(a) These performance standards shall apply to all uses in all zoning districts, except for legal nonconforming uses which, based on a written opinion of the city attorney, have an established right not to comply with the provisions of this chapter.
(b) Compliance may be waived by the city council if a building condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exceptions from compliance with the performance standards are as follows:
(1) Temporary activity. Festivals and other special events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this title.
(2) Emergency activities. Any emergency activity on the part of the city or a private party.
(3) Construction activity. Temporary construction activity is exempted except where such activity is explicitly regulated by other regulations of the Municipal Code.
(Ord. 612 Exhibit A (part), 2008).