All existing and subsequently considered uses of property including residential and home-based businesses located within the city shall conform to the operational performance standards set forth below, and shall be constructed, maintained and operated so as not to differ from what is considered common within the immediate area and not noticeable to a degree it represents a nuisance or hazard to the normal senses of persons and animals on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is a violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations.
A. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of City Code of Ordinances Part II, Section 15-8. Any use wherein floorshows or other forms of entertainment consisting of one (1) or more persons, amplified or non-amplified sound, are provided indoors or outdoors, including but not limited to entertainment provided by a disc jockey (DJ), master of ceremonies (MC), karaoke, or the like shall be subject to the Live Entertainment Permit requirement of Part II (City Code of Ordinances), Chapter 13, Article IV, Section 13-80.
B. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located.
C. Particulate Matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances.
D. Odor. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all non-industrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district.
E. Toxic Matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater.
F. Fire and Explosions. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provisions of City Code of Ordinances Part II, Chapter 9.
G. Heat, Humidity, and Glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses.
H. Waste.
1. Liquid Waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity, or manner which is not in conformance with the provisions of City Code of Ordinances Part II, Chapter 26, or any applicable federal, state, or county laws or permits.
2. Solid Waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with City Code of Ordinances Part II, Chapter 10, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way.
I. Electromagnetic Interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12; Am. Ord. 21-032, passed 1-4-22)