It is the purpose of the 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. Materials, uses and products produced shall be adequately housed, shielded or screened so that the health, safety and welfare of persons occupying the property or adjacent properties are not jeopardized.
(A) Applicability and compliance. The performance standards are applicable to all land uses in all zoning districts within the city, and both initial and continued compliance is required. Any condition or land use falling under the jurisdiction of the standards of this Zoning Code and not in conformance with these standards shall be brought into full compliance immediately upon discontinuance of the existing use of land, structure or building. 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.
(B) Noise. No business or commercial operation or residential use shall create a persistent or recurring noise which is a nuisance. No business or commercial operation or residential use may raise the noise level more than two decibels above the normal background level (measured at any lot line).
(C) Odors. No use shall cause or allow the emission of odorous air contaminants from any source sufficient to result in detectable odors beyond any lot line on which the use occurs.
(D) Vibrations. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on or outside the property line of the property on which the use is located.
(E) 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 public right-of-ways.
(F) Air and water pollutants. The emission of air and water pollutants shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
(G) Hazardous materials. The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulation of any local, state or federal agency having jurisdiction in this matter.
(H) Smoke. The emission of smoke or dust by any land use in an amount sufficient to create a general nuisance to adjoining properties shall be prohibited.
(I) Enforcement.
(1) Notice of violation. In enforcing performance standards on existing uses, the Zoning Enforcement Officer may issue a written notice of violation to an alleged violator. The Zoning Enforcement Officer 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. In other cases, however, technical complexity or extraordinary expense may make it 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 Zoning Enforcement Officer has other reason to believe there is probable violation. The Zoning Enforcement Officer 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 Zoning Enforcement Officer believes there is a violation.
(2) Notice contents. The notice shall require either an answer or correction of the alleged violation to the satisfaction of the Zoning Enforcement Officer and within a time limit he or she shall specify in the notice. 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 violation. 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. If a violation is found as a result of such determinations, the cost of the determinations 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 pay the cost of the determinations.
(Ord. 09-3306, passed 10-15-09)