It is the intent of this section to provide that in all B-1 and B-2 Business Districts and in all I-1 and I-2 Industry Districts, business industry and related activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each such permitted use shall be a good neighbor to adjoining properties by the control of the following.
(A) Relationship to other laws. Regardless of any other provision of this chapter, no land shall be used and no structure erected and maintained in violation of any state or federal pollution control or environmental protection law or regulation.
(B) Landscaping. All required yards shall either be open landscaped and green areas or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs and the like. Any areas left in a natural state shall be properly maintained in a slightly and well-kept condition. All landscaping and weed control shall be maintained in compliance of other city ordinances or state statutes regulating thereof. Yards adjoining any residence district shall be landscaped with a buffer screen. Plans of the screens shall be submitted for approval as apart of the site plan and installed prior to issuance of a building permit for any lot within the district.
(C) Storage of materials. Open storage of materials in any required front, side or rear yard shall be prohibited. Any other outside storage shall be located or screened so as not to be visible from any Residence District.
(D) Noise. Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence beat frequency, shrillness or intensity, except for noise from agricultural sources. Noise generated by agricultural use shall be exempted.
(E) Odors. Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous matter of such quantity as to be readily detectable at any point beyond the lot line of the site on which the use is located. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a building permit, except odors from agricultural sources.
(F) Exterior lighting. Any lights used for exterior illumination shall direct light away from adjoining properties.
(G) Vibration. Any use creating periodic earth-shaking vibrations shall be prohibited if the vibrations are perceptible beyond the lot line of the site on which the use is located. This standard shall not apply to vibrations created during the process of construction.
(H) Glare and heat. Any use producing intense heat or light transmission shall be performed with the necessary shielding to prevent the heat or light from being detectable at the lot line of the site on which the use is located.
(I) Smoke and particulate matter. Any use established, enlarged or remodeled after the effective date of this chapter shall be so operated as to meet the minimum requirements of the State Pollution Control Agency for the emission of smoke or particulate matter.
(J) Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the subsoil beyond the boundaries of the lot wherein the use is located, toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business. Any such use shall not discharge into the atmosphere, water or subsoil, any toxic or noxious matter.
(K) Explosives. Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes.
(L) Radiation emission. All activities that emit radioactivity shall comply with the minimum requirements of the State Pollution Control Agency.
(M) Electrical emission. All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications Commission.
(N) Compliance. In order to ensure compliance with the performance standards set forth above, the City Council may require the owner or operator of any permitted or conditional use to have made the investigations and tests as may be required to show adherence to the performance standards. The investigations and tests as are required to be made shall be carried out by an independent testing organization as may be selected by the city.
(Ord. 266, passed 5- -2008)