A. Scope of provisions: Every use, activity, process, or operation, located, or occurring in the city, or its jurisdictional area, shall comply with the environmental performance standards prescribed in this chapter, and no such use hereafter shall be altered or modified so as to conflict with, or other conflict with, such environmental performance standards. If, as of the date of adoption of this ordinance, the operations of any lawful existing use violates these environmental performance standards, such operations shall not in themselves make such use subject to this chapter.
B. Administration and enforcement of environmental performance standards:
1. Whenever, in the opinion of the Board of Public Works and Safety there is a reasonable probability that any use or occupancy violates these environmental performance standards, the property owner shall be given written notice of at least seven days duration that said use or occupancy must be corrected. In case of an emergency the Board of Public Works and Safety may take immediate action deemed appropriate to correct the violations. The Board of Public Works and Safety is hereby authorized to employ qualified technician or technicians to perform whatever investigations and analyses as are necessary to determine whether or not they are in fact being violated.
2. In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the technicians employed to perform such investigations and analysis. Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in Chapter 1 of this ordinance.
3. If a complaint is received regarding an alleged violation of any of the provisions of this chapter the Board of Public Works and Safety shall, as a condition precedent to further investigation, require that the complainant post an escrow deposit in the amount of $200 to defray the cost of employing a qualified technician or technicians to perform such investigation and analyses as may be necessary to determine whether or not such violation exists.
(a) In the event that the complaint is substantiated, the escrow deposit shall be refunded to the depositor, and the reasonable fees associated with the investigation and analyses shall be recovered in the manner provided above.
(b) If the complaint proves unfounded, such fee shall be paid from the complainant's escrow deposit. Any remainder of such deposit shall be refunded to the complainant upon completion of the investigation.
C. Performance standards:
1. Vibration: Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot line.
2. Noise: Every use shall be so operated that the pressure level of sound or noise generated, measured in decibels, shall not exceed the maximum decibel levels for the designated octave band as set forth in the following table for the appropriate area:
Maximum Permitted Sound Pressure Level in Decibels | ||
Octave Band Cycles per Second | Within or Adjacent to Residential District | Within All Other Areas |
0 to 75 | 75 | 79 |
75 to 150 | 67 | 74 |
150 to 300 | 52 | 59 |
300 to 600 | 46 | 53 |
600 to 1,200 | 40 | 47 |
1,200 to 2,400 | 34 | 42 |
2,400 to 4,800 | 32 | 39 |
3. Odor: Every use shall be so operated that no controllable offensive or objectionable odor is emitted.
4. Smoke: Every use shall be so operated that no smoke from any source shall be emitted of a greater density than allowable by any federal or state requirements.
5. Toxic gases: Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which are detrimental to any person or to the public or which would endanger the health, comfort, and safety of any such person or the public, or which would cause or have a tendency to cause injury or damage to persons, property, or business.
6. Emission of dirt, dust, fly ash, and other forms of particulate matter: The emission of dirt, dust, fly ash, and any other forms of particulate matter shall not exceed any federal or state regulations.
7. Radiation: Every use shall be so operated that there is no dangerous amount of radioactive emissions in accordance with all federal and state regulations.
8. Glare and heat: Any operation producing intense glare or heat shall be performed in an enclosure in such manner as to be imperceptible along any lot line without the use of instruments.
9. Hazardous materials: No hazardous materials as defined by state statutes or federal regulations shall be stored for long period of time or disposed of on the property.
10. Fire and explosion hazard:
(a) The storage or utilization of solid materials, ranging from incombustible to moderate burning, is permitted.
(b) The storage or utilization of solid materials, ranging from free or active burning, to intense burning is permitted provided the following conditions are met.
(1) The materials shall be stored or utilized within closed tanks or completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
(2) All such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
(3) Such materials, if stored outdoors, shall be no closer than 150 feet to the nearest lot line or in conformance with the standards and/or regulations of the fire protection district and the National Fire Protection Association or its successors.
(c) The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and storage of finished products in original sealed containers:
(1) Such materials or products shall be stored or utilized within completely enclosed buildings having incombustible exterior walls and handled in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors, and, in addition, all such buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the fire protection district and the National Fire Protection Association or its successors.
11. Electrical disturbances: No activity shall cause an electrical disturbance adversely affecting radio or other equipment in the vicinity.
12. Erosion: No erosion, which will carry objectionable substances onto neighboring properties or which will cause significant loss of topsoil or gullying, shall be permitted.
13. Water pollution: Water pollution shall be subject to the standards established by the State Stream Pollution Control Board.
(1980 Code, Ch. 156, § 2.10) (Ord. 595, passed 9-19-1970; Am. Ord. 731, passed 7-8-1980) (Ord. 1995-7, passed 6-5-1995; Am. Ord. 2017-16, passed 7-11-2017) Violations and Penalties: see Chapter 1.14