept in suitable covered containers, cribs or tanks.

(2)

Maintenance of grounds in ML districts. In an ML district, all portions of a tract not covered by buildings, parking spaces and permitted outside storage shall be covered with grass or other suitable ground cover and kept free of refuse.

(3)

Dangerous radiation. No activities shall be permitted in industrial districts which emit dangerous radioactive or other radiation without adequate shielding.

(4)

Electrical disturbance. No electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance shall be permitted in any industrial district.

(5)

Noise.

a.

Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI S1. 4-1961) American Standard Specifications for General-Purpose Sound-Level Meters. The instrument shall be set to the A-weighted response scale and the meter to slow response. Measurements shall be conducted in accordance with ANSI S1.2-1962, American Standard Method for the Physical Measurement of Sound.

b.

The table below specifies the noise limits that apply on or beyond adjacent lot lines or zone boundaries outside the property of the creator of such noise. Noises shall not exceed the maximum sound levels specified in the table, except as otherwise provided herein. Where more than one specified sound level applies, the more restrictive shall govern. Measurements may be made at points of maximum noise intensity.

NOISE LEVEL RESTRICTIONS

* In any residential district, the weighted sound level shall not exceed 55 dB(A) during the hours 7:00 a.m. to 9:00 p.m., and shall not exceed 45 dB(A) during the hours 9:00 p.m. to 7:00 a.m.

c.

The levels specified in the table above may be exceeded by 10 dB(A) for a single period, no longer than 15 minutes, in one day.

d.

The following uses and activities shall be exempt from the noise level regulations:

1.

Noises not directly under the control of the property user;

2.

Noises emanating from construction activities between 7:00 a.m. and 9:00 p.m.;

3.

The noises of safety signals, warning devices, and emergency pressure relief valves;

4.

Transient noises of moving sources such as automobiles, trucks, airplanes, and railroads.

(6)

Vibration. In an industrial district, no activity or operation shall cause or create earthborne vibrations in excess of displacement values derived for such district from the formula below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions; the maximum vector resultant shall not exceed the vibration displacement permitted.

The maximum permitted displacements shall be determined by the following formula:

D = K/f

where: D = displacement in inches

K = a constant given in the table below

f = the frequency of the vibration transmitted through the ground, in cycles per second

VALUES OF K TO BE USE IN VIBRATION FORMULA

(7)

Combustible solids. In an MH industrial district, the storage or utilization of solid materials or products, such as pyroxylin, powdered magnesium and the like, whose combustion characteristics range from active burning to intense burning is permitted, provided that said materials are stored or utilized in buildings approved by the city fire chief. Said materials or products may be stored outdoors in an MH district provided such storage is set back at least 50 feet from all lot lines and otherwise complies with the fire protection code of Bluefield. Said materials or products may be manufactured only in an MH heavy industrial district.

(8)

Flammable liquids and gases. In ML light industrial districts, the storage or utilization of flammable liquids or gases shall be permitted only in accordance with the following table and the provisions of the article II of chapter 16, pertaining to the fire prevention code of the city, except that the storage of finished products in original sealed containers of 55 gallons or less shall not be restricted as to quantity:

TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED, GALLONS

In the MH heavy industrial districts, the storage, utilization, and manufacture of flammable liquids and gases shall be in accordance with the fire prevention code in chapter

(9)

Explosives. In ML light industrial and MH industrial districts, the manufacture of explosives is prohibited. In all industrial districts, the storage and use of explosives shall comply with the provisions of the fire prevention code of the city.

(Code 1974, § 23-62; Ord. of 10-17-1978, § 23-62)

(a)

General. Any structure or use permitted in an industrial district hereafter erected, enlarged, or established shall comply with the yard and height requirements set forth below. All yards adjacent to a lot in a residential district shall be landscaped and well maintained. The minimum yard requirements set forth in this section shall not be construed as prohibiting the erection of an open fence around the property line of a lot. An auxiliary structure not exceeding 400 square feet in floor area may be permitted as a special exception in a required yard in an industrial district as a gatehouse for security personnel or as a utility shed housing valves, motors, and related equipment. Any such auxiliary structure shall be substantially constructed and well maintained. Off-street parking and off-street loading spaces shall be provided in accordance with section 44-207.

(b)

Minimum front yard depth. The minimum front yard depth shall be 30 feet in ML and MH districts, provided, that where existing permitted structures are set back less than required herein, no new structure shall be required to be set back more than the average of existing structures within 100 feet on each side thereof.

(c)

Minimum side and rear yard width.

(1)

Not abutting another district. Where the side or rear line of a lot in an industrial district abuts a lot which is also in an industrial district, then the side or rear yard adjacent to such lot line shall have a minimum width of ten feet.

(2)

Abutting a business district. Where the side or rear lot line abuts a lot in a business district, then the side or rear yard adjacent to such lot line shall have a minimum width as follows:

a.

In the ML industrial district, the yard width shall be ten feet, plus one foot for every foot by which the height of the building exceeds 15 feet.

b.

In an MH heavy industrial district, the minimum side or rear yard width shall be 40 feet, plus two feet for every foot by which the height of the building exceeds 15 feet.

(3)

Abutting a residence district. Where the side or rear lot line abuts property in a residence district, then the side or rear yard adjacent to such lot line shall have a minimum width as follows:

a.

In the ML industrial district, the minimum side or rear yard width shall be 15 feet, plus one foot for every foot by which the height of the building exceeds 15 feet.

b.

In an MH heavy industrial district, the minimum side or rear yard width shall be 60 feet, plus two feet for every foot by which the height of the building exceeds 15 feet.

(d)

Maximum height. The maximum height of structures shall not exceed 45 feet in an ML light industrial district. No maximum height is prescribed in an MH heavy industrial district.

(1)

Appurtenances to buildings. In any district, chimneys, stacks, elevator bulkheads, penthouses, gas or water towers, cooling towers, stage towers or scenery lifts, electric signs, wireless towers, and other necessary mechanical appurtenances where permitted by the use regulations of this zoning law, and erected upon and as an integral part of the building, may be erected or extended above the height limit of the district, provided that any such structure shall set back from the vertical plane of the permitted building line one foot horizontally for each two feet of extra height.

(2)

The board of adjustment may permit an increase in the maximum permitted height as a special exception where there exists reasonable necessity therefor.

(Code 1974, § 23-63; Ord. of 10-17-1978, § 23-63)

Sufficient parking spaces shall be provided to accommodate the cars of all workers in the industry or use. Also spaces shall be provided to store overnight all vehicles incidental to the operation of the industry or use. Off-street loading spaces shall be provided for loading or unloading all vehicles or trucks incidental to the operation of the industry or use.

(Code 1974, § 23-64; Ord. of 10-17-1978, § 23-64)