§ 153.067 NUISANCE STANDARDS.
   (A)   Federal, state and local regulations apply. All uses shall comply with all federal, state, and local pollution and nuisance laws and regulations, including, but not limited to, glare, smoke, dust, odors, and noise. The burden of proof for compliance of appropriate performance standards lie with the applicant.
   (B)   Noise. Any use established shall be so operated that no undue or objectionable noise resulting from the use is transmitted beyond the boundaries of that lot or property on which the use is located. This standard shall not apply to incidental traffic, parking, loading, construction, or maintenance operations unless the noise is persistent or reoccurring and poses a threat to the health, safety, or welfare of nearby residents.
   (C)   Vibration. Any use creating periodic earth-shaking vibration shall be prohibited if such vibrations are perceptible to persons beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction.
   (D)   Waste material. No toxic, harmful waste material shall be washed into the public storm sewer system or the sanitary sewer system without first having received a permit to do so. Storage areas for waste material shall be located and fenced in a satisfactory manner to avoid being a public nuisance. No toxic or harmful liquid or solid waste shall be disposed of in the city without first obtaining a permit to do so.
   (E)   Glare and heat. Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being objectionable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from R districts and public streets.
   (F)   Smoke and particulate matter. Any use established, enlarged or remodeled on the effective date of this chapter shall be so operated as to control the emission of smoke or particulate matter to the degree that it is not detrimental to or shall endanger the public health, safety, comfort or general welfare.
   (G)   Toxic or noxious matter. Any use established shall be so operated as not to discharge across the boundaries of the lot or through percolation into the atmosphere or the subsoil beyond the boundaries of the lot wherein such use is located toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.
   (H)   Odors. Any use established, enlarged or remodeled shall be so operated as to prevent the emission of odorous or solid matter of such quality and quantity as to be objectionable at any point beyond the lot line of the site on which the use is located.
   (I)   Water pollution. All uses and activities shall conform to all applicable federal, state and local water pollution standards and/or controls in effect.
(Prior Code, § 904.03)