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.

Continued compliance. Continued compliance with conformance standards is required, and enforcement of continued compliance with these performance standards shall be by the Code Enforcement Officer.

Determination of violation. The Code Enforcement Officer shall investigate any purported violation of performance standards and, if there is reasonable grounds for the same, shall notify the Mayor and Council of the occurrence or existence of a probable violation thereof. The Mayor and Council shall consider the alleged violation. If, after public hearings on due notice, the Mayor and Council finds that a violation occurred or exists, such violation shall be terminated as provided in Subsection D following.

Termination of violation. All violations as ascertained in accordance with Subsection C above shall be terminated within 30 days of the decision of the Mayor and Council 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 Mayor and Council.

Definition of elements. No land or building in any district which shall be used or occupied for any purpose shall be operated in such a manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion 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, provided that any use permitted by this chapter may be undertaken and maintained 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.

Location where determinations are to be made for enforcement of performance standards. The determination of the existence of any dangerous and objectionable elements shall be made:

Fire and explosion hazards. 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 firefighting and fire-suppression 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.

Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment located beyond the property of the creator of such disturbance. All applicable federal regulations shall be complied with.

Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in § 390-37B.

Glare. No direct or sky-reflected glare shall be directly in a neighbor's property, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the point of measurement specified in § 390-37B. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.

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.