(a) In General. No land or building in any district shall be used or occupied in any manner that creates dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this Zoning Code may be undertaken and maintained if acceptable measures and safeguards are taken to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements.
(b) Fire Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
(c) Radioactivity or Electrical Disturbance. No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.
(d) Noise. Noise shall be so controlled that at the property line on which such noise is produced it will not be at a level above that normally perceptible from other development in the area or from the usual street traffic observed at the street right-of-way line on the lot, except an occasional blast required in normal operation and produced in such manner as not to create a hazard. If such blast or other noise creates an objectionable noise, as determined by the Board of Zoning Appeals, such noise shall be muffled or otherwise controlled. Sirens and related apparatus used solely for public purposes are exempt from this regulation.
(e) Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
(f) Air Pollution. No pollution of air by fly-ash, dust, vapors, odors, smoke, or other substances shall be permitted which are harmful to health, animals, vegetation, or other property, or which can cause excessive soiling.
(g) Glare. No direct or reflected glare shall be permitted which is visible from any property outside an Industrial District or from any street.
(h) Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.
(i) Water Pollution. No pollution of any stream, reservoir, aquifer (underground water supply), or other water body within or surrounding the Village, shall be permitted which would create a serious threat to the health, safety, or welfare of the residents of the Village.
(j) Litter. Litter constituting a detriment to public health which has been placed on any property shall be removed. Litter includes any garbage, waste, peelings of vegetables or fruit, rubbish, ashes, cans, bottles, wire, paper, boxes, parts of automobiles, furniture, glass, or oil of an unsightly or unsanitary nature, or anything else of an unsightly or unsanitary nature.
(k) Junk. Junk such as abandoned vehicles, household appliances, farm equipment, or any other matter, for which no future use is contemplated or which has deteriorated to the point of creating a visual blight on the landscape, shall be removed from view from any public road or right-of-way.
(l) Enforcement Provisions. The Zoning Inspector or Board of Zoning Appeals, prior to the issuance of a zoning permit, may require the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerance. The Zoning Inspector shall investigate all complaints. If the Inspector finds a property in violation of this section, he or she shall give a written notice by registered mail or in person to the owner or person in charge of the property requiring him or her to remove the nuisance within fifteen days (thirty days for dilapidated structure) of receipt of the notice. If the nuisance is not removed within this period, the Inspector shall hire someone to remove the nuisance and bill the owner or person in charge of the property for the cost of the labor and any materials used. If the bill is not paid, it will be added to the tax duplicate of such property.
(m) Measurement Procedures. Methods and procedures of the Village for the determination of the existence of any dangerous or objectionable elements which constitute a public nuisance may utilize any applicable and reliable measurement procedures, or the Village may request the assistance of reputable consultants, government organizations, or other sources if authorized by the Village Council.
(n) Existing Public Nuisances Subject to Discretion of Council. Any public nuisance described in this Zoning Code that exists at the time of the adoption of this Zoning Code shall be subject to the discretion of Village Council prior to any action on the part of the Village to abate or take any other action against such public nuisance. In the utilization of such discretion, the Council shall determine what reasonable action, if any, should be taken by the Village to bring about the partial or total abatement of such public nuisance in question.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)