(A) Purpose. The operational performance standards of this subchapter are intended to protect the health, safety and welfare of the citizens of the city by regulating potential nuisance features associated with certain land uses.
(B) Applicability. The operational performance standards of this subchapter shall apply to all uses, buildings and structures within the city unless otherwise specifically indicated.
(C) Exemptions. The following are exempt from the operational performance standards of this subchapter:
(1) Temporary construction, excavation and grading associated with development for which applicable permits have been issued and with the installation of streets or utilities; and
(2) Demolition activities that are necessary and incidental to permitted development on the same lot, on another of several lots being developed at the same time or in the public right-of-way or easement.
(D) Standards. Under this subchapter, the following standards shall apply:
(1) Noise. Sites shall be laid out and uses shall be operated to prevent noise from becoming a nuisance to adjacent single-family and duplex uses; for tubing-related businesses, noise on the site must not exceed 60 db at any boundary of the site;
(2) Vibration. All uses shall be operated so that ground vibration is not perceptible outside the lot lines of the site on which the use is located;
(3) Fire and explosive hazards. Underground storage tanks for flammable liquids and gasses shall be located at least 50 feet from the lot line of lots zoned R or that contain a single-family or duplex use; aboveground tanks shall be set back at least 100 feet from the lot lines, unless the Board of Adjustment determines, based on information provided by the applicant, that a 50-foot setback will ensure compliance with all applicable state standards. The storage tank setback requirements of this division (D)(3) shall not apply to tanks that are necessary to single-family or duplex units;
(4) Light and glare. The following operational performance standards shall apply:
(a) All exterior lighting shall be hooded or otherwise shielded so that the light source is not directly visible from property that is zoned R-1, R-1A or R-2, or that contains a single-family or duplex use;
(b) All lighting shall be shielded so that substantially all emitted light falls within the property line of the property from which the light emanates;
(c) All exterior building floodlights shall be shielded so that all emitted light falls upon the property from which the light emanates; and
(d) No illumination shall produce direct, incident or reflected light that interferes with the safe movement of motor vehicles on public streets. The types of lighting that shall be prohibited by this division shall include but not be limited to any light that may be confused with or construed as a traffic control device and any animated, flashing or changing intensity lights, except for temporary holiday displays.
(5) Electromagnetic interference. No operations or activities shall be conducted that cause electrical disturbances to be transmitted across lot lines.
(6) Hours of operation. Tubing-related businesses shall not operate between the hours of 9:00 p.m. and 8:00 a.m.
(7) Designation of contact person. Each tubing-related business shall file with the city a written designation of a contact person responsible for ensuring compliance by the business with this chapter, all other ordinances of the city, and all conditions of the business's specific use permit. The designation will be on a form provided by the city. A business that changes the designation shall notify the city immediately, and shall file a revised designation form no later than the first business day after the change is made.
(Ord. 08-347, passed - -2008; Ord. 2016-08-02, passed 8-2-2016)