§ 34-89. Transition period for preexisting industrial or commercial facilities.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Commercial facility means any building, structure, premises or portion thereof used for wholesale or retail commercial purposes.

Industrial facility means any building, structure, factory, plant, premises or portion thereof used for manufacturing or industrial purposes.

(b)

Any industrial or commercial facility shall be subject to all applicable requirements of this article.

(c)

If any facility which is not in compliance by the end of the one-year period applies for a variance pursuant to section 34-100, in deciding whether to grant a variance, the hearing board shall take into account the extent to which the applicant has endeavored to reduce noise during the one-year period to meet the standards specified in this article.

(d)

This section applies only to a commercial or industrial facility which was already in existence or for which the work of improvement has commenced prior to July 1, 1976.

(Ord. No. 2015-011, § 1, 1-14-2016)