(a) Purpose. It is the purpose of these performance standards to provide for the peaceful and quiet enjoyment of property and to set forth regulations so that no use shall be constructed or operated so as to create a nuisance or to create any noxious, objectionable or other undesirable effect on persons or property outside of the lot line of said use.
(b) Applicability and Compliance.
(1) These performance standards are applicable to all land uses in all zoning districts within the City, and both initial and continued compliance is required.
(2) As a condition precedent to the further use of property, no use already established shall be altered, added to or otherwise modified, so as to conflict with, or further conflict with, the performance standards set forth in this Section.
(3) Any change in the principal use of land, a structure or a building shall constitute a discontinuance and be fully subject to these standards and provisions.
(4) Any condition or land use falling under the jurisdiction of the standards of this Zoning Code and not in full conformance with these standards shall be brought into full compliance immediately upon discontinuance of the existing use of land, structure or building.
(5) At any time, a principal or accessory use is changed or any existing use is altered or modified, the Planning Commission may require a written statement of compliance be provided by the property owner declaring that such changed principal use or modification or alteration of an existing use will comply with all applicable performance standards set forth in this Section.
A. Any written statement of compliance may be subject to an independent opinion determination.
B. Such independent opinion determination may be ordered by the City and involve the hiring of an independent study by a professional engineer or other appropriate expert qualified in the particular field in question.
C. The cost for such independent opinion determination services shall be paid by the property owner.
(c) Performance Standards.
(1) Use, materials and equipment enclosures.
A. All permitted principal uses and accessory uses and operations, except off-street parking, shall be performed wholly within an enclosed building or buildings.
B. All raw materials, finished products and any other equipment shall be stored within fully enclosed buildings.
(2) Fire and explosive hazards.
A. The storage, handling and use of flammable or explosive materials shall be permitted only in structures having incombustible exterior walls.
B. All activities concerned with flammable or explosive materials shall be provided with adequate safety and protective devices against hazards of fire and explosion as well as with adequate fire-fighting suppression equipment and devices standard to the operation involved.
C. Automatic sprinkling systems may be required.
D. All buildings shall be accessible to fire-fighting equipment and shall comply with the Fire Prevention Codes of the City and the State.
(3) Dust and smoke. The emission of smoke, soot, fly ash, fumes, dust and other types of air pollution borne by the wind shall be controlled so that the rate of emission and quantity deposited beyond the lot are not detrimental to and do not endanger the public health, safety, comfort and welfare or adversely affect property values and so that such emissions do not exceed the amount permitted by other codes of the State, County or City.
(4) Odors. No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors as to produce a public nuisance or hazard beyond any lot line on which the use occurs.
(5) Toxic or noxious matter. No emission of toxic, noxious or corrosive fumes or gases which would be demonstrably injurious to property, vegetation, animals or human health at or beyond the boundaries of the lot occupied by the use shall be permitted.
(6) Noise. No business or commercial operation, residential use or any other use shall create a persistent or recurring noise which is a nuisance nor raise the noise level more than two decibels above the normal background level (measured at any lot line). Nor shall any sound be objectionable due to intermittence, beat frequency or shrillness.
(7) Vibration. No vibrations which would be perceptible without the aid of instruments shall be permitted beyond the lot line occupied by the use.
(8) Radioactive or electrical disturbances. No radioactive emission or electromagnetic radiation disturbances which adversely affect any equipment at or beyond the boundaries of the zoning lot shall be permitted.
(9) Waste materials.
A. No garbage, rubbish, waste matter, empty containers or waste processing equipment shall be permitted outside of any building, unless a specific outside storage area is approved by the Planning Commission.
B. If outside waste storage is approved by the Planning Commission, such storage shall be in containers approved by the Director of Public Service, and the waste container area shall be fully screened from public view subject to the screening standards set forth in Chapter 1151. The specific type and method of such screening shall be subject to approval by the Planning Commission.
C. No liquid waste shall be discharged into an open body of water or a sewer, unless treated or controlled so that the amount of solid substances, oils, grease, acids, alkalines and other chemicals does not exceed the amount permitted by other codes of the State, County or City. No waste containing material harmful to the sewerage system or the sewage treatment process shall be discharged into the Municipal sewerage system. Damage resulting from accidental spills or emissions of solid, liquid or gaseous waste shall be the responsibility of the offenders.
(10) Glare and heat. Any operation producing intense light or heat, including high temperature processes such as combustion or welding, shall not be visible or felt beyond any lot line bounding the property wherein the use is conducted. All exterior lighting on private property shall be positioned as to extend glare away from adjacent properties or any public right-of-way.
(d) Enforcement Actions. In enforcing performance standards on existing uses, the Building Commissioner may issue a written notice of violation to an alleged violator.
(1) The Building Commissioner shall, before issuing such notice, make technical determinations of any probable violation when such determinations can be made using equipment and trained personnel normally available to the City or obtainable without extraordinary expense.
(2) In certain cases, however, technical complexity or extraordinary expense may make it fiscally unreasonable for the City to maintain personnel or equipment for making determinations of violation prior to issuing a notice of violation. In such cases, a notice of violation may be issued when the Building Commissioner has other reason to believe there is probable violation.
(3) The Building Commissioner shall give notice of violation by any means that ensures a signed receipt for such notice to the party responsible for the alleged violation. The notice shall describe the alleged violation and the results of technical determinations or the other reasons why the Building Commissioner believes there is a violation.
(4) Notice of violation contents.
A. The notice shall require either an answer or correction of the alleged violation and within a time limit he or she shall specify in the notice.
B. The notice shall also state that failure to provide an answer or correct the alleged violation within this time limit shall constitute admission of a performance standards violation.
C. The notice shall further state that, if technical determinations have not already been made, upon request of the alleged violator such determinations will be made.
D. If a violation is found as a result of such determinations, the cost incurred to seek a technical determination will be assessed against the properties or parties responsible in addition to any other penalties provided for. If no violation is found, the City shall be responsible for the costs incurred in seeking a technical determination under this section.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)